Gordon

Gordon v. Barnett

Good Law
338 F. App'x 640
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 08-35313California387 words

Opinion

Lead Opinion

MEMORANDUM ***

Thomas Alen Gordon, a former pretrial detainee at the Clark County Jail, appeals pro se from the district court’s summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action alleging that his placement on the Nutraloaf diet violated his Eighth and Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment. Mitchell v. Dupnik, 75 F.3d 517, 522 (9th Cir.1996). *641 We affirm in part, vacate in part, and remand.

The district court properly granted summary judgment on Gordon’s claim that his placement on Nutraloaf violated the prohibition against cruel and unusual punishment. See LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir.1993) (stating that the Eighth Amendment requires only that prisoners receive food that is adequate to maintain health, not food that is tasty or aesthetically pleasing); Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir.1998) (holding that, because pretrial detainees’ Fourteenth Amendment rights are comparable to prisoners’ Eighth Amendment rights, the same standards apply).

However, Gordon also claimed that he was placed on Nutraloaf without a hearing and that defendants…

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