Inmate Awarded $105,000 in South Dakota Prison Nutrition Lawsuit

Federal Jury Finds Former Wardens Liable for Civil Rights Violations

SIOUX FALLS, S.D. — A federal jury has awarded a South Dakota prison inmate $105,000 in damages after finding that two former wardens failed to provide adequate nutrition and humane treatment during his incarceration, violating his constitutional rights.

The verdict came after a four-day trial earlier this month in Sioux Falls. Jurors concluded that Brent Fluke, former warden at Mike Durfee State Prison, and Darin Young, former warden at the South Dakota State Penitentiary, were deliberately indifferent to the health and well-being of inmate Mark Christians, now 45.

Years of Allegations

Christians first filed his civil rights lawsuit in 2020, claiming he lost 90 pounds between 2017 and 2018 while imprisoned in Springfield. He alleged the prison food made him sick and caused lasting health problems.

In 2022, he expanded his claims to include conditions in the Special Housing Unit at the Sioux Falls penitentiary, where he said he was subjected to cruel and unusual punishment during a 2021 disciplinary stay. Christians said he was kept in the unit longer than intended because he went on a hunger strike to protest meal quality and lost weight during the first 11 days.

The Eighth Amendment of the U.S. Constitution requires prisons to provide humane conditions, including meals that are adequate to maintain health. Jurors were asked to decide whether Christians' meals were nutritionally inadequate and whether Fluke and Young acted with deliberate indifference. They answered “yes” in both cases.

Damages and Responsibility

Fluke was ordered to pay $1 in nominal damages for the nutrition-related claims tied to his time at the Springfield facility. He was not ordered to pay punitive damages.

Young, in contrast, was ordered to pay $5,000 in nominal damages and an additional $100,000 in punitive damages — a sum intended as punishment for his role in Christians’ treatment in Sioux Falls.

It remains unclear whether either of the former wardens or the state of South Dakota will ultimately be responsible for paying the award.

Uncertainty Over Payment

The state’s Public Entity Pool for Liability may cover some legal expenses for current or former employees, but South Dakota law prohibits using the fund to pay punitive damages in civil cases. A separate fund, the Extraordinary Litigation Fund, is designed to cover attorney fees, outside counsel, and settlements not otherwise eligible under the liability pool.

Both funds are managed by the Bureau of Administration. Commissioner Darin Seeley has not responded to inquiries about whether those funds might be used in Christians’ case.

Lawyers from the office of Attorney General Marty Jackley represented the former wardens. A spokesperson said the Department of Corrections will decide whether to appeal or challenge the jury’s decision. The department declined to comment on the case, citing ongoing litigation.

Tyler Haigh of Sioux Falls, one of two lawyers appointed to represent Christians at trial, also declined to comment.

Christians represented himself through much of the case until receiving legal counsel earlier this year. Most of his original claims and several defendants were dismissed by U.S. District Judge Lawrence Piersol in earlier rulings.