United States Third Circuit

Dismissal of plaintiff-prisoner's claim under the Religious Land Use and Institutionalized Persons Act, alleging a failure to provide him with a diet comporting with his Buddhist belief, is reversed where plaintiff has satisfied the exhaustion requirement of 42 U.S.C. section 1997e(a) and may proceed with his claim.

Appellate Information

• Argued 10/01/2004
• Decided 11/16/2004
• Published 11/16/2004

Judges

• Before ROTH and CHERTOFF, Circuit Judges and IRENAS, Senior District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Edward A. Olds, (Argued), Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Gerald J. Pappert, Attorney General, J. Bart DeLone, (Argued), Calvin R. Koons, John G. Knorr, III, Office of the Attorney General, Appellate Litigation Section, Harrisburg, PA, Rodney M. Torbic, Office of Attorney General of Pennsylvania, Pittsburgh, PA, for Appellees James S. Price and Martin Horn., Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, PA, Catherine Y. Hancock, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, Michael S. Raab, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Appellee United States of America.