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Prisoners have no right to hot meals, appeal court says
San Francisco Chronicle ^ | 11/25/8 | Bob Egelko

Posted on 11/25/2008 8:49:00 PM PST by SmithL

San Francisco -- State prison rules say inmates are entitled to two hot meals a day - but it's up to prison officials to decide how hot is hot enough, a state appeals court ruled Tuesday.

Observing that prisoners have no right to be served food at "the most aesthetically pleasing temperature," the First District Court of Appeal in San Francisco overturned a judge's ruling that would have required Pelican Bay State Prison in Del Norte County to turn up the heat on meals to inmates in the security housing unit.

About 1,100 inmates are held in security housing because of their crimes, prison conduct or gang affiliations. Two of them filed suit over the food service, saying their breakfast and dinner were usually lukewarm at best, despite a Corrections Department regulation saying all prisoners are entitled to three meals a day, "two of which shall be served hot."

The inmates aren't allowed in the prison cafeteria but get their meals in trays through a port in their cell doors. By that time, said J. Frank McCabe, a lawyer for the inmates, "the evidence was uncontradicted that (the food) was not hot."

Prison officials replied that their only obligation was to serve meals that were cooked and "not cold." But Superior Court Judge Philip Schafer said the regulation required "a temperature acceptable to most consumers" and told officials to come up with procedures to make sure food was reasonably hot when it reached the inmates.

That's beyond a judge's authority, the appeals court said Tuesday.

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Government; US: California
KEYWORDS: prisonfood
...but they may marry each other.
1 posted on 11/25/2008 8:49:00 PM PST by SmithL
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To: SmithL

>...but they may marry each other.

Don’t drop the soap.


2 posted on 11/25/2008 8:52:52 PM PST by max americana
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To: SmithL

Hahns & Frahns are waiting to warm.....you up


3 posted on 11/25/2008 8:54:50 PM PST by Michigan Bowhunter (Democrat socialist liberal scumbags.....how did we let this happen!)
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To: SmithL

Well, there goes "three hots and a cot." If it weren't for the HD TV and the midnight basketball, there'd be almost no reason to go to prison anymore.


4 posted on 11/25/2008 9:13:13 PM PST by Nick Danger (www.swiftvets.com)
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To: SmithL

They want hot meals? Fine. Pass them the tabasco sauce. They can liberally sprinkle it on their bologna sandwiches.


5 posted on 11/25/2008 9:14:36 PM PST by Fast Moving Angel (Sarah runs a state, Obama runs his mouth)
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To: SmithL

Bologna sandwiches for all the inmates!


6 posted on 11/25/2008 9:15:54 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: SmithL

I know it doesn’t impact him but Joe Arpaio is smiling.


7 posted on 11/25/2008 9:20:49 PM PST by headstamp 2 (Been here before)
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To: SmithL
Prisoners have no right to a comfortable existence. What's the point of punishing them if they get to live better behind bars than 99% of Californians? No one is proposing they starve but about they work for their room and board?

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

8 posted on 11/25/2008 9:26:22 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: SmithL
inmates are entitled to two hot meals a day

Why? There are plenty of days when I eat zero hot meals per day. It doesn't have to be hot to be good food. Are prisoners unionized or something?

If I screwed up bad enough to get thrown in prison, I would expect sustenance, and nothing more. That's why they call it punishment.

9 posted on 11/25/2008 11:12:22 PM PST by FlyVet
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To: SmithL

Very well, hot lime jello all around!


10 posted on 11/25/2008 11:28:16 PM PST by informavoracious (It's after midnight, I'm FReepwalking...)
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This is hilarious!

If you’re in Pelican Bay, and the worst of your worries is that your food isn’t hot enough, you’ve got some other very serious problems! From what I’ve heard over the years, this is the WORST prison in the system, home to many of the most violent and uncontrollable prisoners.

Mark


11 posted on 11/26/2008 2:10:36 AM PST by MarkL
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To: SmithL
My own philosophy is that prisons should isolate prisoners from society, not just isolate society from prisoners. Thus, prisoners should have no single pleasure that free society offers. No books, newspapers, TV, radio, or other media of any kind. No computers, no pens, pencils or paper. No toys. Food should be bland, tasteless, but nutritious. No fraternization among prisoners, no physical contact, no drugs, and no conjugal visits and no contact with the outside world other than with a lawyer, through glass.. Their entire 24 hour existence should be harshly supervised.

But, then, that's just one guy's opinion.

12 posted on 11/26/2008 3:45:12 AM PST by wgflyer (Liberalism is to society what HIV is to the immune system.)
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