Baird

Baird v. Alameida

Good Law
407 F. Supp. 2d 1134·2005 WL 3591988·2005 U.S. Dist. LEXIS 39487
United States District Court, Central District of CaliforniaNovember 17, 2005CV 02-06887 PA SGLCalifornia4,032 words

Opinion

Opinion

Anderson, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Introduction

Plaintiff Mark Steven Baird is an insulin-dependent diabetic in the custody of the California Department of Corrections and Rehabilitation (“CDC”). He is suing former CDC officials under 42 United States Code section 1983 , contending that they acted with deliberate indifference to his serious medical needs by implementing, approving, and/or failing to initiate steps to repeal a CDC policy that (1) requires all CDC institutions to provide a diet known as the “Heart Healthy” diet for standard meals and (2) prohibits CDC physicians from prescribing outpatient therapeutic diets.

This Court previously dismissed five of the original eight defendants and granted partial summary adjudication in favor of the remaining defendants on Baird’s claim for injunctive relief. Docket Nos. 35, 88. Currently before the Court is the remaining defendants’ motion for summary judgment. Docket No. 95. For the reasons stated below, the Court GRANTS defendants’ motion and will enter judgment in their favor.

Factual Background

Baird was diagnosed with juvenile diabetes when he was a child, and has been dependent on insulin ever since.…

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