United States Sixth Circuit

In an inmate's section 1983 suit against multiple prison officials, claiming that a 16-day denial of kosher food, multiple mistakes in administering a kosher meal program, and lack of Jewish services and literature violated his constitutional rights and the Religious Land Use and Institutionalized Persons Act (RLUIPA), district court's judgment in favor of defendants is affirmed in part, vacated in part and remanded where: 1) district court's grant of summary judgment on plaintiff's RLUIPA claim as set forth in his complaint is affirmed; 2) district court's grant of summary judgment on plaintiff's section 1983 suit is affirmed; 3) it was not an abuse of discretion for the district court to deny plaintiff's discovery request; 4) district court's denial of plaintiff's motion to amend is vacated as it was an abuse of discretion to fail to address wrongful-removal and failure-to-reinstate claims that plaintiff brought in his proposed amended complaint; and 5) district court's failure to rule on the second motion for a preliminary injunction was an abuse of discretion.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

• Before COLE, GILMAN, and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:Kevin Himebaugh, Office of the Michigan Attorney General, Lansing, Michigan, for Appellees. Kenneth Colvin, Jr., Ionia, Michigan, pro se.