Ras Adisa Gamba Oluwa, Plaintiff-appellant, v. James Rowland; T. Pruitt; James Gomez; State Ofcalifornia; Wilson, Md, Defendants-appellees, 97 F.3d 1460 (9th Cir. 1996)

Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges.

MEMORANDUM^** 

Ras Adisa Gamba Oluwa, a California state prisoner, appeals pro se the district court's summary judgment in favor of state prison officials in his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights by denying him a vegetarian diet. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir. 1989), cert. denied, 496 U.S. 937 (1990), and we reverse.

"Inmates ... have the right to be provided with food sufficient to sustain them in good health that satisfies the dietary laws of their religion." McElyea v. Babbitt, 833 F.2d 196, 198 (9th Cir. 1987); see also Religious Freedom Restoration Act, 42 U.S.C. § 2000bb-2000bb-4. A review of the record shows that in opposing summary judgment, Oluwa raised a genuine issue of material fact with respect to whether his religious belief is burdened and whether he is able to receive an adequate vegetarian diet. Accordingly, we reverse the district court's summary judgment and remand for trial on these issues. See Fed. R. Civ. P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986).

REVERSED AND REMANDED.