Tuesday, June 24, 2008

Doing Time Means Eating This

I don't have much sympathy for state prison inmates, but this article from Slate explores the issue of whether a prisoner has a constitutional right to be served appetizing food?

Slate's Arin Greenwood writes:

... there's one dish in particular that so offends the palates of America's prisoners that it's repeatedly been the subject of lawsuits: Nutraloaf.

Nutraloaf (sometimes called Nutri-loaf, sometimes just "the loaf") is served in state prisons around the country. It's not part of the regular menu but is prescribed for inmates who have misbehaved in various ways — usually by proving untrustworthy with their utensils. The loaf provides a full day's nutrients, and it's finger food — no fork necessary.

Prisoners sue over Nutraloaf with some regularity, usually arguing either that their due process rights have been violated (because they are served the punitive loaves without a hearing) or that the dish is so disgusting as to make it cruel and unusual and thus a violation of the Eighth Amendment.

Typical of these suits is the 1992 case LeMaire v. Maass. Samuel LeMaire slit a man's throat before going to state prison and attacked his prison guards and fellow prisoners with sharpened poles, feces, and a homemade knife once inside. LeMaire was then put in a Nutraloaf-serving disciplinary unit. Among other complaints about the accommodations there, LeMaire argued that Nutraloaf was cruel and unusual and thus violated his 8th Amendment rights.

A lower court agreed with LeMaire and ordered the prison to serve him something more delicious. The 9th Circuit, however, overturned the lower court's decision, holding that while Nutraloaf may be unappetizing, "The Eighth Amendment requires only that prisoners receive food that is adequate to maintain health; it need not be tasty or aesthetically pleasing."
The rest of the article can be accessed here.

I can think of a few co-workers who deserve to be placed in "a Nutraloaf-serving disciplinary unit."

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