Brandon v. Kinter, No. 17-911 (2d Cir. 2019)Annotate this Case
Plaintiff filed suit against CCJ and several employees, alleging the denial of his right to free exercise of religion in violation of the First Amendment, deliberate indifference to his medical needs in violation of the Eighth Amendment, and violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA). The district court granted summary judgment to all defendants on all counts.
The Second Circuit held that plaintiff introduced sufficient evidence to create a genuine dispute of material fact as to the free exercise and retaliation claim. The court held that a reasonable jury could find that plaintiff was served significantly more than 10 meals containing pork, which was not in compliance with his religious diet. Furthermore, the district court also erred in concluding that 10 noncompliant meals was not a substantial burden. The court also held that a genuine dispute exists as to facts underlying the alleged retaliation against plaintiff. However, plaintiff may proceed on his claims against only those defendants who were personally involved in each violation. Accordingly, the court vacated in part, affirmed in part, and remanded.