Charles Sisney v. Denny Kaemingk

GRUENDER, Circuit Judge.

Inmate Charles Sisney brought this pro se civil rights action against four South Dakota corrections officials, asserting both facial and as-applied challenges to the State's prison-pornography policy. The district court construed Sisney's facial challenges to two distinct provisions of the policy as a single attack on the entire policy, and it granted his motion for summary judgment on this score. After invalidating the policy on its face, the court proceeded to resurrect a prior version of the policy and used it to resolve all but one of the as-applied challenges in…