Narrative Opinion Summary
Lenny R. Schwartz, Jr., a prisoner in Washington state, appeals a district court's summary judgment favoring defendants in his 42 U.S.C. § 1983 action regarding the denial of a vegetarian diet while incarcerated at the King County Correctional Facility. The appellate court has jurisdiction under 28 U.S.C. § 1291 and conducts a de novo review. The court affirms the district court's decision, determining that Schwartz's vegetarianism is not mandated by his religion and thus does not constitute a violation of his First Amendment rights. Additional claims made by Schwartz are found to be without merit. His requests for counsel and to expedite the appeal are denied. The court's decision is not for publication and is restricted in citation per 9th Cir. R. 36-3.
Legal Issues Addressed
Denial of Requests for Counsel and Expedited Appealsubscribe to see similar legal issues
Application: The court denies the plaintiff's requests for legal counsel and for an expedited appeal process.
Reasoning: His requests for counsel and to expedite the appeal are denied.
First Amendment Rights and Religious Dietary Requirementssubscribe to see similar legal issues
Application: The court evaluates whether the denial of a vegetarian diet infringes upon the plaintiff's First Amendment rights, concluding that the diet is not a religious mandate.
Reasoning: The court affirms the district court's decision, determining that Schwartz's vegetarianism is not mandated by his religion and thus does not constitute a violation of his First Amendment rights.
Jurisdiction of Appellate Courtssubscribe to see similar legal issues
Application: The appellate court confirms its jurisdiction under the relevant statute to review the district court's summary judgment decision.
Reasoning: The appellate court has jurisdiction under 28 U.S.C. § 1291 and conducts a de novo review.
Publication and Citation Restrictionssubscribe to see similar legal issues
Application: The decision is designated as not for publication and is subject to specific citation restrictions according to court rules.
Reasoning: The court's decision is not for publication and is restricted in citation per 9th Cir. R. 36-3.
Summary Judgment in 42 U.S.C. § 1983 Actionssubscribe to see similar legal issues
Application: The court conducts a de novo review of the district court's summary judgment in favor of the defendants, affirming the decision based on the lack of a constitutional violation.
Reasoning: Lenny R. Schwartz, Jr., a prisoner in Washington state, appeals a district court's summary judgment favoring defendants in his 42 U.S.C. § 1983 action regarding the denial of a vegetarian diet while incarcerated at the King County Correctional Facility.