A federal judge is hearing arguments in a wrongful death lawsuit filed by the widow of a South Dakota State Penitentiary guard slain by inmates three years ago.
Lynette Johnson alleges that lackadaisical behavior by state prison officials enabled Rodney Berget and Eric Robert to kill her husband, Ronald Johnson, during a failed escape attempt in April 2011.
The state Department of Corrections has asked that the lawsuit be dismissed.
U.S. District Judge Lawrence Piersol scheduled a Wednesday hearing on the matter.
Both Berget and Robert were sentenced to death for the killing of Johnson. Robert was executed in October 2012. Berget remains on death row.
KELOLAND's Ben Dunsmoor is in court today and will have an update tonight on KELOLAND News.