Moss v. Ward

MEMORANDUM and ORDER

ELFVIN, District Judge.

This suit was instituted pursuant to 42 U.S.C. § 1983 by plaintiff who claims that defendant Smith violated his Eighth Amendment rights. 1 Defendant, the Superintendent at the Attica Correctional Facility (“Attica”), moves for summary judgment. Both parties have submitted affidavits and defendant has submitted copies of reports and letters he feels are pertinent to this suit.

Moss was confined to the special housing unit at Attica. He alleges that he was deprived of food for four days because he refused to turn in a plastic drinking cup. According to…