Sisney v. State

754 N.W.2d 639 (2008)

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Nature of the Case

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Facts

P, an inmate, filed a pro se complaint against Ds alleging they breached a state contract under which they agreed to provide food services to DOC facilities. P pleaded that he is Jewish and follows a kosher diet as a part of his religion. In 2002, D entered into a contract with CBM to provide food services at DOC facilities, including prisons. Under the contract, the services were to be provided 'to the State' in a manner that would meet the needs and concerns of the facilities' residents, inmates and staff. The contract provided that 'the proposed menu . . . was to have an average caloric base of 2700 to 2500 calories per day.' The contract further provided that 'food substitutions were to be available to accommodate food avoidances due to religious beliefs/practices/observances.' CBM began serving different food at DOC facilities in which prisoners had requested a kosher diet. P filed an administrative grievance through the DOC, claiming that the new kosher diet averaged 400 to 500 fewer calories than the minimum required under D's contract with CBM. He also alleged that the food did not meet the dictates of his religious beliefs. The administrative claim was rejected. P sued Ds claiming standing to sue for breach of contract 'because the contract directly affect[ed] him and his well-being.' Ds moved to dismiss for failure to state a claim upon which relief could be granted. The court concluded that 'even assuming as true all of Sisney's factual allegations contained in the complaint, it cannot be said that he has standing to assert a breach of contract claim for a contract which he was not a party, and was not a third-party beneficiary.' P appealed.