Food.

18. Food

U.S. Appeals Court    Thompson v. Gibson, 289 F.3d 1218 (10th Cir.
                      2002). A state inmate brought a [section] 1983
  MEDICAL DIET        action against prison officials, seeking monetary
                      damages and injunctive relief for alleged Eighth
  PORTIONS            and Fourteenth Amendment violations. The district
                      court dismissed the action as frivolous. The
  COMMISSARY          appeals court dismissed the appeal, finding that
                      the inmate's claim that prison officials were
                      deliberately indifferent to his serious medical
                      need for adequate portions of food was not
                      actionable under the Eighth Amendment. The court
                      noted that the record established that the prison
                      was providing the inmate with a nutritionally
                      adequate diet and doctors disagreed as to whether
                      the inmate should receive double food portions.
                      The appeals court found no equal protection
                      violation, as alleged by the inmate, because
                      inmates with funds were able to supplement their
                      diet with purchases from the prison commissary,
                      while indigent inmates were not. (Oklahoma State
                      Penitentiary)