Area of Law:
42 USC 1983 — Deliberate Indifference
U.S. District Court for the Eastern District of Michigan
Fed. R. Civ. P. 12(b)(6) motion granted. Plaintiff failed to state a claim upon which relief could be granted.
This case involves a dispute concerning the adequacy of prison meals. A prisoner sued a correctional health care company, corrections defendants, and correctional food service vendors, alleging that the prison diet violates the U.S. Constitution and the Americans with Disabilities Act.
The prisoner claimed that the diet served was not adequate to sustain normal health due to processed foods replacing produce and smaller portions being provided. Plaintiff alleged that our client, the correctional health care company, was responsible for reviewing and approving the prison diet.
We contended that that was not part of the correctional health care company’s role per the contract nor per Department of Corrections policy. The contract attached to the pleadings contradicted Plaintiff’s allegations.
All counts against the correctional health care company were dismissed.
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