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March 22, 2008

Comments

This isn't legally frivolous. Prison loafs have been the subject of court actions in the past, with some limited success. IIRC, using the same kind of loaf for no reason at all times is unconstitutional.

It's sad that prisoners have to bring lawsuits to protect themselves from receiving additional punishments without due process, but, after reading the article, I don't think the case is any more frivolous than some of the other civil litigation I've seen. The issue seems to be whether or not giving certain prisoners certain food as a form of behavior modification is punishment. The prison seems to all but admit that it is when they say, basically, "It's not punishment, it's just something we do to them to make them change their behavior".

Wade, I think the real issue is how much "punishment" the prison can dole out without a formal process. They are NOT going to be able to maintain order if even the mildest responses to misbehavior require a hearing. To me, Nutraloaf would be inappropriate for sassing a guard, but quite appropriate for flinging feces with eating utensils.

I dont think a person (no mater how bad they are) should be denied decent, edible food. Seems like a decent lawsuit to me.

JJ
http://www.Privacy-Center.net

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