SCHERMERHORN ET AL.

v.

ILLINOIS DEPARTMENT OF REGISTRATION AND EDUCATION ET AL.

Citator

Cited By

• Castillo v. Stainer, 983 F.2d 145 (9th Cir. 1992)
  …haracter that it denies the defendant due process of law. The error then is of constitutional magnitude. We so held in Spain v. Rushen, 883 F. 2d 712, 715 (9th Cir.1989), cert. denied, 495 U.S. 910, 110 S.Ct. 1937, 109 L.Ed.2d 300, and cert. denied, 495 U.S. 948, 110 S.Ct. 2208, 109 L.Ed.2d 534 (1990), the only published decision of this circuit actually finding such a denial of due process. According to our criteria, the trial court “must be persuaded by compelling circumstances” that some measures were n…
• Shapolia v. LOS Alamos Nat'l Lab., 992 F.2d 1033 (10th Cir. 1993)
  …tion). In the instant case, the appellees urge us to apply the two-step procedure for evaluating Title VII religious discrimination claims that this court set forth in Toledo v. Nobel-Sysco, Inc., 892 F. 2d 1481, 1486 (10th Cir.1989), cert. denied, 495 U.S. 948, 110 S.Ct. 2208, 109 L.Ed.2d 535 (1990). Under that procedure, the plaintiff first has the burden of establishing a prima facie case of religious discrimination by proving: “(1) he or she has a bona fide religious belief that conflicts with an emp…