Filed Date: July 18, 1987
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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)
Ferguson, Warren John (California)
Goodwin, Alfred Theodore (California)
O'Scannlain, Diarmuid Fionntain (Oregon)
Ochs, Sue (California)
Brooks, Maureen C. (California)
Ferguson, Warren John (California)
Goodwin, Alfred Theodore (California)
O'Scannlain, Diarmuid Fionntain (Oregon)
Patel, Marilyn Hall (California)
Pregerson, Dean D. (California)
Last updated April 1, 2024, 3:02 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
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):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-basis:
Type of Facility: