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Denial of Food, Visits for Refusing to Shave Upheld

Allegations of the denial of one visit and seven or eight meals over a period of a month, without an allegation of denial of a minimally nutritious diet, was frivolous (The plaintiff was denied food and visits because he had refused to shave on those occasions.) He did not allege any specific physical harm, other than hunger pangs, or claimed that he lost weight, suffered other adverse physical effects, was denied a nutritionally and calorically adequate diet, or that his health was put at risk. This court has held that visiting privileges are subject to the discretion of prison officials. At 508: "Berry has no constitutional right to visitation privileges."

Neither of the claimed deprivations was atypical and significant under Sandin. See: Berry v. Brady, 192 F.3d 504 (5th Cir. 1999).

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Related legal case

Berry v. Brady