Ronald J. Penman v. Peter Korper

977 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald J. PENMAN, Plaintiff-Appellee, v. Peter KORPER, et al., Defendants-Appellants. No. 91-15520. United States Court of Appeals, Ninth Circuit. Submitted May 14, 1992. * Decided Oct. 8, 1992. 1 Before FLETCHER and T.G. NELSON, Circuit Judges, and WILSON, ** District Judge. 2 MEMORANDUM *** I. INTRODUCTION 3 Plaintiff Ronald J. Penman filed this action while a state prisoner in custody in Douglas, Arizona. The essence of Plaintiff's claim, brought pursuant to 42 U.S.C. § 1983 , is that the repeated failure of the prison food service to accommodate his medically required dietary needs violated his civil rights. Plaintiff sought both damages and injunctive relief. 4 The Defendants in this action are Canteen, a private corporation contracted by the Arizona Department of Corrections to provide food services to the Douglas prison, and various former and current employees of Canteen. Defendants all moved for…