Federal Panel Says State Inmate's Suit on Jail Food Can Go Forward

FEBRUARY 27, 2007 - Posted at 7:47 a.m. CST

LITTLE ROCK (AP) - A federal appeals court says a complaint about prison food -- including a claim that an inmate was served rotten vegetables -- should be heard in federal district court.

A three-judge panel of the Eighth U.S. Circuit Court of Appeals at St. Louis said yesterday that a district judge incorrectly dismissed a complaint from court Richard Delon Day Jr. Day had claimed his constitutional rights were violated because he was served nutritionally inadequate food and that it made him sick.

The ruling said the district court correctly dismissed part of Day's suit that claimed he was subjected to unsafe conditions because he was exposed to snakes and mosquitoes.

The 35-year-old Day is serving a 76-year sentence from 1987 for rape and other convictions in Pulaski County.

The appeals court sent the case back to the U-S district for further proceedings.

(Copyright 2007 by The Associated Press.  All Rights Reserved.)