ILNews

Judge: Prisoner suit can proceed

Michael W. Hoskins
January 1, 2008
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A federal judge has decided a state prison inmate can proceed with his lawsuit against a Department of Correction official and food service provider, claiming that both denied him enough food to stay healthy and went against a medically prescribed diet restricting onions.

U.S. District Judge William Lee in South Bend ordered March 11 that Joshua Ketchem be allowed to proceed with his suit filed in January 2007. The case is Joshua Ketchum v. J. David Donahue, et al., No. 3:07-CV-316 WL.

A prisoner at Westville Control Unit incarcerated on several felony convictions including attempted murder, Ketchem alleges that food service provider Aramark Food Service and Superintendent William Wilson have purposely influenced his meal plans as a form of cruel punishment. He claims that purposely reduced food portions have led to unhealthy weight loss and weakened his immune system, and that both defendants have intentionally served him food containing onions, which he is allergic to and a prison physician has ordered not be included in his diet.

Judge Lee allowed that component of the suit to proceed, citing caselaw that the Eighth Amendment requires prison officials to ensure inmates receive adequate food, clothing, and shelter.

But the judge dismissed that claim against DOC Commissioner J. David Donahue, who it determined had no personal knowledge or influence on what was happening. In his order this week, the judge also dismissed various other claims involving restricted access to prison disciplinary processes, and access to courts and "legal mail."

In his 13-page handwritten complaint originally filed in Marion Superior Court, then transferred to both of Indiana's federal District Courts, Ketchem requests injunctive relief, asks for $15,000 in damages, and $25,000 in punitive damages against each defendant.
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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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