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)

Patel, Marilyn Hall (California)

Pregerson, Dean D. (California)

Attorneys(s) for Plaintiff

Ochs, Sue (California)

Schwartz, Amitai (California)

Attorneys(s) for Defendant

Brooks, Maureen C. (California)

Reynolds, Richard L. (California)

Judge(s)

Ferguson, Warren John (California)

Goodwin, Alfred Theodore (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Patel, Marilyn Hall (California)

Pregerson, Dean D. (California)

Attorneys(s) for Plaintiff

Ochs, Sue (California)

Schwartz, Amitai (California)

Attorneys(s) for Defendant

Brooks, Maureen C. (California)

Reynolds, Richard L. (California)

Documents in the Clearinghouse

Document

Order and Opinion

U. S. Court of Appeals for the Ninth Circuit

923 F.2d 126

Jan. 3, 1991 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

965 F.2d 682

May 19, 1992 Order/Opinion

Memorandum Decision

Kolodzieczak v. Friend

Supreme Court of the United States

506 U.S. 1075, 113 S.Ct. 1038, 122 L.Ed.2d 348

Jan. 19, 1993 Order/Opinion

Order

U. S. Court of Appeals for the Ninth Circuit

992 F.2d 243

May 18, 1993 Order/Opinion

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

1993 WL 372252, 1993 U.S.Dist.LEXIS 12900

Sept. 14, 1993 Order/Opinion

Order

U. S. Court of Appeals for the Ninth Circuit

65 F.3d 1514

Sept. 19, 1995 Order/Opinion

Order Amending Order

U. S. Court of Appeals for the Ninth Circuit

72 F.3d 1386

Sept. 19, 1995 Order/Opinion

Memorandum Decision

Kolodzieczak v. Friend

Supreme Court of the United States

516 U.S. 1146, 116 S.Ct. 1016, 134 L.Ed.2d 96

Feb. 26, 1996 Order/Opinion

Resources

Title Description External URL

Calibrating the Eighth Amendment: Graham, Miller, and the Right to Mental Healthcare in Juvenile Prison

Sara McDermott

Young people locked up in juvenile prisons have an enormous need for mental healthcare, one which juvenile prisons have consistently found themselves unable to meet. As a result, many incarcerated yo… Jan. 1, 2016 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2752619

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

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

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Religious programs / policies

Type of Facility:

Government-run