Case Information
*1 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION
MARK CHRISTIANS, 4:20-CV-04083-LLP
Plaintiff, ORDER REGARDING PROPOSED JURY vs. INSTRUCTIONS AND INMATE DARRIN YOUNG, in his individual capacity; TESTIMONY DAN SULLIVAN, in his official capacit^3 TROY PONTO, Deputy Warden SDSP, 1
individual and official capacity; JESSIcA
COOK, Associate Warden SDSP/Jamesonr
individual and official capacity; BRENT
FLUKE, Warden MDSP, individual and official
capacity; REBECCA SCHIEFFER, Associate
Warden MDSP, individual and official capacity;
ALEX REYES, Associate Warden MDSP,
individual and official capacity; CODY
HANSON, Unit Manager Jameson, individual
and official capacity; SETH HUGHES, Unit
Manager Jameson, individual and official
capacity; NANCY CHRISTENSEN, Unit
Manager MDSP, individual and official
capacity; DEREK EKEREN, Unit Coordinator
Jameson, individual and official capacity; DEB
EILERS, Unit Coordinator MDSP, individual
and official capacity; LAURIE STRATMAN,
Unit Coordinator MDSP, individual and official
capacity; JULIE STEVENS, Case Manager
MDSP, individual and official capacity; CRAIG
MOUSEL, Property Officer, SDSP, individual
and official capacity; MIKE LEIDHOLT,
individual capacity; ICELLIE WASKO, official
capacity, PECHOUS, Unit Coordinator, ;
individual and official capacity; GENIE BIRCH,
Program Manager, individual and official
capacity; GREASMAN, Correctional Officer,
individual and official capacity; DAWN
ALUMBAUGH, Correctional Officer,
individual and official capacity; MARJAMA,
Correctional Officer, individual and official
capacity; WINTERS, Correctional Officer,
individual and official capacity; PADILLA,
Correctional Officer, individual and official
capacity; MULLINS, Correctional Officers-
individual and official capacity; HULSCHER,
Correctional Officer, individual and official
capacity; DREISKE, Former Deputy Warden,
individual capacity; BECKER, Lieutenant,
individual and official capacity; HETTIG,
Lieutenant, individual and official capacity;
SORENSON, Lieutenant, individual and official
capacity; FERRET, Lieutenant, individual and
official capacity.
Defendants.
Plaintiff, Mark Christians, filed this pro se civil rights lawsuit under 42 U.S.C. § 1983. A jury trial is scheduled to begin on July 15, 2025. Docs. 382, 437. The Court has reviewed the parties' proposed jury instructions and other pretrial submissions and determined that further pretrial submissions are necessary. See generally Docs. 423, 424, 425, 426, 427, 429,431, 432, 434.
I. Proposed Jury Instructions
Christians' claims against twenty-seven (27) defendants survived summary judgment. Doc. 147 at 23-27, 30-31, 43; Doc. 345 at 12-23, 34. At trial, Christians must demonstrate that each defendant was individually involved in violating his Eighth Amendment rights before that defendant can be held liable under § 1983. Cmty Church v. Waddle, 595 F.3d 798, 805-06 (8th Cir. 2010); see also White v Jackson, 865 F.3d 1064, 1076 (8th Cir. 2017) ("[A] plaintiff must be able to prove 'that each Government-official defendant, through the official's own individual actions, has violated the Constitution.'" (quoting Ashcroft v. Iqhal, 556 U.S. 662, 676 (2009))). "Liability for damages for a federal constitutional tort is personal, so *3 each defendant's conduct must be individually assessed." Wilson v Northcutt, 441 F.3d 586, 591 (8th Cir. 2006) (citing Doran v Eckold, 409 F.3d 958, 969 (8th Cir. 2005) (en banc)). The parties' proposed jury instructions and Plaintiffs proposed special verdict form do not clearly direct the jury to consider separately Christians' claims against each defendant. See, e g., Doc. 426 at 11,12, 16, 19-20; Doc. 434 at 33, 34, 46—48. Thus, the parties are directed to submit revised proposed jury instructions, as well as a proposed special verdict form, that direct the jury to consider separately Christians' claims against each defendant. The revised proposed jury instructions and proposed special verdict form must be filed on or before July 2, 2025. Objections to the revised proposed jury instructions and proposed special verdict form must be filed on or before noon on Monday, July 7,2025.
II. Inmate Testimony
Plaintiffs witness list is due on June 30, 2025. Doc. 376 Tf 2. If Plaintiff intends to present testimony from a witness who is confined in jail or prison. Plaintiff must promptly file a petition for writ of corpus ad testificandum to permit the Warden of the institution at which the witness is confined and the United States Marshal Service to arrange for the transport of the witness. Plaintiffs counsel must file as soon as is reasonably practical a petition for writ of corpus ad testificandum to secure Plaintiffs attendance throughout the duration of the trial.
III. Conclusion
Accordingly, it is ORDERED: That the parties must submit revised proposed jury instructions, as well as a
proposed special verdict form, that direct the jury to consider separately Christians' claims against each defendant on or before July 2,2025. Objections ^ According to Defendants' witness list. Defendants do not anticipate presenting testimony from any witness who is confined in jail or prison. Doc. 424. If that changes. Defendants must comply with this Order.
to the revised proposed jury instructions and proposed special verdict form must be filed on or before noon on Monday, July 7,2025.
2. That any party intending to present testimony fi:om a witness who is confined in jail or prison must promptly file a petition for writ of corpus ad testificandum to permit the Warden of the institution at which the witness is confined and the United States Marshal Service to arrange for the transport of the witness. That Plaintiffs counsel, as soon as is reasonably practical, must file a petition for writ of habeas corpus ad testificandum to secure Plaintiffs attendance throughout the duration of the trial. hi
DATED this "day of June, 2025.
BY THE COURT: A CfnidjA^ f Xl LEAWRENCE L. PIER PIERSOL United States District Judge