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COVINGTON v. ALLSBROOK

No. 80-6444.

636 F.2d 63 (1980)

Jimmy COVINGTON, Herbert Spruill and Franklin Haskin, Appellants, v. Harry ALLSBROOK, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 25, 1980.

Attorney(s) appearing for the Case

George K. Walker, Williamsburg, Va., for appellants.

James Peeler Smith, Raleigh, N. C., for appellee.

Before RUSSELL, WIDENER and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Jimmy Covington, Herbert Spruill and Franklin Haskin, North Carolina prison inmates, filed a pro se claim pursuant to 42 U.S.C. § 1983, asserting that they are subjected to cruel and unusual punishment because saccharin is served in drinks at the prison without an accompanying warning of its possible adverse effect on the health of the consumer. The district court dismissed for failure to state a claim upon which relief can be granted. ...

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