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HITTLE v. CITY OF STOCKTON, CALIFORNIA

No. 22-15485.

76 F.4th 877 (2023)

Ronald HITTLE, Plaintiff-Appellant, v. CITY OF STOCKTON, CALIFORNIA; Robert Deis; Laurie Montes, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2023.

Attorney(s) appearing for the Case

Elisabeth C. Butler (argued) and Aaron M. Streett , Baker Botts LLP, Houston, Texas; Kelly J. Shackelford , Jeffrey C. Mateer , and David J. Hacker , First Liberty Institute, Plano, Texas; Stephanie N. Taub , First Liberty Institute, Cabot, Arizona; Kayla A. Toney , First Liberty Institute, Washington, D.C.; Alan J. Reinach and Jonathon Cherne , Church State Council, Westlake Village, California; for Plaintiff-Appellant.

Spencer J. Wilson (argued), Arthur A. Hartinger , Ryan P. McGinley-Stempel , and Geoffrey Spellberg , Renne Public Law Group, San Francisco, California, for Defendants-Appellees.

David H. Thompson and Joseph O. Masterman , Cooper and Kirk PLLC, Washington, D.C., for Amicus Curiae Global Leadership Network.

Sue Ghosh Stricklett , American Hindu Coalition, Sterling, Virginia; Nicholas M. Bruno , Charles R. Flores , Alyssa B. McDaniel , Zachary T. Nelson , Beck Redden LLP, Houston, Texas; for Amici Curiae Sikh Coalition, Asma Uddin, Jewish Coalition for Religious Liberty, American Hindu Coalition, and Coalition for Jewish Values.

Before: Ronald M. Gould and Sandra S. Ikuta, Circuit Judges, and Edward R. Korman, District Judge.

OPINION

Plaintiff-Appellant Ronald Hittle ("Hittle") was an at-will employee of the City of Stockton, California (the "City") and served as the City's Fire Chief from 2005 through 2011. During his tenure, Hittle engaged in conduct that troubled his employer, and led ultimately to his termination. The City hired...

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