Jeffrey Lynn Viken
How Judge Viken rules, drawn from 27 signed orders. Every observation links to the order it came from.
Judge Viken no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Viken
Jeffrey Lynn Viken was a judge of the United States District Court for the District of South Dakota. Appointed by President Barack Obama, Judge Viken received a commission on September 30, 2009. Judge Viken assumed senior status on October 1, 2021 and retired on October 1, 2023.
How Judge Viken decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In United States v. Adkins, he granted compassionate release after finding the defendant's documented chronic health conditions elevated his COVID-19 risk and the sentencing factors supported a reduction to time served.
“ORDERED that defendant's motion for compassionate release (Docket 42) is granted.”
Procedural preferences
In United States v. Milk, Viken adopted the magistrate judge’s suppression recommendation after de novo review and denied the motion, finding the stop and searches lawful.
“IT IS FURTHER ORDERED that defendant's motion to suppress (Docket 45) is denied.”
Cautions
In United States v. Odle, Viken denied compassionate release after finding that the defendant’s marginally elevated BMI and absence of other risk factors did not show extraordinary and compelling circumstances. The sentencing factors also weighed against release.
“ORDERED that defendant's motion for compassionate release (Docket 218) is denied.”
In Higgins v. Upshaw Consulting Services, LLC, Viken granted summary judgment because the plaintiff produced no expert testimony on the standard of care for oil-rig inspections.
“ORDERED that Upshaw's motion for summary judgment (Docket 133) is granted.”
In United States v. Pourier, Viken entered default judgment after finding that the served defendant had failed to plead or otherwise defend.
“ORDERED, ADJUDGED, AND DECREED that plaintiff's motion for default judgment (Docket 8) is granted.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that defendants' motion for judgment on the pleadings (Docket 23), converted to a motion for summary judgment (Docket 30), is granted.”
“IT IS FURTHER ORDERED that defendants' motion for summary judgment (Docket 24) is denied as moot.”
“ORDERED that defendant Judge Jeff Davis' motion to dismiss (Docket 33) is denied.”
“IT IS FURTHER ORDERED that defendants Kim Malsam-Rysdon's and Luann Van Hunnik's motions to dismiss (Dockets 36 & 37) are denied.”
“IT IS FURTHER ORDERED that defendant Mark Vargo's motion to dismiss (Docket 39) is denied.”
“For these reasons, Mr. Whitecalf's motion to stay his state court sentence is denied. Accordingly, it is hereby ORDERED that the motion (Docket 4) is denied.”
“IT IS FURTHER ORDERED that defendant Bastian's motion to dismiss (Docket 8) is denied as moot.”
“IT IS FURTHER ORDERED that defendant Water Depart. IRR's motion for a more definite statement (Docket 11) is denied as moot.”
“IT IS FURTHER ORDERED that defendant Sheriff of Butte County's motion for a more definite statement (Docket 13) is denied as moot.”
“IT IS FURTHER ORDERED that defendant Seaman's motion to dismiss (Docket 17) is denied as moot.”
“IT IS FURTHER ORDERED that defendants' motions to dismiss (Dockets 4 and 7) are moot.”
“IT IS FURTHER ORDERED that plaintiffs' motion to appoint counsel (Docket 11), motion to stay (Docket 12), and motion to have the court take judicial notice (Docket 14) are moot.”
“ORDERED that the government's motion for summary judgment (Docket 15) is granted.”
“ORDERED that Upshaw's motion for summary judgment (Docket 133) is granted.”
“ORDERED that defendant Five Star's motion for summary judgment (Docket 93) is granted.”
“IT IS FURTHER ORDERED that defendant Five Star's motion to stay discovery (Docket 96) and defendant Continental's motion for joinder (Docket 98) are denied as moot.”
“IT IS FURTHER ORDERED that defendant Continental's motion for summary judgment (Docket 117) is granted.”
“ORDERED that plaintiff's motion for appointment of counsel (Docket 110) is denied without prejudice.”
“IT IS FURTHER ORDERED that defendant's motion (Docket 23) is denied with respect to the motion for dismissal and judgment is reserved with respect to the motion for summary judgment.”
“ORDERED, ADJUDGED, AND DECREED that plaintiff's motion for default judgment (Docket 8) is granted.”
Caseload & timing
From public federal docket records for this judge.
The sample is weighted toward Viken's 2020-2022 senior-status docket, which is heavy in criminal, magistrate, and screening matters and is not representative of his active-service civil docket. Prominent merits work, including the 2013-2014 Van Hunnik ICWA litigation, predates the sampled window, and civil cases from 2011 through 2019 are underrepresented.
Pending matters in the official report
Judge Viken was last listed in the Civil Justice Reform Act report as of March 31, 2023.
| Motions pending more than six months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 1 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2023 | 0 | 1 |
| Sep 2022 | 0 | 0 |
| Mar 2022 | 8 | 6 |
| Sep 2021 | 8 | 5 |
| Mar 2021 | 4 | 6 |
| Sep 2020 | 0 | 4 |
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.
A historical record
Judge Viken no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.