Prude v. Clarke

Dist. Ct. erred in granting defendants-prison officials' motion for summary judgment in plaintiff-prisoner's section 1983 action alleging that defendants subjected him to cruel and unusual punishment when they served him over period of days "Nutriloaf" as his exclusive food diet where said food caused him to vomit, incur weight loss and incur painful anal fissure. Affidavit from individual indicating that Nutriloaf was nutritious substance for regular meals failed to contain any factual support for said opinion, and defendant otherwise failed to present any facts that would qualify said individual as expert. Moreover, plaintiff's contention that defendants were aware that Nutriloaf was sickening to defendant to extent as alleged in complaint and yet did nothing about it would be sufficient to establish 8th Amendment claim.