Porter v. NH Governor, et al.

2005 DNH 157

• Court: District Court, D. New Hampshire
• Decided: November 18, 2005
• Docket: 04-CV-176-SM
• Status: Published

Opinion

Porter v. NH Governor, et a l . 04-CV-176-SM 11/18/05 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Gary M. Porter, Plaintiff

v. Civil No. 04-cv-176-SM Opinion No. 2005 DNH 157 Governor of the State of New Hampshire, et a l ., Defendants

O R D E R

Gary Porter, an inmate in the New Hampshire State Prison

("NHSP"), brings suit claiming that his Eighth Amendment rights

have been violated by the NHSP's alleged deliberate indifference

to his serious medical needs. 42 U.S.C. § 1983. Porter is an

insulin-dependent diabetic. He asserts that prison officials

have subjected him to cruel and unusual punishment by denying him

medically necessary between-meal snacks and by inadequately

medicating and monitoring him. Before the court is defendants'

unopposed motion for summary judgment.

Based upon the undisputed factual record produced by

defendants, they are entitled to judgment as a matter of law. It

is undisputed that: (1) Porter's blood sugar levels are checked three times a day, and his housing unit is subject to hourly

rounds by corrections officers; (2) he is given insulin

injections three times a day; (3) he is provided a diet (three

meals plus one snack) designed by a dietician, approved by a

physician, and comprised of foods and beverages recommended by

the American Diabetic Association; and (4) food such as orange

juice is kept in close proximity to his cell, for immediate

administration in the event of a low-blood-sugar episode. While

Porter has suggested in various pleadings that he should be

allowed more than one between-meal snack, defendants' decision to

follow a treatment program recommended by Porter's physician and

a dietician, rather than one of Porter's own design, hardly

qualifies as actionable "deliberate indifference to serious

medical needs." Estelle v. Gamble. 429 U.S. 97, 106 (1976).

Because defendants are entitled to judgment as a matter of

law on the undisputed factual record, see F e d . R. C i v . P. 56(c),

defendants' motion for summary judgment (document no. 47) is

granted. The clerk of the court shall enter judgment for

defendants and close the case.

2 SO ORDERED.

McAuliffe '"Chief Judge

November 18 , 2005

cc: Gary M . Porter, pro se Mary E . Maloney, Esq.