Mockaitis

The Reverend Timothy Mockaitis (Mockai-tis) and the Most Reverend Francis E. George, O.M.I. (George) appeal the dismissal by the district court of their suit against F. Douglass Hareleroad (Hareleroad); the Honorable Jack A. Billings (Billings); the Honorable Kip W. Leonard (Leonard); Conan Wayne Hale (Hale); Jonáthan Wayne Sus-bauer (Susbauer); and John Does Nos. 1-5. We reverse the district court and remand for entry of an injunction.

FACTS

We summarize the pertinent facts as presented by stipulation, affidavits, exhibits and uncontested testimony in the district court:

Mockaitis is a Catholic priest of the archdiocese of Portland, Oregon. On occasion he has administered the Sacrament of Penance to inmates of the Lane County Jail. George is the Catholic archbishop of Portland and is responsible for the proper celebration of Catholic sacraments within his archdiocese, which includes Lane County.

Hareleroad is the District Attorney for Lane County and is responsible for the prosecution of crimes within the county. Leonard and Billings are circuit judges of the county. In the spring of 1996 Hale and Susbauer were both inmates of the county jail. Hale was twenty years…