· 4/15/1998
Talib v. Gilley
Citations
- 138 F.3d 211
- 1998 U.S. App. LEXIS 7457
- 1998 WL 145600
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that prisoner has no constitutional claim for inadequate nutrition when he was not served meals after refusing to put hands behind back, noting prisoner “carried the keys to the kitchen cupboard”
- concluding that “missing one out of every nine meals is hardly more than that missed by many working citizens over the same period” and therefore not “anything close” to a denial of a minimal measure of life's necessities
- noting that denial of one out of every nine meals is not a constitutional violation
- stating that an IFP complaint “lacks an arguable basis in law if it is based on an indisputably meritless legal theory”
- stating that whether the deprivation of food falls below acceptable threshold of “minimal civilized measure of life’s necessities” depends on the amount and duration of the deprivation
- finding that “a policy requiring prisoners on lockdown to kneel facing the wall with their hands behind their backs when served meals” did not constitute cruel and unusual punishment
Source: CourtListener parenthetical corpus (CC0).
Judges: Garwood, Jolly, Higginbotham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.