Charles Bruno Kornmann

How Judge Kornmann rules, drawn from 28 signed orders. Every observation links to the order it came from.

Court
United States District Court for the District of South Dakota
Position
District judge
Status
Senior status
Appointed by
Bill Clinton (Democratic)
Commissioned
March 24, 1995
Education
College of St. Thomas (B.A., 1959); Georgetown University Law Center (LL.B., 1962)
Signed orders read
28

About Judge Kornmann

Charles B. Kornmann is a judge of the United States District Court for the District of South Dakota. Appointed by President William J. Clinton, Judge Kornmann received a commission on March 24, 1995. Judge Kornmann assumed senior status on July 31, 2008.

Judge Kornmann's practices and standing orders

Rules for cases before Judge Kornmann, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Contacting chambers

Obtain advance authorization before sending a fax to Judge Kornmann’s chambers.

“Do not send facsimile transmissions to my chambers without advance authorization.”

Filing

When asking for a written order, submit the proposed order and provide a copy to all parties.

“If you are asking for a written court order, you must submit a copy of the Order you want, in proper form, with a copy, of course, to all other parties.”

Filing

For filings longer than 50 pages, provide a separate copy to chambers in Aberdeen.

“If filing documents of more than 50 pages, you must provide a separate copy to my chambers in Aberdeen”

Motions

For motion exhibits, submit only relevant deposition pages or document portions and highlight the relevant material.

“Submit only pages and portions of documents that are relevant with the relevant material highlighted.”

Discovery

Get Judge Kornmann’s approval before filing a written civil discovery motion.

“please do not file written discoverv motions without my prior approval.”

Discovery

If informal resolution of a discovery dispute fails, both counsel should mail Judge Kornmann a letter describing the dispute and their efforts.

“both counsel should mail a letter to me, explaining the dispute and your efforts to solve it informally.”

Trial

At least three business days before trial, notify Judge Kornmann and opposing counsel in writing of expected spectators.

“At least three business days before trial, please consult with your clients and advise me and opposing counsel in writing of the names of family members, friends and others who may come to the trial as full or part-time spectators.”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Kornmann decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Evens v. Gusinsky, Kornmann dismissed a federal civil-rights challenge to state divorce and custody proceedings. He held that the federal court could not review final state judgments and abstained from interfering with ongoing custody proceedings.

“Lower federal courts do not sit as courts of appeal for state supreme courts deciding state law. ... This court is not a backdoor around State litigation.”

In a Section 1983 wrongful-arrest case he applies the 'arguable probable cause' qualified-immunity standard: officers prevail if a reasonable officer could have believed probable cause existed, even mistakenly. Disruptive conduct during another arrest gives at least arguable probable cause for an obstruction charge.

“Even if this conduct is not specifically contemplated by the law, the Officers certainly had arguable probable cause to believe that it was prohibited.”

In Jones v. Haglin, he denied a dismissal motion based on trade-secrets preemption because the alleged website and customer-contact conduct could have occurred without misappropriating a trade secret.

“These acts and the corresponding claims could have occurred whether or not the information at issue-trade secret or otherwise-was misappropriated. Thus, this court cannot find on the record before it that it appears beyond a doubt that plaintiff can prove no set of facts in support of their claims.”

Procedural preferences

In Foxhoven v. Stacy, he construed the pro se complaint liberally but declined to treat later filings as new claims and held the plaintiff to the applicable procedural rules.

“Although pro se pleadings are to be construed liberally, pro se litigants are not excused from failing to comply with substantive and procedural law.”

In Foxhoven v. Stacy, he considered video of the arrest described in the complaint on a Rule 12(b)(6) motion without converting it to summary judgment, while declining to rely on outside affidavits.

“The Court will consider the video evidence of the incident described in the complaint without converting the motion to dismiss into a motion for summary judgment.”

Cautions

In Doe v. Aberdeen School District, Kornmann partly granted summary judgment, dismissing the constitutional and state statutory claims while leaving disputed ADA, Rehabilitation Act, and individual negligence claims for trial.

“This lawsuit has caused the destruction of a small forest. Hopefully, we can end this and proceed to trial.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Doe v. Aberdeen School District
1:18-cv-01025-CBK · 2021-09-20
Summary judgment (defendant) Granted in part

“Defendants' motions for summary judgment against plaintiffs E.E. and Julie Doe, docs. 87 & 92, are granted in part and denied in part.”

Evens v. Gusinsky
5:22-cv-05054-CBK · 2022-07-28
Motions to dismiss (defendant) Granted

“IT IS HEREBY ORDERED that defendant Robert Gusinsky's Motions to Dismiss, Doc. 8, is granted.”

Foxhoven v. Stacy
5:22-cv-05071-CBK · 2023-03-05
Motions to dismiss (defendant) Granted

“Defendant's motion to dismiss for failure to state a claim(Doc. 6)is granted.”

Motions to compel (plaintiff) Denied

“Mr. Foxhoven's motions to compel(Does. 11 & 19) are denied.”

Jones d/b/a Dakota River Ranch v. Haglin
1:11-cv-01012-CBK · 2012-01-17
Motions to dismiss (defendant) Denied

“That defendants' motion, Doc. 8, to dismiss counts two and five of the complaint is denied;”

Motion for voluntary dismissal (plaintiff) Granted

“That plaintiff's motion, Doc. 22, to dismiss count four of the complaint is granted.”

Elk v. United States of America
1:09-cv-01008-CBK · 2009-09-30
Motions to dismiss (defendant) Denied

“The United States' motion, Doc. 6, to dismiss Krissy Bagola's federal tort claim for failure to exhaust administrative remedies is denied. That claim is held in abeyance pending exhaustion.”

Motions to dismiss (defendant) Granted

“The United States' motion, Doc. 6, to dismiss the Indian Civil Rights Act claim is granted.”

Motions to dismiss (defendant) Denied

“The United States' motion, Doc. 6, to dismiss the Bivens claim is denied. The Bivens claim is asserted only against the individual defendant.”

Jonathan Doe v. Todd County School District
3:07-cv-03029-CBK · 2008-11-24
Summary judgment (plaintiff) Granted

“Plaintiffs' motion for summary judgment as to liability, Doc. 34, is granted.”

Summary judgment (defendant) Denied

“Defendants' motion for summary judgment, Doc. 48, is denied.”

Motion for reconsideration (defendant) Denied

“Defendants' motion for reconsideration, Doc 68, is denied.”

Jon Q. Wright d/b/a JQ Licensing, Inc. v. Dennis Foster d/b/a Eye Time Promotions
1:13-cv-01014-CBK · 2013-11-22
Motion for reconsideration (plaintiff) Denied

“IT IS ORDERED that plaintiff's motion, Doc. 14, for reconsideration is denied.”

United States v. Red Thunder, DuMarce, White, and Red Owl
1:13-cr-10015-CBK · 2013-09-30
Motions to dismiss (defendant) Denied

“The report and recommendation, Doc. 61 is adopted. ... The motions, Docs. 48, 49, 52, and 55, to dismiss the indictment are denied.”

Johnson and Herrington v. Shchepler, Even, and Russell
5:22-cv-05044-CBK · 2022-06-13
Motions to dismiss (defendant) Granted

“The complaint is dismissed for failure to state a claim upon which relief could be granted.”

Waters v. United States of America
5:21-cv-05067-CBK · 2022-05-16
Motion to vacate sentence 2255 (plaintiff) Denied

“IT IS HEREBY ORDERED that petitioner Lester Waters, Jr.'s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence, doc. I, is denied.”

Sampson and Bernard v. United States Department of Interior, Bureau of Indian Affairs, LaPointe, and Renville
1:20-cv-01016-CBK · 2020-12-07
Motion for declaratory judgment (plaintiff) Granted

“I declare that the settlement agreement entered into June 23, 2011, in l:08-cv-01019-CBK, is valid and enforceable against Grady Renville.”

Motion for contempt sanctions (plaintiff) Granted

“Defendant Grady Renville is held in contempt of court. He shall pay to plaintiffs, as a sanction, plaintiffs' attorneys fees and expenses in the amount of $16,958.61.”

United States v. Vincent Michael Perez
1:14-cr-10021-CBK · 2014-10-27
Motion to suppress (defendant) Granted

“The Report and Recommendation, Doc. 24, is adopted. The government's objections, Doc. 29, are overruled. The defendant's motion, Doc. 17, to suppress statements is granted.”

Caseload & timing

From public federal docket records for this judge.

Caseload sample skews heavily to recent (2026) filings and reflects current intake as an active senior judge, not a career-long mix. Most enumerated cases remain pending (no termination date).

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202500
Mar 202500
Sep 202400
Mar 202400
Sep 202331
Mar 202301
Sep 202201
Mar 202201
Sep 202100
Mar 202100
Sep 202000

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the District of South Dakota, not for Judge Kornmann: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed23610.2 months
Closed with no court action7611 months
Closed before pretrial1518.7 months
Closed during or after pretrial1not reported
Closed during trial8not reported
12 months endingCases closedMedian time
Sep 202523610.2 months
Sep 202424811.5 months
Sep 20232229.8 months
Sep 202222012.1 months
Sep 202119713.8 months
Sep 202021611.1 months
Sep 201923310.8 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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