Cold food no violation

December 26, 2013

  • 310 Prisons
  • 310III Pretrial Detention
  • 310k351 Care, Custody, Confinement, and Control
  • 310k353 k. Particular Violations, Punishments, Deprivations, and Conditions.

310 Prisons Food service provider’s serving pre-trial detainee cold meals for 45-day period while kitchen in county detention facility was being renovated was not “punishment,” as would support inmate’s § 1983 Fourteenth Amendment conditions of confinement claim against provider, absent evidence that food served to detainee was spoiled or contaminated, that significant portion of detainee’s diet consisted of such food, or that food service caused more than temporary discomfort.

Duran v. Merline, 923 F.Supp.2d 702 (D.N.J., 2013)