Does a motion to dismiss a free exercise claim against a defendant who allegedly encouraged an inmate to eat pork have to be amended or dismissed?
MultiRegion, United States of America
The following excerpt is from Oliverez v. Albitre, CASE NO. 1:09-cv-00352-LJO-SKO PC (E.D. Cal. 2012):
In Lewis v. Mitchell, 416 F.Supp.2d 935, 944 (S.D.Cal. Oct. 5, 2005), the court granted in part and denied in part a motion to dismiss, dismissing a free exercise claim with leave to amend where the inmate did not allege any conscious act on the part of the defendant to burden his free exercise of religion, but finding a viable claim against the other two defendants who allegedly misled him to eat pork.
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