Jack W. Friend Michael Wethern Jeffrey D. Gray v. Ronald Kolodzieczak, Harold Estes Chuck Green R.A. Frist A. Theobald

ORDER

The request for publication is GRANTED. The memorandum disposition filed in this case on October 24, 1990 is hereby designated as an opinion.

OPINION

In this class action, inmates of Alameda North County Jail appeal the summary judgment in their section 1983 action challenging as unconstitutional a prison regulation prohibiting them from possessing rosaries and scapulars in their cells. We affirm.

On behalf of all Roman Catholic prisoners of the North County Jail, plaintiffs alleged in their complaint that the defendants denied them (1) the right to possess rosaries and scapulars in their cells, and (2) the opportunity to attend Roman Catholic services and to participate in religious sacraments performed by a Roman Catholic priest. They sought declaratory and in-junctive relief and damages.

The defendants’ answer generally denied that they had refused plaintiffs access to Roman Catholic services and sacraments, but admitted that the plaintiffs were not permitted to possess rosaries and scapulars in their cells.

The plaintiffs were prohibited from keeping rosaries and scapulars in their cells pursuant to a jail policy limiting items that inmates may have in their cells…