Opinion

Tracy v. Brown

Court
District Court, D. South Dakota
Filed
Dec 7, 2021
Cited by
0 cases
Authority
More cited than 29.6%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH DAKOTA

SOUTHERN DIVISION

EUGENE EDWARD TRACY, 4:21-CV-04060-KES

Plaintiff,

MEMORANDUM OPINION AND

vs. ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS THE

CYNTHIA BROWN, Case COMPLAINT

Manager/Coordinator; and JONI

STOCK, Nurse,

Respondent.

Plaintiff, Eugene Edward Tracy, filed this lawsuit pursuant to 42 U.S.C.

§ 1983, naming YCWC, Darin Fluke, Cynthia Brown, and Joni Stock as

defendants. Docket 1. The court screened the complaint under 28 U.S.C. §

1915A. Docket 7. The only claim that survived the screening was Tracy’s

Eighth Amendment conditions of confinement claim against Stock and Brown

in their official capacities for injunctive relief. Id. at 9. Stock and Brown now

move to dismiss that claim as moot. Docket 16.

Tracy’s request for injunctive relief involves the alleged “poor cleanliness

and management of YCWA.” Docket 1 at 3. Tracy informed the court on

November 1, 2021, that he completed his criminal sentence and moved to

Waubay, South Dakota. Docket 18. The Eighth Circuit Court of Appeals has

recognized that “an inmate’s claims for declaratory and injunctive relief to

improve prison conditions [are] moot when he [is] transferred to another facility

and [is] no longer subject to those conditions.” Smith v. Hundley, 190 F.3d 852,

855 (8th Cir. 1999). Because Tracy is no longer in the custody of the YCWC, he

is no longer subject to those conditions and his claim is moot. Therefore, it is

ORDERED that defendant’s motion to dismiss (Docket 16) without

prejudice is granted.

Dated December 7, 2021.

BY THE COURT:

/s/ Karen E. Schreier

KAREN E. SCHREIER

UNITED STATES DISTRICT JUDGE

2

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