Eighth Amendment Allegations Sufficient To Proceed Against Prison Authorities.

A state prison inmate brought an action against correctional officers who pepper sprayed him, allegedly when he attempted to explain he was a vegetarian due to his religion, and that he was given the wrong meal. The trial court granted summary judgment to the correctional officers.  The Ninth Circuit reversed and remanded based on the inmate’s claim under the Eighth Amendment “because the district court failed to draw all inferences in [the inmate’s] favor.”  Furnace v. Sullivan, Morales, Soto (Ninth Cir.; January 17, 2013) (Case No. 10-15961).