×
You have 1 more free article available this month. Subscribe today.
No Summary Judgment On Disciplinary Diet Claim
A federal court in New York held that prison officials were not entitled
to summary judgment on a prisoner's claim that he was repeatedly placed on
restricted disciplinary diets and subjected to painful handcuffing, in
violation of the Eighth Amendment.
Wilfredo Rodriguez was a prisoner at Southport, a maximum security New
York Security Housing Unit SHU) between April 1994 and July 1, 1998. He
incurred so much SHU time that it exceeded his prison sentence.
Having lost all privileges, Rodriguez had nothing left to take so prison
officials repeatedly placed him on restricted disciplinary diets pursuant
to 7NYCRR Section 254.7. Between June 26, 1995 and July 1, 1998, Rodriguez
received 244 days of restricted diets in seven day increments, all of which
were approved by Southport Health Services Director John Alves, M.D.
Rodriguez lost an average of 10 pounds each diet period. Normally 5' 5"
tall and 133 pounds, his lowest recorded weight while on the restricted
diets was 114 pounds.
Rodriguez was also subjected to repeated restraint orders which required
him to be handcuffed behind his back, palms facing outward, with his
handcuffs secured to a waist chain.
Rodriguez sued Dr. Alves, Superintendent Michael McGinnis and Deputy
Superintendent Richard Morse in relation to both the diets and restraint
orders. The parties then filed cross-motions for summary judgment.
The court rejected Defendants' non-exhaustion defense, finding that they
waived the defense; Rodriguez exhausted or was prevented by Defendants from
doing so.
The court then denied summary judgment to Alves on both claims and to
McGinnis on the diet claim. It granted summary judgment to McGinnis on the
restraint claim and to Morse on both claims. See: Rodriguez v. McGinnis,
2004 WL 1145911 (WD.NY 2004).
to summary judgment on a prisoner's claim that he was repeatedly placed on
restricted disciplinary diets and subjected to painful handcuffing, in
violation of the Eighth Amendment.
Wilfredo Rodriguez was a prisoner at Southport, a maximum security New
York Security Housing Unit SHU) between April 1994 and July 1, 1998. He
incurred so much SHU time that it exceeded his prison sentence.
Having lost all privileges, Rodriguez had nothing left to take so prison
officials repeatedly placed him on restricted disciplinary diets pursuant
to 7NYCRR Section 254.7. Between June 26, 1995 and July 1, 1998, Rodriguez
received 244 days of restricted diets in seven day increments, all of which
were approved by Southport Health Services Director John Alves, M.D.
Rodriguez lost an average of 10 pounds each diet period. Normally 5' 5"
tall and 133 pounds, his lowest recorded weight while on the restricted
diets was 114 pounds.
Rodriguez was also subjected to repeated restraint orders which required
him to be handcuffed behind his back, palms facing outward, with his
handcuffs secured to a waist chain.
Rodriguez sued Dr. Alves, Superintendent Michael McGinnis and Deputy
Superintendent Richard Morse in relation to both the diets and restraint
orders. The parties then filed cross-motions for summary judgment.
The court rejected Defendants' non-exhaustion defense, finding that they
waived the defense; Rodriguez exhausted or was prevented by Defendants from
doing so.
The court then denied summary judgment to Alves on both claims and to
McGinnis on the diet claim. It granted summary judgment to McGinnis on the
restraint claim and to Morse on both claims. See: Rodriguez v. McGinnis,
2004 WL 1145911 (WD.NY 2004).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Rodriguez v. McGinnis
| Year | 2004 |
|---|---|
| Cite | 2004 WL 1145911 (WD.NY 2004) |
| Level | District Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |