Laurence Burgin v. Crispus Nix, Warden, Isp John Henry, Head of Security, Isp and John Sanders, No. 220, Unit Manager, Isp

On June 20, 1985, plaintiff, Laurence Burgin, an inmate in the custody of the ISP, while being served a “nonsacked” meal, 1 threw a carton of milk toward a guard. The contents splashed upon the latter. Without notice or a hearing, Burgin was immediately placed on incorrigible inmate status and served sacked meals, pursuant to ISP Policy 573A. That policy states, in pertinent part:

DEFINITIONS:

A. Incorrigible Inmates: For the purposes of this policy, incorrigible inmates are those inmates that have thrown, attempted to throw or have threatened to throw water, urine, feces, food, etc. on staff…