Supersized Inmate Files Hefty Lawsuit Against Jail

A 400 pound inmate wants the New York City Department of Corrections to pay a hefty price for forcing him to wear the same clothes he was arrested in throughout his one year jail sentence.

"No one has issued me institutional clothing or made any attempt to measure me," Elias Diaz, 55, wrote in a handwritten lawsuit filed in U.S. District Court which asks for $1 million in damages.

Diaz, who wears a size 7X Large, said he wore the same sweats and t-shirt every day until his release on Dec. 30, 2011. He was in the Rikers Island jail serving a sentence for criminal possession of a weapon.

He alleged that during his one year sentence, requests for his own prison-issued garb were repeatedly ignored, causing him "undue stress and mental anguish."

"I had the displeasure of being threatened with an infraction because I was not wearing approved garments," he wrote of his experience in the prison mess hall.

Officials made an exception and allowed Diaz's family to send him clothing, however the packages were rejected for various reasons, he wrote.

Department of Correction spokeswoman Sharman Stein said the city has not seen the lawsuit, but added, "There's an established grievance process, which the inmate new well about. He never filed a grievance."  

In his complaint, Diaz wrote, "Upon my release I will be seeking profetional [sic] therapy. The therapy is going to be expensive."

Join the Discussion
blog comments powered by Disqus
You Might Also Like...
See It, Share It
PHOTO: This photo provided by the University of Colorado at Colorado Springs shows officer Garrett Swasey, who was killed in a shooting at a Planned Parenthood clinic in Colorado Springs, Colo., Friday, Nov. 27, 2015.
University of Colorado at Colorado Springs via AP
PHOTO: Joseph Amoroso, Bella Bonds biological father, wept as he took a pink rose from her coffin on Nov. 28, 2015, in Winthrop, Mass.
John Tlumacki/The Boston Globe/Getty Images
PHOTO: In this Sept. 21, 2015 file photo, Victor Mooney shares his story of rowing across the Atlantic Ocean in Ocean City, Md.
Justin Odendhal/The Daily Times via AP, File