Myers v. Milbert.

U.S. District Court

NUTRITION

SEGREGATION

Myers v. Milbert, 281 F.Supp.2d 859 (N.D.W.Va. 2003). A state prisoner brought a pro se action against corrections officers, alleging that they violated his rights by inappropriately restraining him for 20 hours on a stretcher, and feeding him a "nutra-loaf" diet for three days. The district court granted summary judgment in favor of the officers, finding that the prisoner did not suffer from a serious medical condition as a result of being restrained, and that the disciplinary nutra-loaf diet did not violate the prisoner's Eighth Amendment rights. The court noted that the inmate had assaulted a corrections officer and kicked a door. After being placed on the restraint stretcher, called a "stokes basket," the inmate's handcuffs were loosened and he was given numerous bathroom breaks, medications, and food and liquids. Although the prisoner alleged adverse effects from eating the nutra-loaf--vomiting, frequent bowel movements and burning in the chest and throat--the officers were not advised by medical personnel to cease serving the prisoner the disciplinary diet. (Northern Regional Jail and Correctional Facility, West Virginia)