California Court Rules Prison Officials Have Right To Determine Inmate Food Temperature

November 26, 2008 7:58 a.m. EST

San Francisco, CA (AHN) - The First District of Appeal in San Francisco ruled that it is the prerogative of prison officials to determine the food temperature of inmates. The decision overturned a ruling by the Pelican Bay State Prison in Del Norte County mandating jail officials to ensure inmates receive hot meals.

Two prisoners locked in the security housing of the facility filed a lawsuit over the food service because their breakfast and dinner were just lukewarm even if there is a Corrections Department regulation that stated all prisoners must receive three meals daily, of which two must be served hot.

Because of the gravity of their crimes those in the security section numbering 1,100 are not permitted to get their food from the cafeteria, but get their meals in trays delivered to their cells. Because of the lag time, the meals are no longer hot, the inmates said.

Prison officials said their only duty is to serve cooked food which is not cold. The appeals court sided with jail officials. It ruled prisoners are entitled to proper nourishment while detained, but they have no right to enforce the Correction Department's rules.

On Friday, the First District Court of Appeal in San Francisco ruled that because of California's failure to follow required procedures to come up with revised protocol for administering lethal injections, there will be no executions in the state in the future.