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DETROIT — A former Michigan inmate who claims he was denied toothpaste for nearly a year can sue prison officials, citing his constitutional right against cruel and unusual punishment, a federal appeals court said.
Jerry Flanory of Flint says he developed gum disease and had a tooth removed in 2006 as a result of no toothpaste. The appeals court reinstated his lawsuit Thursday against officials at the Newberry prison in Michigan’s Upper Peninsula.
Flanory refused to participate in classes toward passing the GED, or General Educational Development test, because he already had. He was disciplined by losing his indigent status, which meant he had to pay for his own toothpaste. He said he couldn’t afford it.
