Legal Opinion

Anderson v. Burge

District Court, W.D. New York

Decided March 26, 2008No. 6:06-cr-06227PublishedCited by 8 opinions

1Opinion of the Court

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff Derrick Anderson, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services, alleges that defendants, all of whom were at all relevant times employed by DOCS, violated his rights under the Eighth Amendment to the United States Constitution by failing to provide him with a “diabetic diet,” i.e., a diet tailored to meet his needs as a sufferer of diabetes. Defendants have moved for summary judgment.

DISCUSSION

I. Eighth Amendment Claims:…

2Cases cited14 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Wilson v. SeiterSupreme Court of the United States · 1991
  4. John C. McGuckin v. Dr. Smith John C. Medlen, Dr.Court of Appeals for the Ninth Circuit · 1992
  5. Chance v. ArmstrongCourt of Appeals for the Second Circuit · 1998

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3Cited by8 opinions

  1. Swift v. TweddellDistrict Court, W.D. New York · 2008
  2. Wright v. ConwayDistrict Court, W.D. New York · 2008
  3. Green v. HerbertDistrict Court, W.D. New York · 2010
  4. Sandlin v. PooleDistrict Court, W.D. New York · 2008
  5. Boatwright v. CanfieldDistrict Court, W.D. New York · 2010

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