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RICH v. WOODFORD

No. 00-99004.

210 F.3d 961 (2000)

Darrell Keith RICH, aka Darrell Edward Young Elk, Henry Adams, and Leonard Forster, Plaintiffs-Appellants, v. Jeanne WOODFORD, Acting Warden of the California State Prison at San Quentin; California Department of Corrections, C.A. ("Cal") Terhune, Director of the California Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2000.

Attorney(s) appearing for the Case

Clyde M. Blackmon, Hill C. Snellings, Karen L. Hamilton, Blackmon & Snellings, Sacramento, California; and James S. Thomson and Saor E. Stetler, Berkeley, California, for the plaintiffs-appellants.

Bill Lockyer, Attorney General, and David P. Druliner, Paul D. Gifford, Morris Lenk, and Danette Valdez, Deputy Attorneys General, San Francisco and Sacramento, California, for the defendants-appellees.

Dissent by Judge REINHARDT; Dissent by Judge KOZINSKI; Dissent by Judge WARDLAW.

Rehearing en banc denied.

REINHARDT, Circuit Judge, with whom PREGERSON, KOZINSKI, and WARDLAW, Circuit Judges, join:

Because I believe that neither the Constitution nor human decency permits us to deny a condemned man his last rites based on the implausible security concerns advanced by the state, I dissent from the refusal to rehear this case en banc.

Shortly after midnight on March 15, 2000, officials from the California Department of Corrections...

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