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Case Name Friend v. Kolodzieczak JC-CA-0013
Docket / Court 87-161 ( N.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
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 ... read more >
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.

Megan Raynor - 03/20/2006


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Issues and Causes of Action
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Issues
General
Religious programs / policies
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Alameda County Jail
Plaintiff Description All Roman Catholic Prisoners at Alameda County's North County Jail
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
No docket sheet currently in the collection
General Documents
Order and Opinion 01/03/1991 (923 F.2d 126)
JC-CA-0013-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 05/19/1992 (965 F.2d 682)
JC-CA-0013-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Decision 01/19/1993 (506 U.S. 1075)
JC-CA-0013-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order 05/18/1993 (992 F.2d 243)
JC-CA-0013-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum and Order Re Attorneys' Fees and Costs (On Remand) 09/14/1993 (1993 WL 372252 / 1993 U.S.Dist.LEXIS 12900) (N.D. Cal.)
JC-CA-0013-0006.pdf | WESTLAW| LEXIS | Detail
Order Amending Order 09/19/1995 (72 F.3d 1386)
JC-CA-0013-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order 09/19/1995 (65 F.3d 1514)
JC-CA-0013-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Decision 02/26/1996 (516 U.S. 1146)
JC-CA-0013-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Ferguson, Warren John (C.D. Cal., Ninth Circuit)
JC-CA-0013-0001 | JC-CA-0013-0002 | JC-CA-0013-0004
Goodwin, Alfred Theodore (D. Or., Ninth Circuit)
JC-CA-0013-0005
O'Scannlain, Diarmuid Fionntain (Ninth Circuit)
JC-CA-0013-0001 | JC-CA-0013-0002 | JC-CA-0013-0004
Patel, Marilyn Hall (N.D. Cal.)
JC-CA-0013-0006
Pregerson, Dean D. (C.D. Cal.)
JC-CA-0013-0001 | JC-CA-0013-0002 | JC-CA-0013-0003 | JC-CA-0013-0004
Monitors/Masters None on record
Plaintiff's Lawyers Ochs, Sue (California)
JC-CA-0013-0003 | JC-CA-0013-0005
Schwartz, Amitai (California)
JC-CA-0013-0001 | JC-CA-0013-0004
Defendant's Lawyers Brooks, Maureen C. (California)
JC-CA-0013-0003 | JC-CA-0013-0005
Reynolds, Richard L. (California)
JC-CA-0013-0001 | JC-CA-0013-0003 | JC-CA-0013-0004 | JC-CA-0013-0005
Other Lawyers None on record

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