Arguello dismissed the bomber's claims "with prejudice," pointing to his failure to show how the prison's meals hindered his practice of Christianity. Nichols "has no constitutional right to a diet of his choice," ruled the judge.
Nichols, who is serving a life sentence at the federal penitentiary in Florence, Colorado, filed suit in March 2009 against a host of prison officials, including the facility's food-services administrator and its chaplain, claiming cruel and unusual punishment, First Amendment violation and religious discrimination.
In his meticulously handwritten complaint, Nichols says he "sincerely believes that God created mankind to consume unrefined whole foods, with its natural insoluble fiber, etc., that works in a synergistic way to keep one's body (ie God's holy temple) in good health to ward off various diseases."
This past February, Nichols went so far as to wage a hunger strike for his cause. And in May, he waged another one, reportedly dropping 35 pounds, to 125.
At this point, he might want to consider requesting a transfer to New York City's Rikers Island. The prison's bakery, staffed by ex-bakers, makes around 11,500 loaves of whole wheat bread every day.
