Case: Friend v. Kolodzieczak

3:87-cv-00161 | U.S. District Court for the Northern District of California

Filed Date: July 18, 1987

Clearinghouse coding complete

Case Summary

On July 18, 1987, a class of all Roman Catholic prisoners at Alameda County's North County Jail in California filed this civil rights lawsuit under 42 U.S.C. Section 1983 in the U.S. District Court for the Northern District of California, seeking to secure access to religious services and sacramental articles such as rosary beads and scapulars.At hearings on summary judgment, the U.S. District Court for the Northern District of California (Judge Marilyn H. Patel) found that issues regarding pri…

On July 18, 1987, a class of all Roman Catholic prisoners at Alameda County's North County Jail in California filed this civil rights lawsuit under 42 U.S.C. Section 1983 in the U.S. District Court for the Northern District of California, seeking to secure access to religious services and sacramental articles such as rosary beads and scapulars.

At hearings on summary judgment, the U.S. District Court for the Northern District of California (Judge Marilyn H. Patel) found that issues regarding prisoners' access to religious services had been resolved, and granted summary judgment to the jail officials on the issue of whether officials were required to allow prisoners access to rosaries and scapulars at all times. At the court's insistence, defendants developed a written policy regarding accommodation of prisoners' religious needs.

Plaintiffs subsequently brought a motion for attorney's fees and costs. On June 20, 1990, the court granted attorney's fees. Defendants appealed this award to the U.S. Court of Appeals for the Ninth Circuit, which affirmed. Friend v. Kolodzieczak, 965 F.2d 682 (9th Cir. 1992) (Judge Harry Pregerson). Defendants appealed the Ninth Circuit ruling, and the U.S. Supreme Court granted certiorari, vacated the judgment, and remanded the fee award to the Ninth Circuit. Friend v. Kolodzieczak, 506 U.S. 1075 (1993). The Ninth Circuit remanded to the U.S. District Court for the Northern District of California. Friend v. Kolodzieczak, 992 F.2d 243 (9th Cir. 1993)(Judge Pregerson). The District Court found that the fee award was reasonable in light of the success attained and that interest on the award of fees and costs runs from the date that entitlement to fees is secured, and not from date that the exact amount is set. Friend v. Kolodzieczak, No. 87-0161, 1993 WL 372252 (N.D.Cal. Sept. 14, 1993) (Judge Patel). On September 19, 1995, the Ninth Circuit affirmed. Friend v. Kolodzieczak, 65 F.3d 1514 (9th Cir. 1995) (Judge Pregerson).

We do not have the docket in this case.

Summary Authors

Megan Raynor (3/20/2006)

People


Judge(s)

Ferguson, Warren John (California)

Goodwin, Alfred Theodore (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Attorney for Plaintiff

Ochs, Sue (California)

Attorney for Defendant

Brooks, Maureen C. (California)

Judge(s)

Ferguson, Warren John (California)

Goodwin, Alfred Theodore (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Patel, Marilyn Hall (California)

Pregerson, Dean D. (California)

show all people

Documents in the Clearinghouse

Document

89-16703

Order and Opinion

U.S. Court of Appeals for the Ninth Circuit

Jan. 3, 1991

Jan. 3, 1991

Order/Opinion

923 F.2d 923

90-16140

Opinion

U.S. Court of Appeals for the Ninth Circuit

May 19, 1992

May 19, 1992

Order/Opinion

965 F.2d 965

92-00292

Memorandum Decision

Kolodzieczak v. Friend

Supreme Court of the United States

Jan. 19, 1993

Jan. 19, 1993

Order/Opinion

506 U.S. 506

90-16140

Order

U.S. Court of Appeals for the Ninth Circuit

May 18, 1993

May 18, 1993

Order/Opinion

992 F.2d 992

3:87-cv-00161

Memorandum and Order Re Attorneys' Fees and Costs (On Remand)

Sept. 14, 1993

Sept. 14, 1993

Order/Opinion

1993 WL 1993

93-16918

Order Amending Order

U.S. Court of Appeals for the Ninth Circuit

Sept. 19, 1995

Sept. 19, 1995

Order/Opinion

72 F.3d 72

93-16918

Order

U.S. Court of Appeals for the Ninth Circuit

Sept. 19, 1995

Sept. 19, 1995

Order/Opinion

65 F.3d 65

95-00976

Memorandum Decision

Kolodzieczak v. Friend

Supreme Court of the United States

Feb. 26, 1996

Feb. 26, 1996

Order/Opinion

516 U.S. 516

Resources

Docket

Last updated Jan. 26, 2024, 3:04 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Key Dates

Filing Date: July 18, 1987

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All Roman Catholic Prisoners at Alameda County's North County Jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alameda County Jail, County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run