United States Ninth Circuit

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Hartman v. California Department of Corrections and Rehabilitation, 11-16008

Judgment dismissing suit brought by plaintiff-prisoners seeking to require defendants to hire a qualified Wiccan chaplain and to enjoin them from applying non-neutral criteria in determining future chaplain hiring needs, is: 1) affirmed in part on the dismissal of plaintiffs' Free Exercise, Equal Protection, and Religious Land Use and Institutionalized Persons Act claims because plaintiffs admittedly benefit from the services provided by a volunteer Wiccan chaplain and staff chaplains; but 2) reversed and remanded in part on the claims brought under the Establishment Clause and the California State Constitution because plaintiffs have sufficiently pleaded that defendants' policy constitutes an unconstitutional endorsement of one religion over another.

Appellate Information

  • Decided 02/19/2013
  • Published 02/19/2013

Judges

  • DUFFY

Court

  • United States Ninth Circuit

Counsel