SISNEY V. STATE
754 N.W.2d 639 (2008)
NATURE OF THE CASE: Sisney (P) sought review of a judgment, which dismissed his breach of
contract claim against State (D), State's director of prisons, and a food contractor.
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
'[e]ven 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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