# Tracy v. Brown

> District Court, D. South Dakota · December 7, 2021

URL: https://www.frixlaw.com/law-library/cases/10432563

## Case

- **Court:** District Court, D. South Dakota
- **Decided:** December 7, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10432563

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10432563. Public record. Not legal advice.