A prisoner is suing the Minnesota Department of Corrections, claiming he nearly died after he was fed food to which staff at the Faribault prison knew he was allergic.
Darryl Walker Sr. who now is incarcerated at the prison in Stillwater, filed a personal injury lawsuit against the state prison system. The lawsuit seeks financial damages.
The lawsuit claims Walker was served food containing soy in December 2016. When the sloppy joe meal ran out, Walker instead was given a hamburger.
Walker says he had a known severe soy allergy, asked if it contained soy and ate it only after food service staff assured him it was 100% beef. It was not until after Walker ate the burger that a prison worker checked the label and learned it contained soy, the lawsuit claims.
Walker’s throat reportedly began to close and he had difficulty breathing. He “thought he was dying and was in fear for his life,” the lawsuit says.
Walker was taken to a hospital and treated. In addition to “severe physical pain” during the allergic reaction, the lawsuit claims Walker had lingering effects, including worsened allergies, post-traumatic stress, paranoia and difficulty sleeping.
In a response to the lawsuit, an attorney for the Minnesota Department of Corrections admits that the inmate was given soy. But the response contends that state law protects the Department of Corrections and its staff from legal liability.
The lawsuit initially was filed in Ramsey County but recently was moved to Rice County District Court at the request of the Minnesota Attorney General’s Office, which is representing the Department of Corrections.
The Attorney General’s Office is seeking to have the case dismissed.
No first court hearing date has yet been set in the case.
Walker was at the time in prison for drug possession and illegal gun possession in Hennepin County. He was released and sent back to prison until 2029 on another drug conviction in 2020 in Polk County.
