Court Rejects Del. Inmate's Appeal in Lawsuit Involving Prison L - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Court Rejects Del. Inmate's Appeal in Lawsuit Involving Prison Loaf

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In this Oct. 26, 2016 photo, a partially eaten chunk of nutraloaf sits in front of inmate Kevin Dickens during an interview with The Associated Press at James T. Vaughn Correctional Center near Smyrna, Del. (Photo: AP) In this Oct. 26, 2016 photo, a partially eaten chunk of nutraloaf sits in front of inmate Kevin Dickens during an interview with The Associated Press at James T. Vaughn Correctional Center near Smyrna, Del. (Photo: AP)
In this Oct. 26, 2016, photo, a partially eaten nutraloaf sits on a napkin in a visitation room during an Associated Press interview with inmate Kevin Dickens at James T. Vaughn Correctional Center in Smyrna. (Photo: Patrick Semansky/AP) In this Oct. 26, 2016, photo, a partially eaten nutraloaf sits on a napkin in a visitation room during an Associated Press interview with inmate Kevin Dickens at James T. Vaughn Correctional Center in Smyrna. (Photo: Patrick Semansky/AP)

DOVER, Del. (AP/WBOC)- A federal appeals court has rejected a Delaware inmate's challenge to the dismissal of a lawsuit over his treatment in prison, including repeatedly being fed an unpalatable food loaf given to unruly inmates.
    
Kevin Dickens, who is locked up in the James T. Vaughn Correctional Center in Smyrna, filed the lawsuit in 2010, alleging among other things that he was "constructively starved" when placed on a "nutraloaf" diet for five consecutive weeks in 2009. Dickens said he lost about 60 pounds and suffered from frequent blackouts and low blood pressure.

Dickens, who was sentenced to four years behind bars in 2002 for assault, has been convicted 18 times since then for assault in a detention facility, often involving flinging bodily waste. Without those additional 18 charges, he would have been released in 2006 but is now looking at a release date of 2051.

Lawyers for the state filed a motion to dismiss Dickens' case last July for failure to prosecute, noting that Dickens had not filed any court papers since May 2015.
    
A judge granted the state's request in March. The appeals court upheld that ruling Wednesday, saying the judge did not abuse his discretion.

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