Judge Laura Taylor Swain
Singleton, a state inmate, was housed at Green Haven Correctional Facility. His 42 USC §1983 action arose from confiscation of his “diet-A-program” card. Initially confiscated on April 17, 2011, the card was reissued with a letter warning that a second “diet-A-program” violation would result in its permanent confiscation. It was again confiscated on May 15, 2011. Defendant Chakravorty did not respond to Singleton’s reinstatement request. Singleton was prescribed heartburn medication after a doctor’s examination of his “severe stomach pain.” In addition to asserting that arbitrary removal from the “diet-A-program” violated his rights under the Eighth and Fourteenth amendments, Singleton’s claimed Chakravorty was deliberately indifferent to his medical needs. District court dismissed Singleton’s complaint, finding that he only disagreed with the proper treatment for his stomach complaints. Also, documents attached to Singleton’s complaint showed he grieved the loss of his diet card, and that a hearing was held on his appeal of the adverse ruling. Thus, under Giano v. Selsky, Singleton was not deprived of any liberty interest in the card as a result of insufficient process.
