Ninth Circuit· 7/31/1991

Hewitt v. Joyner

Citations

940 F.2d 1561
91 Cal. Daily Op. Serv. 6611
91 Daily Journal DAR 9303
1991 U.S. App. LEXIS 17083

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that religion clauses of California Constitution are read more broadly than their counterparts in the federal Constitution
noting that California courts have held that aid to religion that is only indirect or incidental to valid secular goals does not violate article XVI, section 5
finding no entanglement where National Labor Relations Board jurisdiction over church-owned school required government involvement only with respect to specific charges filed on behalf of employees and where there was no continuing or systematic monitoring of church activities
‘“A prevailing [civil rights] plaintiff should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.’ ”
“It is well-established that this court should avoid adjudication of federal constitutional claims when alternative state grounds are available.”
“When the state supreme court has not spoken on an issue, we must determine what result the court would reach based on state appellate court opinions, statutes and treatises.”

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26 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

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