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BERRY v. DEPARTMENT OF SOCIAL SERVICES

No. 04-15566.

447 F.3d 642 (2006)

Daniel M. BERRY, Plaintiff-Appellant, v. DEPARTMENT OF SOCIAL SERVICES, Tehama County; Bill Snelson, Director, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 1, 2006.

Attorney(s) appearing for the Case

Anthony J. Poidmore, Roseville, CA, and Brad Dacus and James Griffiths, Pacific Justice Institute, Sacramento, CA, for the plaintiff-appellant.

J. Scott Smith and Laurence L. Angelo, Angelo, Kilday & Kilduff, Sacramento, CA, for the defendants-appellees.

Before: FARRIS, TASHIMA, and CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

Daniel M. Berry filed this lawsuit alleging that his public employer, the Tehama County Department of Social Services ("Department"), was violating his rights under the First Amendment of the United States Constitution and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., by prohibiting him from discussing religion with his clients, displaying religious items in his cubicle, and using a conference room...

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