A judge has dismissed a lawsuit accusing the Lancaster County jail of serving a Muslim inmate pork while he was awaiting trial on a drug charge.
Dario Scott, 48, pleaded guilty to the cocaine charge and is serving three to five years in the Community Corrections Center, a state-run prison in Lincoln.
In a lawsuit filed in October, Scott said staff at the Lancaster Correctional Facility served him a sausage and cheese scrambler with pork in it, despite assurances the jail's kitchen didn't serve pork, which Muslims often refrain from eating.
Scott sought $250,000, saying he became "physically and emotionally ill" after eating the pork and wrote a complaint to staff at the jail. He said the scramblers were pulled from the kitchen after it was discovered they contained pork, but he continued to suffer because of the situation.
The jail asked District Judge John Colborn to dismiss Scott's lawsuit, because Scott didn't file a tort claim first with the county clerk, as is required by state law.
Colborn dismissed the case without prejudice, meaning Scott could refile.