finding that the negligent failure to provide a pork substitute or special diet when the inmate could maintain a nutritionally adequate diet by simply refraining from eating the pork product did not present a claim of constitutional magnitude
Summary of this case from Stacey v. JohnsonNos. 87-1743, 87-1744.
December 16, 1988.
Appeal from E.D.Va.
Decision Without Published Opinion.
AFFIRMED IN PART AND REMANDED IN PART
finding that the negligent failure to provide a pork substitute or special diet when the inmate could maintain a nutritionally adequate diet by simply refraining from eating the pork product did not present a claim of constitutional magnitude
Summary of this case from Stacey v. Johnsonrequiring an evidentiary hearing when the petitioner's claims cannot be resolved by the trial record, citing Machibroda, 368 U.S. at 494-95
Summary of this case from Digsby v. U.S.Full title:Dixie-Narco, Inc. v. Steeley
Court:United States Court of Appeals, Fourth Circuit
Date published: Dec 16, 1988
This court preliminarily notes that these requests for admission were filed well after the date set for…
Stacey v. JohnsonAccordingly, the defendants' failure to provide a special tray or pork substitute does not amount to a…