HAZLE v. CROFOOT

No. 11-15354.

727 F.3d 983 (2013)

Barry A. HAZLE, Jr., Plaintiff-Appellant, v. Mitch CROFOOT, Individually and as Parole Officer of the CDCR; Brenda Wilding, Individually and as Unit Supervisor of the CA Dept. of Corrections; Matthew Cate, Individually and as Unit Supervisor of the CA Dept. of Corrections; Scott Kernan, Individually and as Chief Deputy Secretary of Adult Operations of the CA Dept. of Corrections and Rehabilitation; Tim Hoffman, Individually and as Director of the Division of Adult Parole Operations in California; Deputy Jallins, Individually and as Deputy Commissioner; Westcare, A Nevada Non-Profit Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2013.


Attorney(s) appearing for the Case

John G. Heller (argued) and Suhani Kamdar , Rogers Joseph O'Donnell , San Francisco, CA; Carol D. Quackenbos , Brisbane, CA; Philip A. Leider , Chapman Popik & White, LLP, San Francisco, CA, for Plaintiff-Appellant.

Kamala D. Harris , Attorney General; Jonathan L. Wolff , Senior Assistant Attorney General; Thomas S. Patterson , Supervising Deputy Attorney General; Vickie P. Whitney (argued), Supervising Deputy Attorney General, Sacramento, CA, for Defendants-Appellees Mitch Crofoot, Brenda Wilding, Matthew Cate, Scott Kernan, Tim Hoffman, and Richard Jallins.

Mark G. Bonino (argued) and Miya R. Peard , Hayes, Scott, Bonino, Ellingson & McLay LLP, Redwood City, CA; Wayne H. Maire , Maire & Burgess, Redding, CA, for Defendant-Appellee Westcare California, Inc.

Before: DOROTHY W. NELSON, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.


OPINION

REINHARDT, Circuit Judge:

In 2007, citing "uncommonly well-settled case law," we held that the First Amendment is violated when the state coerces an individual to attend a religion-based drug or alcohol treatment program. Inouye v. Kemna, 504 F.3d 705, 712, 716 (9th Cir. 2007). Plaintiff Barry Hazle is an atheist who, over his numerous objections, was forced as a condition of parole to participate in a residential...

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