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Wernke v. State3/17/1999
e also Richard v. Lenz, 539 NW2d 80 (SD 1995).
[ ] Most recently in Wiest v. Montana, 1998 SD 63, 580 NW2d 613, we reversed a grant of summary judgment and held that tort claims based on sexual harassment are appropriate for resolution by the jury.
[ ] In Conclusion I respectfully disagree with the rationale of the Majority. There was admitted evidence by Claimant of misconduct that is in clear violation of SDCL 61-6-14.1 (1), (2) and (3) as found by the ALJ and affirmed by the circuit court. There was harm from Claimant's conduct in that it resulted in damage to Employer's interests in the nature of potential litigation and its public image as a reliable source of assistance to citizens in need. The conduct also created a chilling effect on those less fortunate citizens of this State who petition government for help to meet the basic needs of everyday survival, such as housing and expect it to come without such a dubious price-tag.
[ ] KONENKAMP, Justice, joins this Dissent.
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