Apparently, this is the junk they are giving to inmates that aren't behaving. It tastes really gross.
From Judge Posner's opinion:
On the second and third stays, which lasted a week and
10 days respectively, the jail fed him only “nutriloaf,”
pursuant to a new policy the jail had adopted of
making nutriloaf the exclusive diet of prisoners who
had been in segregation in prison at the time of their
transfer to the jail, even if their behavior in the jail was
exemplary. Nutriloaf (also spelled “nutraloaf”) is a badtasting
food given to prisoners as a form of punishment
(it is colloquially known as “prison loaf” or “disciplinary
loaf”).
On his third stay, after two days on the nutriloaf diet,
the plaintiff began vomiting his meals and experiencing
stomach pains and constipation. (He had vomited
during the second stay as well.) He stopped eating
nutriloaf and subsisted for the eight remaining days of
his stay on bread and water (it’s unclear how he obtained
the bread). He had weighed 168 pounds before his
second and third stays at the jail, had lost either 5 or 6
pounds during the second stay, had not regained them,
and by the end of the third stay was down to 154 pounds:
he had lost 8.3 percent of his weight as a result of the
two stays (and he had not been overweight at 168).
The prisoner sued and the district court granted summary judgment. Judge Posner wasn't happy:
The defendants’ response to his suit has been contumacious,
and we are surprised that the district judge did not
impose sanctions. The defendants ignored the plaintiff’s
discovery demands, ignored the judge’s order that
they comply with those demands, and continued their
defiance even after the judge threatened to impose sanctions.
But the judge failed to carry through on his
threat, so the threat proved empty.
The only evidence the defendants submitted in
support of their motion for summary judgment was a
preposterous affidavit from a sheriff’s officer who is
also an assistant chief of a suburban Wisconsin fire department.
The affidavit states only, so far as bears on
the appeal, that “Nutraloaf has been determined to be a
nutritious substance for regular meals.” The defendants
made no effort to qualify him as an expert witness. As
a lay witness, he was not authorized to offer hearsay
evidence (“has been determined to be . . . nutritious”).
No evidence was presented concerning the recipe for
or ingredients of the nutriloaf that was served at the
county jail during the plaintiff’s sojourns there. “Nutriloaf”
isn’t a proprietary food like Hostess Twinkies but,
like “meatloaf” or “beef stew,” a term for a composite
food the recipe of which can vary from institution to
institution, or even from day to day within an institution;
nutriloaf could meet requirements for calories
and protein one day yet be poisonous the next if,
for example, made from leftovers that had spoiled.
The recipe was among the items of information that the
plaintiff sought in discovery and that the defendants
refused to produce.
Even an affidavit from an expert stating after a
detailed chemical analysis that “nutriloaf meets all
dietary requirements” would be worthless unless the
expert knew and stated that nutriloaf invariably was
made the same way in the institution. The assistant fire
chief’s affidavit says no such thing—and he was not an
expert.
In addition to stonewalling the plaintiff and the
district judge, the defendants failed to file a brief in this
court and failed to respond to our order to show cause
why they hadn’t filed a brief. They seem to think that
the federal courts have no jurisdiction over a county jail.
You can tell by now where this is going. Order of summary judgment reversed... One last note from Judge Posner:
We order the defendants to show cause
within 14 days of the date of this order why they
should not be sanctioned for contumacious conduct in
this court. If they ignore this order to show cause like
the last one, they will find themselves in deep trouble.
I think the sanctions should be that they eat Nutriloaf for a week.
Is that picture pre-ingestion or post-defecation?
ReplyDeleteI must say, the more opinions I read from Judge Posner, the more I hope that he will one day sit on the SCOTUS bench.
ReplyDelete