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THOMPSON v. DEPARTMENT OF CORRECTIONS

No. S071080.

105 Cal.Rptr.2d 46 (2001)

25 Cal.4th 117

18 P.3d 1198

Thomas M. THOMPSON et al., Plaintiffs and Respondents, v. DEPARTMENT OF CORRECTIONS et al., Defendants and Appellants.

Supreme Court of California.

Rehearing Denied May 16, 2001.

Attorney(s) appearing for the Case

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Peter J. Siggins, Assistant Attorney General, Morris Lenk, James M. Humes and Susan Duncan Lee, Deputy Attorneys General, for Defendants and Appellants.

Morrison & Foerster, Jordan Eth, John M. Moynihan, Johanna W. Roberts, Jill Fairbrother, San Francisco, and Kristin L. Taylor for Plaintiffs and Respondents.

KENNARD, J.

The superior court issued a preliminary injunction ordering the California Department of Corrections (CDC) to permit the spiritual adviser of an inmate facing execution to remain with him until 25 minutes before execution, rejecting the CDC's contention that general security concerns necessitated the adviser's departure 45 minutes before execution. The Court of Appeal dismissed the CDC's appeal, holding that the appeal fell within this court's exclusive...

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