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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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