United States Ninth Circuit

In 1983 action by plaintiff-prisoner alleging violations of the Eighth Amendment for excessively pepper spraying him, and the Fourteenth Amendment for denying him vegetarian meals, summary judgment for defendants is: 1) reversed and remanded on the Eighth Amendment claim, because disputed issues of material preclude summary judgment for the officers on the basis of qualified immunity; and 2) affirmed on the Fourteenth Amendment claim, where the district court properly concluded that plaintiff failed to raise a triable issue of fact with respect to whether the officers intentionally refused to provide him with a religious breakfast tray while providing the same to other inmates who were similarly situated.

Appellate Information

• Decided 01/17/2013
• Published 01/17/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel