United States District Court, W.D. Virginia, Roanoke Division
May 14, 2015
DEZACHTRE R. GOODE, Plaintiff,
LT. CARICO, et al., Defendants.
JACKSON L. KISER, Senior District Judge.
Dezachtre R. Goode, a Virginia inmate proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, naming as defendants Lt. Carico, C/O Lawson, and C/O T.N. Bailey. Plaintiff alleges that C/O Bailey and C/O Lawson did not give Plaintiff meals on October 5, 2014.
Plaintiff's denial of meals on a single day fails to state a constitutional claim. See Palmer v. Johnson, 193 F.3d 346, 352 (5th Cir. 1999) (holding that a prisoner missing a meal is not cruel and unusual punishment). Plaintiff does not describe a constitutionally-sufficient injury from not eating for one day. While the Constitution protects prisoners from cruel and unusual living conditions, an inmate is not entitled to relief because he has been exposed to uncomfortable, restrictive, or inconvenient conditions of confinement. See Henderson v. Virginia, 2007 U.S. Dist. LEXIS 70207, at *26, 2007 WL 2781722, at *7 (W.D. Va. Sept. 21, 2007) (Conrad, J.). Rather, "[t]o the extent that such conditions are restrictive or even harsh, they are part of the penalty that criminal offenders pay for their offenses against society." Rhodes v. Chapman, 452 U.S. 337, 347 (1981). Similarly, a plaintiff is not entitled to any relief on this claim if he fails to allege any facts to suggest that he was exposed to an unreasonable risk of harm by virtue of the defendant's conduct. See, e.g., Farmer v. Brennan, 511 U.S. 825, 835 (1994). Furthermore, Plaintiff cannot hold Lt. Carico as a supervisor under respondeat superior. Accordingly, the complaint is dismissed without prejudice for failing to state a claim upon which relief may be granted.