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Former Michigan inmate, Jerry Flanory, 58, who claims he was denied toothpaste for nearly a year can sue prison officials, citing his constitutional right against cruel and unusual punishment, a federal appeals court said.

Flanory says he developed gum disease and had a tooth removed in 2005 as a result of not having toothpaste. The appeals court reinstated his lawsuit last week against officials at the Newberry prison. His original lawsuit was dismissed for “failure to state a claim” by the lower court.

Flanory, who served five years for assault, said the problem was related to a dispute over his education. He had refused to participate in classes toward a General Educational Development (GED) certificate because he claimed he already had one, along with an associate degree from a community college.

As a result, the prison disciplined Flanory by discontinuing his indigent status, which meant he had to pay for his own toothpaste. But he had no money to buy it, he said, and after going without toothpaste for 337 days, in the fall 2005, Flanory’s associate degree was finally confirmed by the prison. By then, he already had periodontal disease and one of his teeth later had to be extracted.

Flanory who is currently on parole, is acting as his own lawyer and is seeking at least $350,000 in damages.

The lawsuit now returns to a federal judge in Marquette.