On October 1, 1990, an individual inmate at the Graterford State Correctional Institute in Pennsylvania filed a pro se complaint against the warden of the prison and all prison correctional officials, under 42 U.S.C. § 1983, in the District Court for the Eastern District of Pennsylvania, asking for declaratory and injunctive relief. The complaint alleged that the prison officials had violated Plaintiff's rights by failing to provide special diets for diabetic inmates, and by denying him and other prisoners access to insulin. On January 28, 1991, this action was joined with the same inmate's action against two stewards and the Culinary Food Manager at the prison, the complaint for that action having been filed on December 14, 1990 in the District Court of the Eastern District of Pennsylvania.

On November 21, 1990, the District Court (Judge John P. Fullam) issued a preliminary injunction directing the prison to establish a system for diabetic inmates to receive special diets and to assure them access to insulin. On September 9, 1991, Judge Fullam issued an order making the injunctive relief permanent, and closing the cases.

On November 22, 1991 Judge Fullam denied Defendants' motion to alter or amend the judgment, stating that the fact that the injunction benefits persons other than the parties to the lawsuit does not give grounds for ateration or amendment.

Caitlin Howitt - 12/02/2011


compress summary