PIERRE, SD -
The South Dakota Supreme Court has reinstated a lawsuit filed by a man who alleges a county prosecutor stole the affections of his wife.
Douglas Rumpca of Rapid City sued Pennington County State's Attorney Glenn Brenner, saying Brenner stole the affections of his former wife, Kellie Rumpca.
A trial judge last year dismissed the lawsuit, ruling that there was no affection left in the Rumpcas' marriage when Kellie Rumpca became involved with Brenner.
But the Supreme Court ruled unanimously Thursday that there is conflicting evidence on whether Kellie Rumpca still had affection for her husband at the time. The high court says a jury should decide that issue.
South Dakota is one of only a few states that allow so-called alienation of affection lawsuits.
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