Prisoner’s Allegations Regarding Violations of Freedom Of Religion.

Plaintiff brought an action against prison personnel at the Arizona Department of Corrections for treatment he alleged he received while an inmate. He said he did not receive proper care for his mental illness and became suicidal, in violation of his rights under the Eighth Amendment. He also alleged deprivation of his rights under the First and Fourteenth Amendments, in that his “freedom of religion was violated because kosher food was not made available to him.” Plaintiff’s first amended complaint stated: “Plaintiff’s religion is premised upon a fundamentalist approach to the Old Testament.  While Plaintiff does not consider himself ‘Jewish,’ he does adhere to teachings and practices that are part of the Jewish faith . . . Plaintiff has been forced to eat unclean and unholy foods that are forbidden by his religion.” The Ninth Circuit found plaintiff could maintain his claims for other than injunctive relief, despite his release from prison, upheld the grant of summary judgment with regard to plaintiff’s medical claims, and reversed the dismissal of his claims under the First and Fourteenth Amendments for failure to exhaust his administrative remedies.  (Cano v. Taylor (Ninth Cir.; January 14, 2014) 739 F.3d 1214.)