United States District Court, D. Oregon
FINDINGS AND RECOMMENDATION
F. BECKERMAN, UNITED STATES MAGISTRATE JUDGE.
Edward Jackson (“Plaintiff”) is an inmate in the
custody of the Oregon Department of Corrections
(“ODOC”). He filed this civil rights action
against Eddie Climer, Bill Brady, and Aramark Food Service
(collectively, “Defendants”), alleging negligence
and violations of Plaintiff's rights under the First,
Eighth, and Fourteenth Amendments to the United States
Constitution. (Am. Compl.) Defendants move for summary
judgment, pursuant to Federal Rule of Civil Procedure 56.
(ECF No. 10.)
Court has jurisdiction over this matter pursuant to 28 U.S.C.
§§ 1331 and 1367. For the reasons that follow, the
Court recommends that the district judge grant
Defendants' motion for summary judgment.
is allergic to pork. (Am. Compl. at 2.) He documented that
allergy with the staff at Multnomah County's Inverness
Jail. (Id.) He requested, and was denied, a halal
diet. (Id.) Plaintiff alleges that Inverness Jail
served meals containing pork on May 19 and May 20, 2017.
(Id.) He did not consume the alleged pork products,
but, instead, “rec[e]ived v[e]ggie tray both
filed two Service Request Forms relating to his diet.
(Id. at 7-8.) Both predate the alleged incidents. In
a March 16, 2017, service request, Plaintiff asked for a
pork-free diet “according to [his] religion” and
stated that the beans served that day contained pieces of
pork. (Id. at 8.) Inverness staff responded the
following day, explaining that the jail is a pork-free
facility and that any meat present in the meal was poultry.
second service request, dated May 15, 2017, Plaintiff stated
that he was writing “concerning the ‘Allerg[e]n
to Pork' slips” from food service. (Id. at
7.) A staff member replied, “Yes, I saw the 2
slips where you were given a veg[gie] meal instead of the reg
meal. You can go on a veg[gie] diet if you like.”
(Id.) Plaintiff does not allege that he filed any
food-related complaints through the institution's
administrative grievance process.
claims that Defendants committed negligence by serving food
containing pork despite knowledge of Plaintiff's allergy.
(Id. at 2.) He also claims that Defendants violated
his Fourteenth Amendment right to equal protection because
they serve kosher meals to Jewish inmates, but do not serve
halal meals to Muslim inmates. (Id. at 3.)
Plaintiff cites to the First and Eighth Amendments in his
list of causes of action, but provides no specific
allegations in support of those citations. (Am. Compl.)
now move for summary judgment. (ECF No. 10.) In support of
that motion, Defendants submitted a declaration from Lewis
Kyle, chaplain at Inverness Jail. Chaplain Kyle states that
Inverness Jail has been a pork-free facility for over 17
years. (Kyle Decl. at ¶ 6.) Also, the jail discontinued
both kosher and halal meals in 2013, in consultation with the
facility's rabbi and imam. (Id. at ¶
5.) Instead, Inverness Jail serves vegetarian and
vegan meal options to meet both religions' dietary
requirements. (Id. at ¶¶ 4-5.)
separate declaration, Defendant Eddie Climer, the Food
Service Director at Inverness Jail, reaffirms that the jail
has been pork-free for 17 years. (Climer Decl. at ¶ 7.)
He provides copies of the jail's food service menus for
March 16, 2017, and May 19, 2017. (Id., Exs. 2,
3.) Defendant Climer explains that the “T Ham
Navy Beans” and “Breakfast Sausage” served
at Inverness Jail contain poultry meat, not pork. (Climer
Decl. at ¶¶ 3-6; see also Id. at
Ex. 4 (ingredient list for breakfast patties).)
response to these factual assertions, Plaintiff responds that
dextrose, an ingredient in the breakfast patties served at
Inverness Jail, is made from pork skin or pork fat. (Resp. to
Mot. for Summ. J.) He provides no supporting evidence, only a
reference to an “‘in camera exhibit' piece of
[pork] at the Multnomah County Court Clerk Office.”
also filed the declaration of Commander Raimond Adgers,
Commander of Multnomah County's Corrections Division.
Commander Adgers reviewed the institution's inmate
grievance database and attests that Plaintiff did not file a
grievance relating to his current claims. (Adgers Decl. at
¶ 4.) Plaintiff does not dispute this fact.