Full opinion text
MEMORANDUM AND ORDER GLASSER, District Judge: This is a motion to dismiss plaintiffs civil rights complaint and pendent state law claims stemming from the treatment he received during his arrest and pretrial detention. In the alternative, defendants move for partial summary judgment. For the following reasons, defendants’ motion is granted in part and denied in part. FACTS Although several facts are conceded, many are in dispute. To the extent that defendants have moved for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6), plaintiffs allegations will be accepted as true. For the two claims upon which defendants seek summary judgment pursuant to Federal Rule of Civil Procedure 56, see note 1 swpm, the court has looked to matters outside of the pleadings including plaintiffs medical records, the affidavit of the prison physician, and the affidavit of plaintiffs attorney which asserts that further discovery is needed. A. The Arrest On April 2, 1992, at approximately 4:00 p.m., plaintiff James Messina (“Messina”) was in the vicinity of Allen, Broome and Orchard Streets in New York City, when he was arrested by several New York City police officers. There is a dispute as to how the arrest transpired and the amount of force which was used in executing the arrest. Defendants contend that the police officers pursued Messina and apprehended him and that “reasonable force was applied in order to apprehend and handcuff plaintiff.” Defs.’ 3(g) Statement, ¶ 2. Plaintiff alleges that, in order to avoid a confrontation with the officers in front of his wife and two-year old son, he started running away after he saw the officers running toward him, stopped, and was then arrested. Third Amended Complaint (“Complaint”), ¶¶ 17, 18; PL’s 3(g) Statement, ¶ 2. The complaint further alleges that the officers threw Messina to the ground; that one of the officers stood on his back with one foot while ignoring his contention that he could not breathe; that the officers handcuffed plaintiff with excessive tightness; and that while in the police car “[wjithout any provocation by plaintiff, who was still tightly handcuffed, defendant Police Officer slapped plaintiff several times in the face with his hand, and hit plaintiff several times in his abdomen and on his legs with a night stick, causing plaintiff severe pain.” Complaint, ¶ 21. Messina also alleges that he was “slapped and punched” when he arrived at the station house, and that the individual police officers “beat him with their night sticks, without provocation, and despite the fact that plaintiff was still handcuffed.” Complaint, ¶ 22. Messina was also told by one of the police officers while at the station house that “You’ll never forget this day,” at which point he allegedly received a further round of slaps across the face, again allegedly without any provocation. Complaint, ¶ 28. Plaintiff also alleges that one of the police officers hit him in the back of the knees with a night stick, Complaint, ¶ 23, and that during his strip search he was slapped again, Complaint, ¶ 24. In the Complaint Messina states that no one attempted to intercede on his behalf during these beatings. Complaint, ¶ 24 (“... despite a realistic opportunity to do so, none of the Police Officers interceded to prevent this abuse.”). Defendants contend that it is undisputed that Messina received no serious injuries from these alleged beatings. Defendants base this contention on the fact that plaintiff allegedly did not allege that he received any particular injuries, Defs.’ 3(g) Statement, ¶ 7 (“Plaintiff does not allege that he suffered any particular physical injury as a result of any use of force which occurred during the course of his arrest on April 2, 1993 [sic].”), and on the medical records and photographs of plaintiff taken at the time of his arrest, e.g., Defs.’ 3(g) Statement, ¶ 4 (“The log book of the Fifth Precinct from April 2, 1992 reflect that, upon plaintiffs arrival at the precinct, he was in good condition.”). In Paragraph 25 of the Complaint, however, plaintiff states that “[a]s a result of the excessive force used by defendant Police Officers and the failure to intercede to stop the use of such force despite realistic opportunities to do so, plaintiff sustained physical injuries to his right wrist, abdomen, face and legs, causing him to suffer intense pain, and emotional pain and suffering.” See also Pl.’s 3(g) Statement, ¶¶ 6, 7 (plaintiff sustained injuries to his right wrist, abdomen, face and legs). Two days following his arrest, on April 4, 1992, plaintiff was charged with criminal possession of a controlled substance and criminal possession of a hypodermic instrument in violation of New York Penal Law §§ 220.03 and 220.45 (McKinney 1989). On the day that he was charged, plaintiff was transferred to the custody of the New York City Department of Correction (the “DOC”) and transported to “C95” at Rikers Island. Complaint, ¶ 27. B. The Confrontation with Officer Watson For the purposes of defendants’ motion to dismiss, the following facts are accepted as true. At approximately 11:15 a.m. on April 4,1992, Messina arrived at Rikers Island and was interviewed by defendant Correction Officer Harold Watson (“Watson” or “Correction Officer Watson”). Complaint, ¶ 28. Watson asked plaintiff a number of questions for the purpose of completing a New York City Department of Correction Manual Admission and Classification Form (the “Form”). Watson asked Messina, “What is your religion?” After Messina informed Watson that he was Jewish, Watson replied, “While you’re here, you’ll be Catholic.” Plaintiff again stated that he was Jewish, to which Watson replied: “Shut up. I’ll tell you what your religion is. I don’t want to hear another word from you.” Complaint, ¶ 29. Watson then wrote “R/C” on the Form for prisoner’s religion. Affidavit of Eric S. Ko-briek, March 18, 1994 (“Kobrick Affd”), Ex. B. Messina then received an orange identification card signifying that he is a Christian, instead of a blue identification card given to Jewish inmates. Complaint, ¶29. A blue identification card entitles Jewish inmates to certain privileges including kosher food and the right to attend religious services. Complaint, ¶ 29. Plaintiff alleges, and defendants do not contest for purposes of this motion, that he is a “sincere follower of and believer in the Jewish faith.” Complaint, 30. Significantly, plaintiff does not allege that he specifically requested kosher food and was then denied the same; that he requested the right to attend religious services and was refused; or that he requested the right to dress in a certain manner or grow a beard but was told that he could not. Rather, plaintiff alleges that “[a]s a result of defendant Correction Officer Watson’s actions, plaintiff was, with religious animus, denied access to kosher food and was otherwise subjected to abuse, insult and emotional distress.” Complaint, ¶ 31. C. The Access to Medical Care Plaintiff alleges that when he arrived at Rikers Island on April 4, 1992, he was a recovering heroin addict and a participant in a methadone maintenance treatment program at the Lower East Side Service Center, Inc. (the “Center”). Complaint, ¶ 32. Plaintiff further alleges that he received a Methadone Maintenance Treatment Program Identification Card from the Center which was taken from him at the time of his arrest. “At the Fifth Precinct,' plaintiff asked defendant Police Officers to make sure that the Methadone ID card was returned to him, but it never was.” Complaint, ¶ 33. When Watson prepared the Form discussed swpra, he noted that Messina was a drug abuser and that the drug in question was “meth.” Ko-brick Affd, Ex. B. It is undisputed that Messina was examined by the medical staff at Rikers Island upon his arrival, that his medical history was taken, and that he was seen by defendant Dr. Ernel Lewis (“Lewis”), who is employed by the Montefore Hospital which provides medical services at Rikers Island pursuant to a contract with the DOC. Affidavit of Ernel Lewis, M.D., March 29, 1994 (“Lewis Affd”), ¶ 1. Plaintiff alleges that at the time of his examination he was suffering from “acute withdrawal caused by the failure to receive methadone treatment.” Complaint, ¶ 37. Plaintiff states that when he met with Lewis he informed the doctor that he was suffering from withdrawal and needed to receive methadone. Complaint, ¶ 38. According to the complaint, Lewis replied by saying, “That’s what they all say. I don’t care what you do. You can stand on your head, tear the place apart, you’re not getting methadone.” Complaint, ¶ 39. It is undisputed that Messina did not receive methadone at this time. Rather, three days later, on April 7, 1992, after the medical staff at Rikers Island received confirmation from the Center that Messina was in a 21-day methadone program, plaintiff was prescribed methadone for a 21-day period. Defs.’ 3(g) Statement, ¶24. The reason why Messina was not given methadone upon his arrival at Rikers Island is a matter of dispute. Plaintiff contends that it was a result of Lewis’s “deliberate indifference to the serious medical needs of plaintiff.” Complaint, ¶45. Lewis, on the other hand, contends that the determination not to immediately administer methadone was based on his examination of Messina and the tests performed at the time: Plaintiff was not suffering from acute symptoms of withdrawal at the time that he was examined on April 4, 1992. As shown by plaintiffs medical records on April 4, 1992, his blood pressure was normal, he was not dehydrated, his temperature was normal, he was not salivating or sweating excessively and his pupils were not dilated. He complained of diarrhea. Further, a test of plaintiffs urine revealed no sugar or ketones in plaintiffs urine, which would have been present had plaintiff been severely dehydrated due to acute withdrawal. These physical findings are inconsistent with a diagnosis of acute withdrawal from heroin or methadone. Had plaintiff been suffering from acute withdrawal symptoms, he would have evidenced at least some of the following symptoms: an elevated pulse rate and blood pressure, hyperglycemia (high blood sugar), severe dehydration, an elevated temperature, dilated pupils, excessive sweating, yawning, running of the nose and tearing of the eyes, shortness of breath, goose flesh, nausea and vomiting, bone pain, insomnia, and liver tenderness. Lewis Affd, ¶ 6 (citations omitted). Significantly, the determination to withhold methadone immediately upon Messina’s arrival was not based on a written policy of the DOC which has been made part of the record. Rather, as the above-referenced excerpt establishes, the decision was based upon the medical opinion of Lewis. Plaintiff further alleges that Lewis did not perform an adequate examination. Complaint, ¶40. Plaintiff alleges that he informed Lewis that he might kill himself because he was not sure if he could handle his agitated condition and suffering. “Rather than examine plaintiff or inquire further as to his medical needs, defendant Doctor Lewis simply sent plaintiff and his file to the mental health services unit because of plaintiffs threat to kill himself.” Complaint, ¶ 40. In the medical documents completed upon Messina’s arrival, it was noted that Messina was complaining that he was suffering from withdrawal and that he was “complaining of pain all over body.” Winningham Deck, Ex. J at 9, 2. The documents also indicate, among other things, that Messina informed the medical staff that he uses heroin and methadone habitually; that plaintiff had been addicted to heroin for twenty-five years; and that his last dose of methadone had been on April 2, 1992. In summarizing the medical reports, Lewis states that “[plaintiffs test results, physical examination and intake interview revealed no abnormalities in his physical condition, and no recent trauma of any type.” Lewis Affd, ¶ 5. Plaintiff also alleges that the day following his examination, on April 5, 1992, he was continuing to suffer from “serious withdrawal symptoms, including vomiting and chest pains.” Complaint, ¶ 41. When he attended the medical clinic that day for those prisoners who were receiving methadone treatment, he again asked for the drug but was told that he could not receive any since he was not on “the list.” Complaint, ¶ 42. The complaint alleges that plaintiffs condition worsened over the two day period he was at Rikers Island. “His complexion turned ghostlike, and his chest pains became more severe.” Complaint, ¶ 43. In the complaint, Messina alleges that while on his way to court on April 7, 1992, he almost fainted and as a result the Center was contacted to confirm if Messina was in fact in its methadone treatment program. Complaint, ¶ 43. ‡ iH # # £ Based on the above events, plaintiff filed a complaint on July 1, 1993, pursuant to 42 U.S.C. § 1983 against defendants Officer Frederick Mazzeo (“Mazzeo”) and four “John Doe” police officers in both their individual and official capacities for violation of Messi-na’s Fourth Amendment rights; against Correction Officer Watson in his individual and official capacity for violation of Messina’s First Amendment rights; and against “Doctor John Doe # 5” in his individual and official capacity for failure to exercise the degree of care of a reasonably prudent doctor in similar circumstances. Winningham Deck, Ex. A. After stipulating to an extension of time for Mazzeo to respond to the complaint, Messina filed an Amended Complaint on October 7, 1993. Plaintiff added the City of New York as a defendant and asserted a cause of action against it for liability based on the common law doctrine of respondeat superior. Winningham Deck, Ex. C, ¶¶ 69-74. Plaintiff made reference to a notice of claim which was served on the City of New York on June 3, 1992. The notice of claim is attached to the Winningham Declaration as Exhibit N. It asserts that Messina was arrested and held with excessive force; arrested without probable cause; denied access to kosher food; and was wrongfully denied medication. In this second complaint, plaintiff alleged that “Doctor John Doe # 5,” while acting under color of state law, was “deliberately indifferent to plaintiffs serious medical needs_” Winningham Dec!., Ex. C, ¶ 58. Messina also added pendent state law claims against the individual defendants for negligence and negligent infliction of emotional distress, and added a Fourteenth Amendment equal protection claim against Correction Officer Watson. On October 22, 1993, a status conference was held before Magistrate Judge A. Simon Chrein of the Eastern District of New York. Winningham Decl., ¶ 6. Magistrate Chrein ordered defendants to answer plaintiffs interrogatories which sought to identify the police officers, correction officers and medical personnel identified in the first two complaints as possible defendants. Winningham Deck, Ex. E. Magistrate Chrein wrote: “[Except for answering the interrogatories,] discovery is stayed pending resolution of a motion to dismiss which may be filed.” Win-ningham Deck, Ex. E. Plaintiff was given leave to file an amended complaint no later than two weeks after the receipt of the identification interrogatories. Defendants were granted leave to move to dismiss or answer within 45 days after service of the amended complaint. Winningham Deck, Ex. E. After receiving the City of New York’s and Mazzeo’s interrogatory responses on or about November 8, 1993, plaintiff served and filed his Second Amended Complaint on November 22, 1993, naming as individual defendants the persons listed in defendants’ interrogatory responses. These individuals are: Mazzeo, John McGowan, Elander Williams, Marc Alvarez, Scott Harris, Lance Ho and John Keegan (the “defendant Police Officers”). These names were supplied in response to the interrogatory which sought the names of defendants John Does ## 1-4. Defendants had stated in their responses that these officers were on a tour of duty with defendant Mazzeo on April 2, 1992. The responses also stated that Correction Officer Watson was one “Thomas Watson” and that Dr. John Doe #5 was Dr. Ernel Lewis. Defendants thereafter stipulated to the service of a Third Amended Complaint in order to correctly identify Correction Officer Watson as Harold Watson. This complaint— the one presently before the court — was filed on January 7,1994. In the Complaint, plaintiff alleges seven claims for relief. In the second paragraph of the Complaint, defendants Mazzeo, et ah, are defined collectively as “defendant Police Officers” employed by the New York City Police Department. The Complaint then alleges as follows: a. The First Claim for Relief. In the first claim for relief, plaintiff alleges a violation of 42 U.S.C. § 1983 and the Fourth Amendment to the United States Constitution by defendant Police Officers who, acting under color of state law, allegedly “subjected plaintiff to unwarranted, unreasonable and excessive force and failed to intercede to prevent the use of such force despite realistic opportunities to do so_” Complaint, ¶ 48. The first claim for relief also asserts pendent state law claims for the emotional and physical pain and suffering allegedly caused by the defendant Police Officers. b. The Second Claim for Relief The second claim for relief alleges a violation of 42 U.S.C. § 1983 and the First Amendment to the United States Constitution by defendant Watson who, acting under color of state law, allegedly “denied plaintiff the free exercise of his religion, without any legitimate penological objective or compelling state interest-” Complaint, ¶51. The second claim for relief also alleges a pendent state law claim for emotional pain and suffering. c. The Third Claim for Relief. The third claim for relief alleges a violation of 42 U.S.C. § 1983 and the Fourteenth Amendment to the United States Constitution by defendant Watson who, acting under color of state law, allegedly “denied plaintiff the equal protection of the law by intentionally and purposefully discriminating against plaintiff on the basis of his religion, without any compelling governmental interest.... ” Complaint, ¶ 54. The third claim for relief also alleges a pendent state law claim for emotional pain and suffering. d. The Fourth Claim for Relief The fourth claim for relief alleges a violation of 42 U.S.C. § 1983 and the Fourteenth Amendment to the United States Constitution by defendant Lewis who, acting under color state law, was allegedly “deliberately indifferent to plaintiffs serious medical needs_” Complaint, ¶ 57. The fourth claim for relief also alleges a pendent state law claim for emotional and physical pain and suffering. of e. The Fifth Claim for Relief. The fifth claim for relief is a pendent state law claim against all individual defendants for negligence. Specifically, this claim for relief alleges that the individual defendants owed plaintiff a duty of care while he was in their custody, and that by breaching that duty they caused plaintiff emotional and physical pain and suffering. Complaint, ¶¶ 60-62. f. The Sixth Claim for Relief. The sixth claim for relief is a pendent state law claim against all individual defendants for the negligent infliction of emotion distress. This claim for relief alleges a negligent breach of the duty allegedly owed to plaintiff while he was in defendants’ custody. Complaint, ¶¶ 64-66. g. The Seventh Claim for Relief. The seventh claim for relief is a pendent state law claim against the City of New York based on the doctrine of respondeat superior. Specifically, the Complaint alleges that the defendant Police Officers, Watson, and Lewis, while in the employ of the City of New York, and while acting within the scope of their employment, caused plaintiff emotional and physical pain and suffering by their negligence and negligent infliction of emotional distress. Complaint, ¶ 69. Defendants now move to dismiss, or move for partial summary judgment, based on the following: (i) because the complaint fails to allege personal involvement by any of the individual police officers, the Section 1983 causes of action against them should be dismissed; (ii) the first claim for relief should be dismissed pursuant to Rule 12(b)(6) because it fails to adequately allege a violation of the Fourth Amendment; in the alternative, summary judgment should be granted defendants because there is no genuine dispute as to the reasonableness of the force used in arresting Messina; (iii) the second claim for relief should be dismissed because, even if accepted as true, defendant Watson’s remarks and actions do not violate Messina’s First Amendment right to exercise his religion; and the third claim for relief should be dismissed because the complaint does not allege that a group or class of individuals are being treated unfairly for purposes of the Equal Protection Clause of the Fourteenth Amendment; (iv) the fourth claim for relief should be dismissed pursuant to Rule 12(b)(6) because the complaint fails to allege a deprivation of plaintiffs constitutional rights vis-a-vis the medical attention he received at Rikers Island; in the alternative, defendants seek summary judgement on the ground that no reasonable jury could conclude that Lewis was indifferent to Messina’s medical needs; (v) the federal claims against the individual defendants should be dismissed because the defendant Police Officers, Watson, and Lewis are protected by the doctrine of qualified immunity; and (vi) the pendent state law claims against the individual defendants should be dismissed for failure to properly notify their municipal employer pursuant to New York’s Civil Practice Law and Rules, and the pendent state law claim against the City of New York should be dismissed for failure to sue that entity within the applicable statute of limitations period. DISCUSSION I. Section 1983 and Allegations of Personal Involvement Defendants contend that plaintiff has failed' to allege how any of the defendant Police Officers (Mazzeo, McGowan, Williams, Alvarez, Harris, Ho, or Keegan) were personally involved in the alleged violations of Messina’s Fourth Amendment rights, and therefore conclude that all Section 1983 causes of action must be dismissed as against them. As noted above, these individual defendants are defined in the Complaint collectively as “defendant Police Officers.” The Complaint then goes on to state that the “defendant Police Officers” used excessive force in arresting Messina without describing what role each individual defendant played in the alleged constitutional violations. In Alfaro Motors, Inc. v. Ward, 814 F.2d 883 (2d Cir.1987), a tow car company and its owner brought a Section 1983 action against the City of New York for, among other things, its alleged failure to afford them a prompt hearing to review the denial of their applications for tow car medallions. The plaintiff also named as defendants Benjamin Ward, Police Commissioner of the City of New York, and Anthony Savarese, a sergeant in the New York City Police Department. The Second Circuit held that “appellants’ claims against the individual defendants herein cannot stand.” Id. at 886. The court explained: Although the caption of appellants’ complaint names as defendants Benjamin Ward, Police Commissioner of the City of New York, and Anthony Savarese, a sergeant in the New York City Police Department, the complaint is entirely devoid of any allegations of their personal involvement in denying appellants either a prompt hearing or the additional medallions sought. Having failed to allege, as they must, that these defendants were directly and personally responsible for the purported unlawful conduct, their complaint is “fatally defective” on its face. Black v. United States, 534 F.2d 524, 527-28 (2d Cir.1976); accord Owens v. Coughlin, 561 F.Supp. 426, 428 (S.D.N.Y.1983). Id. (emphasis added). Accord Morabito v. Blum, 528 F.Supp. 252, 262 (S.D.N.Y.1981) (“The courts have consistently held that, where the complaint names a defendant in the caption but contains no allegations indicating how the defendant violated the law or injured the plaintiff, a motion to dismiss the complaint in regard to that defendant should be granted.”). Applying this well-settled maxim to the Complaint, it cannot be said that the Complaint “contains no allegations indicating how the defendants] violated the law or injured the plaintiff.” The complaint specifically alleges that all of these individual police officers participated in using excessive force when they arrested Messina, handcuffed him, placed him in the police car, and searched him while at the police station. Federal Rule of Civil Procedure 8(a)(2) provides in part that a pleading must contain “a short and plain statement of the claim showing that the pleader is entitled to relief....” The Complaint fulfills this mandate. The Federal Rules, as illustrated by Rule 8(a), do not require that plaintiff set out a defendant’s precise role in the injurious conduct. It is, however, constitutionally imperative that defendants are put on notice as to the nature of the allegations against them. Plaintiff has done that by alleging that all individual defendants participated in the use of excessive force. It would be asking too much for an arrestee to remember and plead the role each of several police officers played in an alleged instance of police brutality. In this regard, the authorities cited by defendants are inapposite because in those actions the individual defendants were not put on notice as to their role in or their relationship to the actions at issue in the case. For example, in Rodriguez v. Chandler, 641 F.Supp. 1292 (S.D.N.Y.1986), aff'd, 841 F.2d 1117 (2d Cir.1988), a college professor brought an employment discrimination action against his former employer alleging that the college paid him a lower salary than that paid to less senior professors, denied him tenure, and terminated his employment because of his race, his national origin, and his activities as an advocate for faculty and student minority interests at the college. Plaintiff also named as a defendant the chancellor of the college, but the court dismissed the complaint as to him: “Wharton is mentioned in the complaint only in paragraph six, which alleges that none of the complaint’s substantive charges are directed against him and that he is meant only to be included in the prayer for relief. Absent any substantive allegations against Wharton, all claims against him must be dismissed.” Id. at 1294 n. 1. In other authorities cited by defendants, the plaintiff had failed to establish that an individual defendant was personally involved and hence summary judgment was appropriate. E.g., Williams v. Smith, 781 F.2d 319 (2d Cir.1986) (where prison guard had only filed a report and was not personally involved in a hearing which plaintiff alleged had violated his due process rights, summary judgment was appropriate because plaintiff had failed to raise an issue of material fact regarding the personal involvement of the guard). More relevant to the action before the court is Brown v. Coughlin, 758 F.Supp. 876 (S.D.N.Y.1991). In Brown, a state prisoner brought a Section 1983 action alleging deliberate indifference to his medical needs against various state and municipal individual defendants (commissioner, doctors, superintendent). The state defendants maintained that the complaint contained no allegations that the commissioner and/or the superintendent participated in any of the alleged deprivations of plaintiffs medical care and hence the federal claims should be dismissed as to them. The court, however, held that the pleadings were sufficient to withstand summary dismissal on the pleadings because “enough information can be gleaned from the facts as pleaded to show that Coughlin and Dalsheim could be charged with knowledge of the unconstitutional conditions pervading at Downstate in accordance with a low standard of health care delivery at the facility.” Id. at 889. So too in this action: enough information can be gleaned from the facts as pleaded to show that Mazzeo, McGowan, Williams, Alvarez, Harris, Ho and Keegan participated in the use of excessive force in arresting and restraining Messina on April 2, 1992. This is because the Complaint alleges that they all participated in a group arrest of Messina in which excessive force was allegedly used. Also instructive is Brook v. Thornburgh, 497 F.Supp. 560 (E.D.Pa.1980). In Brook, the plaintiff brought an action against certain state officials pursuant to Sections 1983 and 1985 alleging that his discharge as an attorney examiner at the state’s department of revenue was solely based on his political sponsorship by and affiliation with the Democratic party, in violation of the First and Fourteenth Amendments. There, the defendants also contended that the complaint should be dismissed because it did not allege with sufficient specificity the personal involvement of each defendant in the allegedly unconstitutional acts. Like the complaint at issue in this action, the complaint in Brook alleged that all individual defendants participated in the unconstitutional actions at issue in the case (i.e., the effort to drive Democratically affiliated and sponsored employees from their state jobs), and then later specified the tactics used by the defendants {e.g., elimination of office space and telephone service). The court refused to dismiss the complaint for failure to adequately plead personal involvement by the defendants: While the complaint does not specify which defendant took which specific action, it does put all the defendants on notice as to those actions in which they are all accused of participation.... The complaint does not simply set forth conclusory allegations that plaintiff was denied first amendment rights without stating how he was so de-prived_ In this case, personal involvement on the part of all defendants has been alleged_ Under the federal notice pleading, this complaint is sufficient. Defendants will have ample opportunity to develop by deposition or interrogatories, or both, whatever fuller exposition of plaintiffs claim they require for their defense. Id. at 562 (citations omitted). In their Reply Memorandum, however, defendants argue that Brook is inapplicable because there the defendants were alleged to have participated in every specific act of wrongful termination alleged by the plaintiff which, defendants contend, is not the case here. Defs.’ Reply Mem. at 10. The defendants’ reading of Brook, however, would require an arrestee to detail who delivered which specific blow in order to survive a Rule 12(b)(6) motion. The Federal Rules of Civil Procedure, as noted above, do not require such exactitude notwithstanding the Second Circuit’s constant admonition that the personal involvement of a defendant is a strict prerequisite to the imposition of monetary liability for violations of 42 U.S.C. § 1983. Alfaro Motors, Inc. v. Ward, 814 F.2d 883 (2d Cir.1987); Williams v. Smith, 781 F.2d 319 (2d Cir.1986); Black v. United States, 534 F.2d 524 (2d Cir.1976). Rather, in Brook, the complaint alleged that all individual defendants participated in the unconstitutional efforts and later delineated the means used. Here as well, Paragraphs 2 and 17-26 of the Complaint put all individual defendants on notice as to the nature of the allegations brought against them (use of excessive force in executing an arrest) and hence a Rule 12(b)(6) dismissal would be inappropriate. As of this writing there are also disputed issues of fact regarding the personal involvement of these individual defendants. Neither Messina nor the defendant Police Officers submitted affidavits in connection with this motion and no depositions have yet been taken. Discovery, however, should uncover the exact role each police officer played or did not play in the arrest, and the court can entertain, at the proper time and if the discovery so warrants, a motion for summary judgment on the issue of personal involvement. However, based on the pleadings, the motion to dismiss the Section 1983 causes of action against the individual defendants, for failure to adequately allege personal involvement, is denied. II. The Excessive Force Claim As noted above, defendants have moved pursuant to Rule 12(b)(6) for an order dismissing plaintiffs first cause of action against the defendant Police Officers for a violation of Messina’s Fourth Amendment rights. In the alternative, defendants’ seek partial summary judgment on this cause of action. A. Motion to Dismiss Standard When deciding a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must take all allegations in the complaint as true and draw all reasonable inferences in favor of the plaintiff. Ortiz v. Cornetta, 867 F.2d 146, 149 (2d Cir.1989). A complaint should not be dismissed “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); see also Easton v. Sundram, 947 F.2d 1011, 1014-15 (2d Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 1943, 118 L.Ed.2d 548 (1992). The court’s consideration on a motion to dismiss is limited to the factual allegations in the complaint; documents incorporated by reference into the complaint; matters of which judicial notice may be taken; and documents either in plaintiffs possession or of which plaintiff had knowledge and relied on in bringing suit. Brass v. American Film Technologies, Inc., 987 F.2d 142, 150 (2d Cir.1993). Therefore, in order to dismiss Messina’s first claim for relief, it must be beyond doubt that plaintiff can prove no set of facts in support of his claim for a violation of the Fourth Amendment to the United States Constitution. In Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989), the Supreme Court of the United States overruled prior Second Circuit precedent that allowed a jury to consider subjective factors such as “malice” and “good faith” in determining whether the force used by persons acting under color of state law was excessive. Because of Connor, “the jury need only consider whether the officers acted reasonably in light of the facts and circumstances of the situation they faced, without regard to their underlying motives or subjective intent toward the suspect.” Anderson v. Branen, 17 F.3d 552, 559 (2d Cir.1994). Because the test is now one of objective reasonableness — without any reference to the officers’ subjective state of mind — a motion to dismiss an excessive force claim is appropriate if, accepting all of the allegations as true, it is clear that the force used by the officers was objectively reasonable under the circumstances. See, e.g., Roundtree v. City of New York, 778 F.Supp. 614 (E.D.N.Y.1991). In this case, defendants contend that accepting all of plaintiffs allegations as true, defendants used objectively reasonable force and therefore the complaint must be dismissed; in other words, that the amount of force used was not excessive as a matter of law. Defendants’ contention, however, does not withstand scrutiny: accepting Messina’s allegations as true, which a court must on a motion to dismiss, then it is a fact that the defendant Police Officers, among other things, slapped Messina without any provocation while he was in the police car and handcuffed and that he suffered injuries to his right wrist, abdomen, face and legs, because of those and other blows. It may reasonably be held that the unprovoked slapping of a handcuffed prisoner while under custody in a police car is an example of an amount of force which is excessive as a matter of law. An examination of cases where courts have dismissed an excessive force claim on a motion to dismiss quickly uncovers the infirmity of defendants’ contention. In Bates v. Westervelt, 502 F.Supp. 94 (S.D.N.Y.1980), relied upon by defendants, the plaintiff alleged that his arresting officer entered the inmate holding area and struck one of his fellow inmates in the face. The plaintiff then alleged that he yelled for help and was himself hit in the ribs by the defendant. Id. at 95. The court granted defendant’s Rule 12(c) motion for judgment on the pleadings and his Rule 12(b) motion to dismiss because “[a]s to plaintiffs claim against defendant Officer Westervelt, it cannot be construed to rise to the level of a constitutional violation.” Id. at 96. The court explained: Not every tort creates a § 1983 claim for remedy. While an assault by a law enforcement officer upon an inmate may be a serious deprivation of that inmate’s rights, it is necessary to determine if there was a need for the use of force, the amount of force used, and the extent of injury. Johnson v. Glick, 481 F.2d 1028 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 324 (1973). Plaintiff has offered no evidence as to the extent or existence of any injury he received from Officer West-ervelt. Neither side has alleged any circumstances which would have required the use of force against plaintiff. However, applying the standard of Johnson, it does not appear that Officer Westervelt’s conduct “crossed the constitutional line” so as to have deprived plaintiff of his constitutional rights. Fowler v. Vincent, 452 F.Supp. 449 (S.D.N.Y.1978). Id. The analysis and holding of Bates highlights that a motion to dismiss an excessive force claim is only appropriate when it is clear that the violence at issue is an isolated incident which, when taking into account all of the circumstances, establishes that excessive force was not used. Such is not the case in this action because the Complaint alleges many unnecessary slaps and blows during arrest, the ride to the police station, and during the search at the police station. The complaint in Johnson v. Glick, 481 F.2d 1028 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 324 (1973), however, presents a situation more akin to the facts alleged in this action. In Johnson, the plaintiff alleged, inter alia, that a guard reprimanded him, struck him twice in the head, threatened him, and detained him for two hours. The Second Circuit reversed the district court which had dismissed the complaint pursuant to Rule 12(b)(6). Although the court’s reference to the guards’ subjective state of mind is no longer good law in light of Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989), see supra, the Court’s determination that plaintiffs complaint survived summary dismissal based on the pleadings is significant. The court wrote that, Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers, violates a prisoner’s constitutional rights. In determining whether the constitutional line has been crossed, a court must look to such factors as the need for the application of force, the relationship between the need and the amount of force that was used, the extent of injury inflicted, and whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm. Taking this view, and reading the complaint with the generosity required in pro se civil rights actions ... we think it stated a claim against Officer Fuller. Johnson, 481 F.2d at 1033 (citation omitted). In Johnson, the plaintiff alleged an isolated incident of violence by a prison guard and his Section 1983 action was not dismissed. In fact, the dissent in Johnson noted that in cases prior to the court’s decision, “the actions of the prison officials evidenced a continuing pattern of misconduct, which assumed constitutional proportion; here, the action of Officer Fuller- falls short of the conduct proscribed in Inmates and Martinez, supra, in terms of both duration and type of punishment inflicted. As the majority note [sic], the complaint here ‘alleged a single, spontaneous incident, unforeseen and unforeseeable by higher authority.’ ” Id. at 1035 (Moore, J., dissenting). In this case, Messi-na has alleged even more than one isolated incident of excessive force by a person acting under color of state law: he alleges unprovoked violence at the scene of the arrest, in the police car, and at the police station. Therefore, even under Judge Moore’s dissent (which was rejected by the Second Circuit), plaintiff has pleaded a Section 1983 cause of action for excessive force. Defendants argue, however, that because plaintiff has not claimed any serious injury resulting from the alleged use of excessive force, his complaint must be dismissed as a matter of law. See Defs.’ Mem. at 15 (“plaintiff cannot claim that he suffered any actual physical injury as a result of this ‘unreasonable force;’ rather, he merely claims that he suffered ‘emotional and physical pain and suffering_’”). In Robison v. Via, 821 F.2d 913 (2d Cir.1987), however, the court took a different view of the amount of injury needed to sustain an excessive force claim. In Via, the court affirmed the denial of summary judgment on an excessive force claim brought pursuant to 42 U.S.C. § 1983 against a state trooper. The plaintiff had alleged that the trooper had “pushed” her against the inside of the door of her car, “yanked” her out, “threw [her] up against the fender,” and “twisted [her] arm behind her back.” Id. at 923-24. The plaintiff testified that she suffered bruises lasting a “couple of weeks.” The court held that assertions such as these are sufficient to prevent the summary dismissal of a Section 1983 claim for excessive force. In so holding the court wrote, While Robison did not seek medical treatment for her injuries, and this fact may ultimately weigh against her in the minds of the jury in assessing whether the force used was excessive, this failure is not fatal to her claim. If the force used was unreasonable and excessive, the plaintiff may recover even if the injuries inflicted were not permanent or severe. See Norris v. District of Columbia, 737 F.2d 1148, 1150-52 (D.C.Cir.1984); Bowman v. Casler, 622 F.Supp. 836, 838 (N.D.N.Y.1985); see also Bellows v. Dainack, [555 F.2d 1105 (2nd Cir.1977)] in which the description of the events did not suggest that plaintiff had been seriously or permanently injured. Id. at 924. See also Johnson v. Doherty, 713 F.Supp. 69, 71 (S.D.N.Y.1989) (summary judgment for police officers is denied because fact issue existed as to whether excessive force was used by officers notwithstanding that plaintiffs injuries appeared to be minor; “The fact that an injury is neither permanent nor severe or that the victim required no medical treatment is not fatal to a § 1983 claim.”). A lack of an allegation of serious physical injury stemming from Messina’s arrest and search does not, therefore, require a Rule 12(b)(6) dismissal. In the Eighth Amendment context, the Court has also determined that the use of excessive force against a prisoner may constitute cruel and unusual punishment even when the inmate does not suffer serious injury. Hudson v. McMillan, - U.S. -, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992) (reversing Fifth Circuit’s holding that inmates alleging use of excessive force in violation of the Eighth Amendment must prove “significant injury”). Defendant also brings to the court’s attention a number of cases where isolated, minor altercations between persons acting under color of state law and plaintiffs did not rise above the level of common law battery and hence the court found no constitutional violation in the defendant’s actions. E.g., Roundtree v. City of New York, 778 F.Supp. 614, 622 (E.D.N.Y.1991) (where plaintiff alleged that he was pushed into a police car this court dismissed the complaint because “to conclude that a ‘push’ that does not cause the slightest of physical injuries to the plaintiff is nonetheless an actionable use of excessive force would be to hold that any physical contact by an arresting officer with the arrested person is actionable.”) (emphasis in original); Santiago v. Yarde, 487 F.Supp. 52, 54 (S.D.N.Y.1980) (where plaintiff does not allege that he was struck or kicked by prison guard or sought medical treatment, summary judgment for defendant on Section 1983 cause of action is appropriate because “[a]n allegation of unspecified bruises on the arms and legs does not ‘shock the conscience’ in the context of this case, where plaintiff does not controvert the defendant’s claim that he and the other correction officers were engaged in a good faith effort to maintain order and discipline during an institutional search procedure.”). However, the differences between Messina’s complaint and the allegations in Roundtree and Santiago are manifest: Messina alleges repeated slaps and blows at the scene of the arrest, in the police ear’, and at the station house. Furthermore, unlike the plaintiffs in Roundtree and Santiago, Messina alleges that “[a]s a result of the excessive force used by defendant Police Officers ... plaintiff sustained physical injuries to his right wrist, abdomen, face and legs, causing him to suffer intense pain, and emotional pain and suffering.” Complaint, ¶ 25. Defendants also argue that a 12(b)(6) dismissal is appropriate because the context of this case establishes that, as a matter of law, the force used by the defendant Police Officers was not excessive. Defs.’ Mem. at 15 (“Moreover, plaintiffs own allegations demonstrate the necessity of force in effecting his arrest. Plaintiff affirmatively admits in his complaint that he fled from police officers ... who witnessed him in the purchase of drugs_ Under these circumstances, officers were clearly justified in using force to effect his arrest.”) (citations omitted). Defendants’ argument, however, ignores the allegations, which must be accepted as true on a motion to dismiss, that Messina was beaten while he was handcuffed and under the custody of the defendant Police Officers both in the police car and at the police station. Although defendants contend that the police records attached to their moving papers also establish that excessive force was not used (e.g., the police log which reveals that Messi-na was in good condition when he arrived), these same records reveal that Messina was not charged with escape, resisting arrest or assault and that he, in fact, did not attempt to escape, commit suicide or assault on officer. Given his allegations of unprovoked violence, the silence in the defendants’ records regarding escape and the like further indicates that a Rule 12(b)(6) motion would be premature. Defendants also argue that a Rule 12(b)(6) order is required because taken separately Messina’s allegations of tight handcuffs and objectionable statements by the defendant Police Officers do not state a Section 1983 claim for violation of the Fourth Amendment. Defs.’ Mem. at 15 (citing Brumfield v. Jones, 849 F.2d 152, 156 (5th Cir.1988) (handcuffs which cause discomfort does not constitute excessive force) and Marquez-DeJesus v. Asuega, No. 86 Civ. 9210, 1989 WL 252647 at *3 (S.D.N.Y. Jan. 9, 1989) (“it is well established that the mere use of words without physical injury does not violate the Constitution.”)). The point to be made here, of course, is that Messina is not alleging a constitutional violation based on the use of handcuffs or words alone; rather, his Complaint alleges a pattern of abuse from the moment of arrest to his strip search at the police station. Finally, defendants argue that “[w]ith respect to plaintiffs claims of subsequent use of force, plaintiff does not state a claim that rises to the level of a § 1988 violation.” Defs.’ Mem. at 15 (citing Roundtree). As demonstrated above, however, Messina’s complaint is very different from the complaint contained in Roundtree; here, Messina alleges, among other things, a particularly harsh and unprovoked attack while in custody (e.g., Complaint, ¶ 23 (Messina is hit in the back of the knees with a nightstick)). In sum, the allegations of excessive force in plaintiffs complaint are neither conclusory nor bare. They set forth a set of facts which, if proven, would permit a jury to find that defendants used excessive force in arresting and searching plaintiff. A motion to dismiss the complaint pursuant to Rule 12(b)(6) would, therefore, be inappropriate. Simpson v. Saroff, 741 F.Supp. 1073, 1078 (S.D.N.Y.1990) (in denying defendant’s motion for summary judgment, court holds that allegations by plaintiff of “punched stomach, swollen and bleeding wrists from tight handcuffs, as well as a faintly detectable scar on her left wrist” states claim for use of excessive force under Section 1983). B. Summary Judgment Standard As noted above, defendants have moved, in the alternative, for summary judgment dismissing plaintiffs first cause of action against the defendant Police Officers. It is therefore necessary to review the standards for granting summary judgment pursuant to Federal Rule of Civil Procedure 56. Summary judgment “shall be rendered forthwith if ... there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). In opposing a properly supported summary judgment motion, “an adverse party may not rest upon the mere allegations or denials of [its] pleading, but [its] response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). “The moving party is ‘entitled to a judgment as a matter of law’ [if] the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). In deciding a summary judgment motion the court need not resolve disputed issues of fact, but need only determine whether there is any genuine issue to be tried. Eastman Mach. Co. v. United States, 841 F.2d 469, 473 (2d Cir.1988). A genuine factual issue exists if there is sufficient evidence favoring the nonmovant such that a jury could return a verdict in its favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986). The nonmoving party, therefore, must come forward with facts, and not doubts, as to the veracity of the moving party’s allegations: “Rule 56(e) ... requires the nonmoving party to go beyond the pleadings and by her own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. One of the purpose’s of summary judgment, therefore, “is to isolate and dispose of factually unsupported claims or defenses.” Id. at 323-24, 106 S.Ct. at 2553. “In assessing the record to determine whether there is a genuine issue of fact, the court is required to draw all factual inferences in favor of the party against whom summary judgment is sought.” Ramseur v. Chase Manhattan Bank, 865 F.2d 460, 465 (2d Cir.1989). Defendants argue that summary judgment is appropriate on the first claim for relief because any claim that plaintiff suffered an injury of constitutional dimensions is “belied by contemporaneous records of plaintiffs condition.” Defs.’ Mem. at 16. See also Defs.’ Reply Mem. at 14 (“defendants are entitled to summary judgment where plaintiff fails by even submitting his own affidavit to demonstrate a genuine issue of material fact by controverting materials offered by defendants which demonstrate that, in fact, no excessive force was used.”). As noted above, the police log book, attached as Exhibit K to the Winningham Declaration, states that at 1650 on April 2, 1992, “P.O. Mazzeo sh #26731 present with [?] arrest ... #2) James Messina M/W/38 DOB 6/12/52 address 128 Baruch PI. N.Y., N.Y. for [criminal possession of a controlled substance,] cond-good[,] funds $127.00.” Defendants also draw the court’s attention to the photographs of Messina which are attached to his prison documents and which, defendants contend, indicate that plaintiff was not physically abused by the defendant Police Officers. Winningham DecL, Exs. L, M. Defendants also rely on the medical records submitted by defendants, and the affidavit of Lewis, which, defendants contend, reveal that Messina was not suffering from a serious physical injury when he arrived at Rik-ers Island on April 4, 1992. Lewis’s April 4, 1992, physical examination sheet, for example, states that Messina was not suffering from any head or other trauma. Winning-ham Deck, Ex. J at 2. In his affidavit, Lewis also states that, Plaintiffs test results, physical examination and intake interview revealed no abnormalities in his physical condition, and no recent trauma of any type. His pulse, temperature and blood pressure were normal. Plaintiff complained of generalized pain over his body. Lewis Affd, ¶ 5 (citations omitted). These observations were recorded two days following the arrest. As pointed out above, however, the minimal extent of a plaintiffs injury is not a bar to a Section 1983 cause of action against a person acting under color of state law. Robison v. Via, 821 F.2d 913 (2d Cir.1987); cf. Hudson v. McMillan, - U.S. -, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992). Therefore, even if accepted as accurate and unbiased, the records which indicate no serious injury could not alone support a motion for summary judgment on plaintiffs first claim for relief. Although Messina has not submitted an affidavit asserting that he was arrested with excessive force, neither have any of the individual Police Officers submitted affidavits detailing the facts of the arrest and search. Furthermore, as noted above, Magistrate Chrein stayed all discovery. (other than interrogatory answers) pending the outcome of what defendants had contended would be a motion to dismiss, not a motion for summary judgment. See Winningham Deck, Ex. E (“... discovery is stayed pending resolution of a motion to dismiss which may be filed.”). The contemplated motion was, therefore, a motion aimed at the pleadings, not the facts, and hence plaintiff has not had an opportunity to depose the individual police officers, Lewis, or the individuals who also examined Messina upon his arrival at Rikers Island. Summary judgment would therefore be premature. Moreover, irrespective of the stay in discovery, a review of the ease law in this circuit reveals that, as a general rule, the issue of whether excessive force was used is for the jury to decide, even though the amount of force used and the extent of injury asserted may be minimal. For example, in Calamia v. City of New York, 879 F.2d 1025 (2d Cir.1989), the evidence presented at trial established that an arrestee had been shoved in the chest by a police officer, thrown to the floor, and tightly handcuffed for 5-6 hours. The jury found for plaintiff on the excessive force claim. Defendant moved for judgment notwithstanding the verdict (“n.o.v.”) or a new trial based on the assertion that the evidence was insufficient to establish excessive force. The Second Circuit held that the defendant was entitled to a new trial on the claim of excessive force because of flawed jury instructions. The court also held, however, that the defendant was not entitled to judgment n.o.v.; the evidence was enough to send the issue of excessive force to the jury: Nonetheless, though the instructions on the excessive-force claim were flawed, the evidence of record sufficed to warrant submission of his claim to the jury and to warrant denial of Sutton’s motion for judgment n.o.v. The record showed that as soon as Calamia answered Sutton’s knock at his door, Sutton shoved him to the floor and immediately cuffed his hands behind his back. There was evidence that the handcuffs were unduly tight, and though Sutton argues to us that Calamia’s discomfort was “momentary,” Calamia testified that he was kept in this painful condition for five or six hours before being taken to the police station. It was for the jury to determine whether Sutton’s conduct in connection with the arrest, pushing Cala-mia to the floor and causing him to remain there in a painful posture without circulation in his hands for many hours while officers collected the property was, as an objective matter, reasonable. The denial of judgment n.o.v. on this claim was proper. Id. at 1035 (emphasis added). The holding and analysis in Calamia strongly suggests that the issue of excessive force is better left to the jury if the plaintiff is able to establish, at the very least, that force was used and some injury was sustained. Plaintiff should be allowed to develop such evidence through discovery (specifically the depositions of the individual police officers) before the case is summarily dismissed pursuant to Rule 56. III. The Freedom of Religion Claim Defendants have moved for an order pursuant to Rule 12(b)(6) dismissing plaintiffs second and third claim for relief against Correction Officer Watson which alleges a deprivation of Messina’s First and Fourteenth Amendment rights. As recounted above, the Complaint alleges that Watson refused to mark Messina as Jewish on his intake sheet and provided him with an orange identification card instead of a blue identification card which grants prisoners access to kosher food. Complaint, ¶ 29. A. The First Amendment The First Amendment to the Constitution of the United States provides in part that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof!.]” U.S. Const, amend I. The First Amendment is applicable to state defendants through the Fourteenth Amendment. Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972) (reversing 12(b)(6) dismissal where complaint alleged that plaintiff was a Buddhist and was not permitted to use the state prison chapel although other prisoners, who were members of other religious sects, were permitted to use the chapel). By its very terms, the First Amendment circumscribes the right of a state actor to prohibit the exercise of one’s religion. Therefore, it is not surprising that the courts, when applying this amendment in the context of a state or federal prison, apply a balancing test between the rights of a prisoner to engage in activities associated with his or her system of beliefs, versus the needs of the prison officials to administer their facilities safely and efficiently. For example, the seminal case on the First Amendment rights of prisoners in the Second Circuit is Kahane v. Carlson, 527 F.2d 492 (2d Cir.1975). In Kahane, the plaintiff sought “orders requiring the prison administrators to conform the conditions of his incarceration to his religious beliefs concerning diet and prayer.” Id. at 493. The court held that the prison officials cannot unnecessarily deprive the prisoner of kosher food: “We agree with the court below that the prison authorities are proscribed by the constitutional status of religious freedom from managing the institution in a manner which unnecessarily prevents Kahane’s observance of his dietary obligations.” Id. at 495. The court reasoned that a denial of kosher food could not be justified by “any important or substantial government interest,” Id. at 495 n. 6, and that providing kosher food did not represent an insurmountable burden. Given the First Amendment’s protection of one’s right to exercise his or her religious beliefs and the demands of administering a penal institution, the cases are legion with examples of religious practices which either do or do not impermissibly impact on a legitimate penological objective or compell