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HARTMANN v. CALIFORNIA DEPT. OF CORRECTIONS

No. 11-16008.

707 F.3d 1114 (2013)

Shawna HARTMANN and Caren Hill, Plaintiffs-Appellants, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; California State Personnel Board; Division of Adult Institutions; Division of Community Partnerships; Central California Women's Facility; Matthew Cate; Sean Harrigan; Richard Costigan; Patricia Clarey; Tom Maely; Anne Sheehan; Suzan Hubbard; Del Sayles-Owen; Barry Smith; Nola Grannis; Mary Lattimore, Warden; Arnold Schwarzenegger; and the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 19, 2013.

Attorney(s) appearing for the Case

David C. Kiernan (argued), Jones Day, San Francisco, California; Thomas Ritchie , Jones Day, Chicago, Illinois; and Barbara McGraw , Moraga, California, for Plaintiffs-Appellants.

Michael D. Gowe (argued), Deputy Attorney General, and Fiel D. Tigno , Supervising Deputy Attorney General, for Defendants-Appellees State Personnel Board, Sean Harrigan, Richard Costigan, Patricia Clarey, Tom Maely, and Anne Sheehan.

Kenneth T. Roost (argued), Deputy Attorney General; Jonathan L. Wolff , Senior Assistant Attorney General; and Thomas S. Patterson , Supervising Deputy Attorney General, for Defendants-Appellees California Department of Corrections and Rehabilitation, Division of Community Partnerships, Central California Women's Facility, Matthew Cate, Del Sayles-Owen, Barry Smith, Mary Lattimore, and the State of California.

Before: RONALD M. GOULD and MILAN D. SMITH, JR., Circuit Judges, and KEVIN T. DUFFY, District Judge.

OPINION

DUFFY, District Judge:

California prisoners enjoy state and federal constitutional rights to exercise their religious beliefs. The California Department of Corrections and Rehabilitation ("CDCR"), in an effort to meet the religious exercise needs of prison inmates, maintains paid full-time and part-time chaplain positions for adherents of five faiths: Catholic, Jewish, Muslim, Native American, and...

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