164313P.pdf   03/30/2018  Charles Sisney  v.  Denny Kaemingk
   U.S. Court of Appeals Case No:  16-4313
                          and No:  16-4480
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Gruender, Author, with Benton, Circuit Judge, and Tunheim, 
   District Judge] 
   Prisoner case - Prisoner Civil Rights. In facial and as-applied 
   overbreadth challenge to provisions of the State of South Dakota's 
   prison-pornography policy, the court would first examine whether the 
   policy was unconstitutional as applied to Sisney's in order to avoid the 
   need to reach the claims of facial unconstitutionality; such an approach 
   reflects the proper deference owed corrections officials and would permit 
   the fashioning of more limited relief; the court cannot adopt the district 
   court's as-applied analysis because it was error for the district court to 
   resurrect and apply the prison's 2000 policy after it found the 2014 
   policy was facially unconstitutional; once the court facially invalidated 
   the 2014 policy, there was nothing left to apply, given that South Dakota 
   Department of Corrections policies supercede rather than amend previous 
   provisions in their entirety; in light of this error, the best policy is 
   to vacate the district court's order and allow the district court to 
   reevaluate Sisney's as-applied claims based on the 2014 policy; only after 
   the district court makes this determination, will the district court be 
   able to decide whether and to what extent it is appropriate to consider 
   Sisney's facial challenges to the policy.