- Associated Press - Thursday, June 29, 2017

DOVER, Del. (AP) - A federal appeals court has rejected a Delaware inmate’s challenge to the dismissal of a lawsuit over his treatment in prison, including repeatedly being fed an unpalatable food loaf given to unruly inmates.

Kevin Dickens filed the lawsuit in 2010, alleging among other things that he was “constructively starved” when placed on a “nutraloaf” diet for five consecutive weeks in 2009. Dickens said he lost about 60 pounds and suffered from frequent blackouts and low blood pressure.

Lawyers for the state filed a motion to dismiss the case last July for failure to prosecute, noting that Dickens had not filed any court papers since May 2015.

A judge granted the state’s request in March. The appeals court upheld that ruling Wednesday, saying the judge did not abuse his discretion.

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