Former Democratic Party leader sues judge who sanctioned him

Fine of $250,000 excessive under U.S. Constitution, Bret Healy argues

If Judge Patrick Smith thought he could sanction Bret Healy into submission, he’s learned it’s not that easy.

Healy filed a lawsuit against the state judge in federal court just two days after Smith issued what might be the largest sanction in state history following years of lawsuits involving Healy, his brothers, mother and others over the fate of the family ranch, which has been in the family since 1887. Smith sanctioned Healy $240,000 on March 15 for continuing to file legal challenges which he has deemed frivolous.

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Meanwhile, Smith sanctioned Healy’s lawyer, Tucker Volesky, $10,000 for abetting the litigation. And he indicated that he would be reporting Volesky to the South Dakota State Bar Association for potential disciplinary review.

The 1,700-acre ranch in Brule County is set to be sold by Healy’s two brothers, Bryce and Barry. Bret opposes the sale. Since 2017, he has argued that he owns a majority of the stock in the ranch via a 1980s-era partnership agreement. But the courts have ruled against him, in part because his challenge was beyond the statute of limitations.

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