GENE ARNETT et al., Indiv. and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. DONALD J. SNYDER, JR., as Director of the Illinois Department of Corrections, Defendant-Appellee.
No. 4-00-0895
Fourth District
October 30, 2001
Argued August 15, 2001.
CONCLUSION
For the foregoing reasons, we affirm the judgment of the Kankakee County circuit court, but modify the judgment as set forth in this order.
Affirmed as modified.
LYTTON, P.J., and BRESLIN, J., concur.
Alan Mills (argued), of Uptown People‘s Law Center, of Chicago, for appellants.
James E. Ryan, Attorney General, of Chicago (Joel D. Bertocchi, Solicitor General, and Paul Racette (argued), Assistant Attorney General, of counsel), for appellee.
JUSTICE TURNER delivered the opinion of the court:
In October 1999, plaintiffs, Gene Arnett, Jermaine Carpenter (Carter), Terry Johnson, Jerrico Smalley, Michael Williams, and Steven R. Wuebbels, all inmates at Tamms Correctional Center (Tamms), filed a two-count complaint against defendant, Donald J. Snyder, Jr., the Director of the Illinois Department of Corrections (DOC), seeking to enjoin Tamms’ discipline policy known as “controlled-feeding status.” Plaintiffs’ complaint alleged the policy violated section 3-8-7 of the Unified Code of Corrections (Unified Code) (
On appeal, plaintiffs assert the trial court erred in granting summary judgment in favor of defendant. We affirm.
I. BACKGROUND
In June 1999, George Welborn, warden of Tamms, issued warden‘s
In October 1999, plaintiffs filed a two-count complaint seeking to enjoin Tamms’ use of the controlled-feeding status. Plaintiffs filed the complaint as a class action, but the trial court never certified the class. In December 1999, plaintiffs filed a motion for a preliminary injunction, attaching an affidavit of each named plaintiff. (The trial court never specifically addressed this motion.)
In their affidavits, plaintiffs complained they received no notice of the reason for being placed on controlled-feeding status and no hearing before being placed on the status. However, plaintiffs did receive the Bulletin prior to being placed on controlled-feeding status. Johnson noted his violation was expunged after the status ended. Plaintiffs were placed on controlled-feeding status for violations such as misuse of property, disobeying an order, assaulting an officer, damage to property, arguing with an officer, and throwing an apple.
Plaintiffs compared the meal loaf to dog food and all claimed they were unable to eat it. All of the plaintiffs complained of headaches, dizziness, stomach pains, and fatigue due to their failure to eat. Moreover, Smalley and Wuebbels complained they were unable to take medications while on controlled-feeding status because of their lack of eating.
In January 2000, defendant filed a motion for summary judgment and a supporting memorandum, asserting the policy did not violate state law, the eighth amendment, or due process. Defendant also raised sovereign immunity. Attached to the motion were the affidavits of Welborn and Bonnie Sullivan, a licensed dietician and Tamms’ dietary manager.
In his affidavit, Welborn explained the controlled-feeding status as set forth in the Bulletin. In her affidavit, Sullivan stated she developed the meal loaf recipe by modifying the recipes of dieticians of cor-
Sullivan further stated, between November 1998 and November 1999, four plaintiffs had gained weight, one refused to be weighed, and one lost three pounds. Sullivan also attached to her affidavit the recipe for meal loaf. Meal loaf consists of ground beef, spinach, carrots, vegetarian beans, applesauce, tomato paste, potato flakes, bread crumbs, dry milk powder, and garlic powder. See Appendix A. Vegan meal loaf has a similar recipe with ground beef and milk powder omitted and margarine added. See Appendix A.
In March 2000, plaintiffs filed a response to defendant‘s motion, attaching the same affidavits submitted with the motion for a preliminary injunction. In their response, plaintiffs assert each of them lost weight while on the controlled-feeding status. However, plaintiffs admit they were not weighed immediately before or after being placed on the controlled-feeding status. Plaintiffs also attached their medical records, which indicate they complained to medical personnel about the meal loaf.
Also, in March 2000, plaintiffs filed a motion for judgment on the pleadings pursuant to section 2-615(e) of the Code of Civil Procedure (
In September 2000, the trial court granted defendant‘s motion for summary judgment and denied plaintiffs’ motion for judgment on the pleadings. This appeal followed.
II. ANALYSIS
A. Preliminary Issues
In his appellee brief, defendant asserts the plaintiffs’ affidavits violate Supreme Court Rule 191(a) (
1. Affidavits
Defendant contends plaintiffs’ affidavits violate
2. Standard of Review
Defendant is correct that plaintiffs failed to state the applicable standard of review. However, our review is not hindered by plaintiffs’ error (see Moomaw v. Mentor H/S, Inc., 313 Ill. App. 3d 1031, 1035, 731 N.E.2d 816, 820 (2000)), and we will apply the following standard of review.
Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits demonstrate no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.
B. Section 3-8-7 of the Unified Code
Plaintiffs contend the controlled-feeding status violates section 3-8-7(b)(1) of the Unified Code. We disagree.
We apply the version of section 3-8-7 effective prior to Public Act 89-688 (Pub. Act 89-688, § 5, eff. June 1, 1997 (1996 Ill. Laws 3738, 3758-59)) because this court found Public Act 89-688 violated the single subject rule (see People v. Foster, 316 Ill. App. 3d 855, 860, 737 N.E.2d 1125, 1130 (2000)). Section 3-8-7 provides, in relevant part: “Corporal punishment and disciplinary restrictions on diet, medical or sanitary facilities, clothing, bedding, mail[,] or access to legal material are prohibited ***.”
Plaintiffs argue diet means the usual food and drink of a person, and thus section 3-8-7(b)(1) prohibits giving inmates different food from the rest of the prison population for discipline purposes. Defendant asserts the section prohibits DOC from denying inmates nutritionally adequate food for disciplinary reasons.
Initially, we note courts give substantial weight and deference to the interpretation placed on a statute by the agency charged with its administration and enforcement. Mattis v. State Universities Retire-
In construing a statute, the preeminent goal is to give effect to the language and intent of the legislature. To achieve the goal, we must give the words used in the statutory provision their plain and ordinary meaning. Further, we must assume the legislature did not intend an absurd result. In re E.B., 314 Ill. App. 3d 712, 717, 731 N.E.2d 1270, 1274 (2000).
Plaintiffs’ interpretation of the statute produces absurd results. Clearly, the legislature did not intend to prohibit prison officials from removing utensils from inmates who attempt to use the utensils as weapons or to throw feces with them as long as the inmates are provided nutritionally comparable food that does not require utensils. For example, it would also be an absurd result to prohibit officials from not serving peas to an inmate who has thrown them. Further, in instances of an inmate‘s misbehavior with food or food paraphernalia, it would be incongruous to prohibit officials from providing a less desirable meal as punishment at an institution such as Tamms where few options of punishment exist. Thus, we find defendant‘s interpretation of the statute is the appropriate one.
This conclusion is supported by section 3-7-2(d) of the Unified Code (
Plaintiffs assert the trial court ignored People v. Joseph, 105 Ill. App. 3d 568, 434 N.E.2d 453 (1982), the only case to find a diet was unauthorized under section 3-8-7(b)(1) of the Unified Code. However, Joseph is consistent with our interpretation of
Here, plaintiffs admit the meal loaf is nutritionally adequate but argue it is inedible. However, the inmates do not contend that any ingredients in the meal loaf (meat, vegetables, fruit, potatoes, grains, dairy products, and spices) are inedible. Moreover, plaintiffs have not contended the meal loaves are spoiled, moldy, or otherwise contaminated. Thus, plaintiffs presented no basis for their contention that to
Accordingly, we find the controlled-feeding status does not violate
C. Eighth Amendment
Plaintiffs next argue the controlled-feeding status violates the eighth amendment‘s prohibition against cruel and unusual punishment. A prison official violates the eighth amendment only when (1) the deprivation alleged is sufficiently serious under an objective standard; and (2) his act was with a sufficiently culpable state of mind under a subjective standard. Wilson v. Seiter, 501 U.S. 294, 298, 115 L. Ed. 2d 271, 279, 111 S. Ct. 2321, 2324 (1991).
The objective prong cannot be satisfied by merely showing a routine discomfort inherent in the prison setting. Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir. 2000). The deprivation must be so serious as to deny the minimal civilized measure of life‘s necessities. Rhodes v. Chapman, 452 U.S. 337, 347, 69 L. Ed. 2d 59, 69, 101 S. Ct. 2392, 2399 (1981). The eighth amendment requires only that prisoners receive food adequate to maintain health; it need not be tasty or aesthetically pleasing. LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir. 1993). Under the subjective prong, a prison official cannot be found liable unless he knows of and disregards an excessive risk to inmate health or safety. Farmer v. Brennan, 511 U.S. 825, 837, 128 L. Ed. 2d 811, 825, 114 S. Ct. 1970, 1979 (1994).
In support of their argument, plaintiffs rely on the Supreme Court‘s Hutto v. Finney, 437 U.S. 678, 57 L. Ed. 2d 522, 98 S. Ct. 2565 (1978), and the Eighth Circuit‘s Hazen v. Pasley, 768 F.2d 226 (8th Cir. 1985). However, we note in both cases the appellant did not challenge the district court‘s finding the inmate diet was unconstitutional, and thus neither reviewing court specifically addressed the issue.
In Hutto, 437 U.S. at 683, 57 L. Ed. 2d at 529, 98 S. Ct. at 2569, the diet at issue consisted of grue, a substance containing meat, potatoes, oleo, syrup, vegetables, eggs, and seasoning. Grue provided the prisoners with fewer than 1,000 calories, and practically all inmates were losing weight while on it. Hutto, 437 U.S. at 683-84, 57 L. Ed. 2d at 529-30, 98 S. Ct. at 2569-70. In finding the grue diet unconstitutional, the district court relied on an earlier opinion by the Eighth Circuit. Finney v. Hutto, 410 F. Supp. 251, 277 (E.D. Ark. 1976), aff‘d, 548 F.2d 740 (8th Cir. 1977), aff‘d, 437 U.S. 678, 57 L. Ed. 2d 522, 98 S. Ct. 2565 (1978).
The Eighth Circuit found the grue diet‘s administration indicative of the prison officials’ awareness of possible dietary insufficiencies and
In Hazen, the district court found a diet unconstitutional because the diet‘s caloric deficiency produced notable weight loss and mildly diminished the inmate‘s health. Hazen, 768 F.2d at 228 n.2. The facts do not indicate the nature of the diet.
Plaintiffs contend the meal loaf is more similar to the diets in Hutto and Hazen than to the nutraloaf diet in LeMaire, relied on by the trial court. Nutraloaf is made from blending a variety of foods from normal prison meals and baking them into a loaf. While not particularly appetizing, nutraloaf exceeded an inmate‘s daily requirements of calories, protein, and vitamins. Under prison regulations, the nutraloaf was given to inmates for a maximum of seven days and for only food-related offenses (the court did note inmates were frequently given nutraloaf for nonfood-related offenses). LeMaire, 12 F.3d at 1455.
The court found the nutraloaf diet did not satisfy either prong of the two-part test and thus did not violate the eighth amendment. LeMaire, 12 F.3d at 1456. As to the objective prong, the court held the temporary nutraloaf diet did not deny the minimal civilized measure of life‘s necessities, falling short of the threshold level of deprivation. In distinguishing Hutto‘s grue diet, the court noted the inmate gained weight and was adequately fed. Regarding the subjective prong, no evidence was presented indicating the officials imposing nutraloaf were either (1) deliberately indifferent to the inmate‘s health or welfare or (2) imposing the diet maliciously or sadistically for the purpose of causing harm. LeMaire, 12 F.3d at 1456.
Here, plaintiffs have conceded the meal loaf is nutritionally adequate. Thus, unlike the inmates in Hutto and Hazen, prison officials have not deprived plaintiffs of their daily nutritional requirements. The eighth amendment requires only that prisoners receive food that is adequate to maintain health; it need not be tasty or aesthetically pleasing. LeMaire, 12 F.3d at 1456; see also Breazil v. Bartlett, 998 F. Supp. 236, 242 (W.D.N.Y. 1997) (no violation of eighth amendment as long as the inmate receives nutritionally adequate food that does not present an imminent health risk). Moreover, plaintiffs all stated they refused to eat the meal loaf. Thus, any weight loss cannot be attrib-
Additionally, plaintiffs did not present any evidence to indicate the prison officials were deliberately indifferent to plaintiffs’ health or welfare or that they were maliciously and sadistically imposing the meal loaf as a sanction with the intent to cause harm as required to fulfill the subjective prong. See LeMaire, 12 F.3d at 1456; Breazil, 998 F. Supp. at 242. However, we emphasize, under the Bulletin, meal loaf diet is to be imposed only for food-related offenses.
Accordingly, the meal loaf diet does not violate the eighth amendment protection against cruel and unusual punishment.
D. Due Process
Last, plaintiffs argue the failure to hold a hearing before placing an inmate on controlled-feeding status violates the due process clause of the fourteenth amendment.
Under certain circumstances, a state may create a liberty interest protected by the due process clause. Sandin v. Conner, 515 U.S. 472, 483-84, 132 L. Ed. 2d 418, 428-29, 115 S. Ct. 2293, 2299-3000 (1995). However, in the case of prisoners, those interests will generally be limited to freedom from restraint, which imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life. Sandin, 515 U.S. at 484, 132 L. Ed. 2d at 430, 115 S. Ct. at 2300. In dealing with a prison‘s hostile environment, state officials need flexibility in fine-tuning the ordinary incidents of prison life. Sandin, 515 U.S. at 483, 132 L. Ed. 2d at 429, 115 S. Ct. at 2299.
Under the Sandin analysis, plaintiffs do not have a protected liberty interest in not being placed on the meal loaf diet. Losing the ability to choose one‘s meal is a consequence of imprisonment, and thus the Bulletin does not impose an atypical and significant hardship in relation to the ordinary incidents of prison life. Accordingly, prison officials did not have to provide due process before placing the inmates on the meal loaf diet.
Our conclusion is supported by the Supreme Court‘s abandonment of the liberty-interest methodology established in Hewitt v. Helms, 459 U.S. 460, 74 L. Ed. 2d 675, 103 S. Ct. 864 (1983). Sandin, 515 U.S. at 482-83, 132 L. Ed. 2d at 428-29, 115 S. Ct. at 2299-300. The Hewitt approach had led courts to inject themselves deeply in the day-to-day management of prisons and to second-guess essentially prison mana-
III. CONCLUSION
Accordingly, we affirm the trial court‘s grant of summary judgment.
Affirmed.
McCULLOUGH, J., concurs.
JUSTICE MYERSCOUGH, specially concurring in part and dissenting in part:
I respectfully concur in part and dissent in part. I agree that defendant forfeited any objection to appellant‘s affidavits. I disagree with the majority‘s finding that the controlled-feeding status utilizing meal loaf as punishment does not violate section 3-8-7(b)(1) of the Unified Code.
Inmates are placed in prison as a punishment. Inmates have no choice over what they are fed. Moreover, controlled-feeding status appears to be a legitimate method of behavior modification. However, the legislature has unequivocally prohibited disciplinary restrictions on diet.
“Corporal punishment and disciplinary restrictions on diet, medical or sanitary facilities, clothing, bedding, mail[,] or access to legal materials are prohibited ***.”
730 ILCS 5/3-8-7(b)(1) (West 1996) (effective until June 1, 1997).
If DOC wishes to use meal loaf as a form of punishment, DOC must seek a change in the statutory language.
This statute has been amended since it was promulgated. Prior to February 1, 1978, the statute provided for some limited disciplinary restrictions on certain necessities and privileges, but not diet.
“Corporal punishment and disciplinary restrictions on diet are prohibited. Disciplinary restrictions on clothing, bedding, mail, visitations, the use of toilets, washbowls, showers[,] and the prison‘s library of legal materials shall be imposed only for abuse of such privileges or facilities.”
Ill. Rev. Stat. 1977, ch. 38, par. 1003-8-7(b) .
The majority contends that the statute merely prohibits DOC from denying inmates nutritionally adequate food for disciplinary reasons. I disagree. The statute prohibits disciplinary restrictions on diet. “Diet” is defined as “[a] regimen, esp. of food.” Black‘s Law Dictionary 467 (7th ed. 1999). “Dietary” is defined as “the kinds and amounts of food available to or eaten by an individual,” and as “of or relating to a diet or the rules of a diet.” Merriam-Webster‘s Collegiate Dictionary 322 (10th ed. 1998). “Restriction” is defined as “[a] limitation or qualification” (Black‘s Law Dictionary 1316 (7th ed. 1999)) and as “something that restricts: as *** a regulation that restricts or restrains” (Merriam-Webster‘s Collegiate Dictionary 999 (10th ed. 1998)). These servings of the meal loaf may very well exceed the minimal nutritional and caloric requirements; however, if the meal loaf is inedible, then the inmates’ diets have been limited, which amounts to a restriction on their diets. In addition, if the meal loaf is inedible, then the inmates are not receiving the daily nutritional requirements.
In this case, the trial court granted summary judgment in favor of DOC. However, genuine issues of material fact remain to be resolved on several issues. Plaintiffs filed affidavits in which they state that the
No. 4-00-0895 Appendix A
The record contains the following recipes:
Single Meal Loaf Recipe
This recipe must be followed without substitution or variation in procedure. Any such change could effect the nutrient content.
| 2 oz | Ground Beef |
| Brown off in kettle and drain thoroughly | |
| 4 oz | Canned, Chopped Spinach |
| 4 oz | Canned Carrots, Diced |
| 4 oz | Vegetarian Beans |
| Open and drain all vegetables well | |
| 4 oz | Applesauce |
| 1 oz | Tomato Paste |
| 1/2 cup | Potato Flakes |
| 1 cup | Bread Crumbs |
| 2 oz | Dry Milk Powder |
| 1 tsp | Garlic Powder or Flakes |
Combine beef and vegetables. Gradually blend in remaining ingredients until well combined. Mixture should be stiff but moist enough to spread. Each loaf should weigh 1 1/2 pounds precooked weight and be scaled to insure proper weight. Place mixture into a loaf pan that has been sprayed with pan release and lined with filter paper. Each loaf should bake at 300 degrees Fahrenheit in convection/steam oven for approximately 40 minutes or until the loaf reaches 155 degrees internal temperature.
| 4 oz | Canned, Chopped Spinach |
| 4 oz | Canned Carrots, Diced |
| 8 oz | Vegetarian Beans |
| Open and drain all vegetables well | |
| 4 oz | Applesauce |
| 1 oz | Tomato Paste |
| 1/2 cup | Potato Flakes |
| 1 cup | Bread Crumbs |
| 1 T | Margarine |
| 1 tsp | Garlic Powder or Flakes |
Combine drained vegetables. Gradually and gently blend in remaining ingredients until well combined but do not over beat. Mixture should be stiff but moist enough to spread. Each loaf should weigh 1 1/2 pounds precooked weight and be scaled to insure proper weight. Place mixture into a loaf pan that has been sprayed with pan release and lined with filter paper. Each loaf should bake at 300 degrees Fahrenheit in convection/steam oven for approximately 40 minutes or until the loaf reaches 155 degrees internal temperature.