SIOUX FALLS (AP) -- A lawyer for the Department of Corrections has filed notice to move a wrongful death lawsuit brought by the family of a slain prison guard from state court to federal court.
The lawsuit alleges that negligence by corrections staff led to the death of Ronald R.J Johnson during a failed escape attempt by two inmates a year ago. The lawsuit was filed in Minnehaha County last week against Warden Doug Weber, state Corrections Secretary Denny Kaemingk and others.
But a lawyer for the Department of Corrections says the lawsuit should be held in federal court. James Woods filed notice to move the case there Wednesday.
The suit alleges that the defendants disregarded the risk that inmates Rodney Berget and Eric Robert posed to staff in the South Dakota State Penitentiary.