United States Fifth Circuit

In an action under 42 U.S.C. section 1983 against food service employees, the warden, and the assistant warden of the prison where plaintiff was an inmate, alleging that defendants failed to screen inmates' food for foreign objects (e.g., a metal nut in plaintiff's cornbread), the dismissal of the complaint is vacated in part where the district court erred in dismissing the suit for failure to state a nonfrivolous claim without permitting plaintiff to develop further the factual basis for it.

Appellate Information

• Decided 10/12/2010
• Published 10/12/2010

Judges

• Array

Court

• United States Fifth Circuit

Counsel