Burke v. North Dakota Department of Corrections & Rehabilitation

KAPSNER, Justice.

[¶ 1] Dale J. Burke appealed from a judgment dismissing his suit against the North Dakota Department of Corrections and Rehabilitation (“Department”). We hold Burke failed to state a claim upon which relief can be granted. We therefore affirm.

I

[¶ 2] In late 1998 and early 1999, the Department implemented regulations restricting inmates’ ability to purchase personal property at the state penitentiary. In February 1999, Burke, an inmate, brought suit against the Department. Burke asserted the Department conspired with Best Commissary, Inc. (“Best”) to implement rules that would…