Case: Jordan v. Pugh

1:02-cv-01239 | U.S. District Court for the District of Colorado

Filed Date: June 28, 2002

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In this prison conditions case brought in 2002 in the U.S. District Court for the District of Colorado, a federal prisoner in the U.S. Bureau of Prison's (BOP) Florence, Colorado Administrative Maximum (ADX) Detention Unit, claimed violation of First Amendment rights in his pro se federal tort claim against BOP officials. The defendants administered 28 C.F.R. 540.20, a BOP prison regulation restricting inmates from publishing articles under their bylines. The plaintiff, represented by the Univ…

In this prison conditions case brought in 2002 in the U.S. District Court for the District of Colorado, a federal prisoner in the U.S. Bureau of Prison's (BOP) Florence, Colorado Administrative Maximum (ADX) Detention Unit, claimed violation of First Amendment rights in his pro se federal tort claim against BOP officials. The defendants administered 28 C.F.R. 540.20, a BOP prison regulation restricting inmates from publishing articles under their bylines. The plaintiff, represented by the University of Denver Civil Rights Clinic, sought declaratory and injunctive relief, contending he had been disciplined by BOP personnel after his essays, naming him as author, were printed by a university student publication.

While the case was pending, the defendants revised their interpretation of the regulation in published "Institutional Supplements," and prohibited the BOP from punishing the plaintiff for his past publishing under a byline. They also expunged the related past disciplinary actions from plaintiff's record.

On May 1, 2006, in view of the defendants' efforts, District Judge Marcia S. Krieger issued an unpublished order (amending it on May 23, 2006, for clarity) dismissing all but one of the plaintiff's claims as moot and prohibiting the BOP from taking adverse action against the plaintiff based upon the now-expunged disciplinary reports. The court retained the claim that the C.F.R. regulation at issue was a facially unconstitutional violation of the First Amendment. Counsel from the Student Law Office of the University of Denver Law School entered appearances on plaintiff's behalf prior to entry of the amended order.

On the eve of trial, the BOP's General Counsel circulated a memorandum to BOP components. It interpreted the challenged regulation and provided specific guidance to prison officials on when to seek discipline for a violation of the regulation. In a January 18, 2007, unpublished order, Judge Krieger rejected defense contentions that the new guidance mooted the case. She set a new trial date.

On May 2, 2007, Judge Krieger, citing security and resource concerns in light of the plaintiff's violent record, denied plaintiff's motion to attend the trial in person rather than monitor it via video from his ADX facility. Also denied was plaintiff's effort to have certain prisoner-witnesses testify at the trial. Jordan v. Pugh, 484 F.Supp.2d 1185 (D.Colo. 2007).

After disposing of other pretrial motions, a bench trial occurred. It resulted in Judge Krieger's August 9, 2007, judgment for the plaintiff. Declaring that the "Byline Regulation" was overbroad and unconstitutional as to the plaintiff, other inmates and the press, the court enjoined the BOP from enforcing the regulation. Jordan v. Pugh, 504 F. Supp.2d 1109 (D. Colo. 2007).

The docket reflects that the BOP did not appeal, but moved to amend the judgement to restrict its application to the individual prisoner only. On October 4, 2007, the court denied this motion in an unpublished order, effectively striking down 28 CFR 540.20 as unconstitutional wherever the BOP enforced it. The parties also contested attorney's fees and costs, but on 12/19/2007 they settled for $90,000. The court approved this settlement the next day in an unpublished order, which is the last entry on the docket.

On April 23, 2010, in order to comply with the District Court's order, the Bureau of Prisons published an interim rule revising 28 CFR 540.20(b). See 75 Fed. Reg. 21163, available in the Civil Rights Clearinghouse database or at http://edocket.access.gpo.gov/2010/pdf/2010-9373.pdf

Summary Authors

Eric Weiler (5/11/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4709179/parties/jordan-v-fbp/


Judge(s)

Brorby, Wade (Wyoming)

Krieger, Marcia S. (Colorado)

McConnell, Michael W. (Utah)

Mix, Kristen L. (Colorado)

Seymour, Stephanie Kulp (Oklahoma)

Attorneys(s) for Plaintiff

Manville, Daniel E. (Michigan)

Rauchway, Jonathan W. (New York)

Rovner, Laura Lee (Colorado)

Ruan, Nantiya (Colorado)

Stevenson, Shannon Wells (Colorado)

Judge(s)

Brorby, Wade (Wyoming)

Krieger, Marcia S. (Colorado)

McConnell, Michael W. (Utah)

Mix, Kristen L. (Colorado)

Seymour, Stephanie Kulp (Oklahoma)

Attorneys(s) for Plaintiff

Manville, Daniel E. (Michigan)

Rauchway, Jonathan W. (New York)

Rovner, Laura Lee (Colorado)

Ruan, Nantiya (Colorado)

Stevenson, Shannon Wells (Colorado)

Attorneys(s) for Defendant

Cook, Marcy Elizabeth (Colorado)

Garcia, J. Benedict (Colorado)

Johnson, Michael Conrad (Colorado)

Leone, William J. (Colorado)

Suthers, John W. (Colorado)

Traskos, Kevin Thomas (Colorado)

Documents in the Clearinghouse

Document

1:02-cv-01239

Docket (PACER)

Jordan v. FPB

Dec. 20, 2007

Dec. 20, 2007

Docket

04-01095

[Court of Appeals] Opinion [Dismissing Appeal of District Court's Order Granting Summary Judgment to Defendants as to Plaintiff's Facial Vagueness Claim and Defendant's Qualified Immunity Defense]

U. S. Court of Appeals for the Tenth Circuit

425 F.3d 820

Sept. 21, 2005

Sept. 21, 2005

Order/Opinion
216

1:02-cv-01239

Order Granting, in Part, the Defendants' Motion to Dismiss on Grounds of Mootness, and Denying the Plaintiff's Motion for Summary Judgment

Jordan v. FBP

2006 WL 1028775, 2006 U.S.Dist.LEXIS 30051

April 17, 2006

April 17, 2006

Order/Opinion
228

1:02-cv-01239

Order [Dismissing as Moot Plaintiff's Claims Relating to Past Application of 28 C.F.R. 540.20(b), Preserving First Amendment Claim Only]

2006 WL 1155295, 2006 U.S.Dist.LEXIS 32576

May 1, 2006

May 1, 2006

Order/Opinion
236

1:02-cv-01239

Amended Order [Dismissing as Moot Plaintiff's Claims Relating to Past Application of 28 C.F.R. 540.20(b)]

2006 WL 1455579, 2006 U.S.Dist.LEXIS 36576

May 23, 2006

May 23, 2006

Order/Opinion
268

1:02-cv-01239

Order Denying [Plaintiff's] Motion to Reconsider and [Defendants'] Motion to Dismiss [re May 2006 Orders]

2006 WL 2583105, 2006 U.S.Dist.LEXIS 66732

Sept. 6, 2006

Sept. 6, 2006

Order/Opinion
301

1:02-cv-01239

Order Setting the Matter for Trial [and Addressing Defendants' Argument That Plaintiff's Claim is Moot]

2007 WL 162754, 2007 U.S.Dist.LEXIS 3724

Jan. 18, 2007

Jan. 18, 2007

Order/Opinion
325

1:02-cv-01239

Order Denying [Plaintiff's] Motions [for Petition of Writ of Habeas Corpus Testificandum and to Present Testiomny of Theodore Kacyznski and Thomas Silverstein]

484 F.Supp.2d 1185

May 2, 2007

May 2, 2007

Order/Opinion
342

1:02-cv-01239

Order on Motions [re Various Trial Issues, Evidence, Communication With Plaintiff]

2007 WL 1552512, 2007 U.S.Dist.LEXIS 37619

May 22, 2007

May 22, 2007

Order/Opinion
354

1:02-cv-01239

Memorandum Opinion and Order [Holding That Plaintiff Has Standing To Challenge 28 C.F.R. 540.20(b) And That It Violates The First Amendment Guarantee Of Free Speech]

504 F.Supp.2d 1109

Aug. 9, 2007

Aug. 9, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4709179/jordan-v-fbp/

Last updated Aug. 11, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
112

ORDER and Notice of Hearing on Law and Motion Calendar, Set Hearings: In Court Hearing set for 10/21/2005 at 08:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. Signed by Judge Marcia S. Krieger on 9/22/05. (erv, )

Sept. 22, 2005

Sept. 22, 2005

RECAP
121

Trial Preparation ORDER - Bench Trial, Set Hearings: Three Day Bench Trial set for 5/30/2006 01:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Final Pretrial Conference set for 4/14/2006 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Signed by Judge Marcia S. Krieger on 11/28/05. (erv, )

Nov. 28, 2005

Nov. 28, 2005

RECAP
126

ORDER granting 125 Motion to Appoint Counsel, denying 125 Motion for Preliminary Injunction. Clerk to canvass pro bono panel for willingness to accept appointment. Signed by Judge Marcia S. Krieger on 1/5/06. (gms, )

Jan. 5, 2006

Jan. 5, 2006

RECAP
130

ORDER granting 129 Motion to Clarify, The January18, 2006 deadline is for the designation of the Plaintiff's expert witnesses. Signed by Judge Marcia S. Krieger on 1/25/06. (erv, )

Jan. 25, 2006

Jan. 25, 2006

RECAP
136

ORDER, Reset Hearings: Final Pretrial Conference Reset for 4/28/2006 08:00 AM in Courtroom A 901 before Judge Marcia S. Krieger.Signed by Judge Marcia S. Krieger on 2/3/06. (erv, )

Feb. 3, 2006

Feb. 3, 2006

RECAP
216

ORDER finding as moot 133 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on the grounds of qualified immunity,, granting in part and denying in part, 134 MOTION to Dismiss on Grounds of Mootness denying 137 Mot ion for Partial Summary Judgment, granting, 134 MOTION to Dismiss on Grounds of Mootness, Granting, 159 MOTION for Extension of Time to File Response/Reply as to 134 MOTION to Dismiss on Grounds of Mootness. Signed by Judge Marcia S. Krieger on 4/17/06. (erv, )

April 17, 2006

April 17, 2006

RECAP
226

Pre-Trial Preparation and Trial Setting ORDER, Set Hearings:Three Day Bench Trial set for 10/30/2006 01:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Final Pretrial Conference set for 9/15/2006 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Signed by Judge Marcia S. Krieger on 4/28/06. (erv, )

April 28, 2006

April 28, 2006

RECAP
228

ORDER re: 216 Order on Motion for Judgment on the Pleadings, Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment, Order on Motion for Extension of Time to File Response/Reply, All claims based upon past application of 28 C.F.R. 540.20(b) are dismissed. No BOP employee shall punish the Plaintiff solely for "publishing under a byline," as set forth in 28 C.F.R. 540.20(b), regardless of the BOP institution or facility in which he is housed, nor shall they take any adverse action against the Plaintiff based upon expunged disciplinary reports. Signed by Judge Marcia S. Krieger on 4/28/06. (erv, )

May 1, 2006

May 1, 2006

RECAP
236

AMENDED ORDER VACATING 228 Order, and superceded by this Amended Order, which is issued nunc pro tunc to May 1, 2006; All claims based upon past application of 28 C.F.R. 540.20(b) are dismissed. No BOP employee shall punish the Plaintiff solely for "publishing under a byline," as set forth in 28 C.F.R. 540.20(b), regardless of the BOP institution or facility in which he is housed, nor shall they take any adverse action against the Plaintiff based upon expunged disciplinary reports. Signed by Judge Marcia S. Krieger on 5/23/06. (erv, )

May 23, 2006

May 23, 2006

RECAP
247

Minute ORDER granting in part and denying in part 242 Pla's Motion for Limited Discovery and to Amend Scheduling Order, by Magistrate Judge Patricia A. Coan on 7/19/06. (erv, )

July 19, 2006

July 19, 2006

RECAP
268

ORDER denying 223 Motion to Dismiss for Lack of Jurisdiction, denying 243 Motion for Reconsideration, denying 245 Motion for Reconsideration . Signed by Judge Marcia S. Krieger on 9/6/06. (erv, )

Sept. 6, 2006

Sept. 6, 2006

RECAP
274

ORDER Resetting Pretrial Conference: the Final Pretrial Conference set for 10/4/06 is vacated and reset for 10/10/2006 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Signed by Judge Marcia S. Krieger on 9/29/06. (lam, )

Sept. 29, 2006

Sept. 29, 2006

RECAP
276

Minute Entry for proceedings held before Judge Marcia S. Krieger : ORDERED: 244 MOTION to Strike Plaintiff's Witnesses and Exhibits by Defendants is GRANTED IN PART AND DENIED IN PART. It is granted in part insofar as the parties; stipulations to facts concerning publications by Mr. Kozynski and Mr. Silverstein. The motion is denied without prejudice to being reraised at the time of trial with regard to all other matters. ORDERED: 256 MOTION to Continue Trial Date is DENIED. ORDERED: Rev ised Final Pretrial Order due 10/20/06. ORDER: With regard to Plaintiffs Motion and Designate Rebuttal Experts 256 , by 5:00 pm on 10/13/06 plaintiff may transmit an expert report for Mr. Bair that complies with both the applicable rule of civil pro cedure and Rule 702. ORDER: Ruling is reserved on the issue of whether plaintiff will be present in the courtroom for trial. ORDER: By 10/25/06 counsel sumit lists of cases that they would like the court to read. Final Pretrial Conference held on 10/11/2006. (Court Reporter Paul Zuckerman.) (dln, )

Oct. 11, 2006

Oct. 11, 2006

RECAP
280

ORDER TO RESPOND re: 278 MOTION for Writ of Habeas Corpus ad testificandum by Plaintiff. Defendants shall respond to this petition by 12:00 p.m. on 10/19/06. Signed by Judge Marcia S. Krieger on 10/18/06. (dln, )

Oct. 18, 2006

Oct. 18, 2006

RECAP
288

ORDER AND NOTICE OF HEARING ON LAW AND MOTION CALENDAR: Hearing set for 10/25/2006 04:30 PM in Courtroom A 901 before Judge Marcia S. Krieger. Theparties shall be prepared to address the Plaintiffs Unopposed Motion to Continue Trial [#287]. Signed by Judge Marcia S. Krieger on 10/24/06. (dln, )

Oct. 24, 2006

Oct. 24, 2006

RECAP
301

ORDER Setting Matter for Trial. 3 day bench trial set 5/29/07 at 8:30 a.m. Revised proposed final pretrial order due 1/31/07. Denying Plaintiff's Unopposed 299 Motion for Leave to File an Amended Response to the Order to Show Cause. Signed by Judge Marcia S. Krieger on 1/18/07.(gms, )

Jan. 18, 2007

Jan. 18, 2007

RECAP
307

ORDER granting 304 MOTION for Reconsideration re 301 of the ORDER Setting Matter for Trial. 3 day bench trial set 5/29/07 at 8:30 a.m. by Defendants, but the Court declines to award any additional relief sought in the motion. Signed by Judge Marcia S. Krieger on 2/2/07.(dln, )

Feb. 2, 2007

Feb. 2, 2007

RECAP
310

ORDER: Denying 303 MOTION in Limine and Granting motion Reopen Limited Discovery and Unopposed Motion for Extension of Time to File Pretrial Order by Plaintiff. The parties are granted leave to depose each other's experts. Proposed final pretrial order due 3/30/2007. Signed by Judge Marcia S. Krieger on 3/16/07.(dln, )

March 19, 2007

March 19, 2007

RECAP
321

ORDER SETTING BRIEFING SCHEDULE: re: 320 MOTION for Leave to Present Testimony of Theodore Kaczynski and Thomas Silverstein at Trial by Plaintiff. Defendants shall respond by 04/27/2007. Plaintiff may reply by 04/30/2007. Signed by Judge Marcia S. Krieger on 4/24/07. (dln, )

April 25, 2007

April 25, 2007

RECAP
325

ORDER denying 313 MOTION for Writ of Habeas Corpus ad testificandum by Plaintiff and 320 MOTION for Leave to Present Testimony of Theodore Kaczynski and Thomas Silverstein at Trial by Plaintiff. Signed by Judge Marcia S. Krieger on 5/1/07.(dln, )

May 2, 2007

May 2, 2007

RECAP
327

ORDER granting 326 Unopposed MOTION for Leave to Attend Trial and Testify Via Videoconference by Plaintiff. Signed by Judge Marcia S. Krieger on 5/9/07.(dln, )

May 9, 2007

May 9, 2007

RECAP
329

ORDER granting 328 Joint MOTION for Leave to File a Joint Amended Exhibit List by Defendants. Signed by Judge Marcia S. Krieger on 5/10/07.(dln, )

May 10, 2007

May 10, 2007

RECAP
332

ORDER REGARDING COMPLIANCE WITH RULES: Denying without prejudice 330 MOTION to Amend/Correct/Modify 324 Pretrial Order to Add Two Exhibits to Joint Exhibit List by Defendants. Signed by Judge Marcia S. Krieger on 5/14/07.(dln, )

May 14, 2007

May 14, 2007

RECAP
335

ORDER re: 331 MOTION for Leave to Consult Telephonically With Counsel During Trial, Or, In the Alternative, For Access to Electronic Text-Exchange Service to Facilitate Real-Time Communication by Plaintiff. Defendants shall respond by 5:000 p.m. on 05/21/2007. Signed by Judge Marcia S. Krieger on 5/18/07. (dln, )

May 18, 2007

May 18, 2007

RECAP
342

ORDER: 331 MOTION for Leave to Consult Telephonically With Counsel During Trial, Or, In the Alternative, For Access to Electronic Text-Exchange Service to Facilitate Real-Time Communication by Plaintiff is denied. 333 Amended MOTION to Amend/Corr ect/Modify 324 Pretrial Order to Add Two Exhibits to Revised Final Pretrial Order by Defendants is granted. 336 MOTION for Leave to DESIGNATE DEPOSITION TESTIMONY FOR ADMISSION AT TRIAL PURSUANT TO RULE 801(d)(2) by Plaintiff is denied without prejudice. Signed by Judge Marcia S. Krieger on 5/22/07.(dln, )

May 22, 2007

May 22, 2007

RECAP
354

MEMORANDUM OPINION AND ORDER. Ordered that judgment shall enter in favor of the Plaintiff Mark Jordan, and against the Defendants, Michael V. Puch, J. York, R.E. Derr, B. Sellers, and Standley Rowlett, in their official capacites. The Clerk of Court is directed to close this case. Signed by Judge Marcia S. Krieger on 8/9/07. (dln, )

Aug. 9, 2007

Aug. 9, 2007

RECAP
369

ORDER DIRECT RESPONSE re: 368 MOTION to Stay re 355 Judgment. Plaintiff shall file response by 09/24/07 at noon. No reply shall be filed. Pending determination of the motion, the injunction contained in the Judgment dated 08/09/2007 (#355) is stayed. Signed by Judge Marcia S. Krieger on 9/18/07. (dln, )

Sept. 18, 2007

Sept. 18, 2007

RECAP
380

ORDER ON POST TRIAL MOTIONS. 357 MOTION to Alter Judgment 354 Memorandum & Opinion, 355 Judgment by plaintiff is granted. The Courts supplemental finding is set forth in this order. 358 MOTION to Alter Judgment 355 Judgment by Defendant is denied. 368 MOTION to Stay 355 Judgment by Defendants is denied. Signed by Judge Marcia S. Krieger on 10/4/07.(dln, )

Oct. 4, 2007

Oct. 4, 2007

RECAP
385

Minute ORDER granting Plaintiff's Unopposed 381 Motion for Withdrawal of Motion for Review of Taxation. Withdrawing Plaintiff's 366 Motion for Review of Taxation, by Magistrate Judge Kristen L. Mix on 10/31/07.(gms, )

Oct. 31, 2007

Oct. 31, 2007

RECAP
404

ORDER Denying without prejudice 403 Joint Motion to Withdraw Pending Motions, Responses and Replies. Signed by Judge Marcia S. Krieger on 12/19/07.(pap, )

Dec. 19, 2007

Dec. 19, 2007

RECAP
406

ORDER: Granting 405 Parties Joint Motion to Withdraw Pending Motions, Responses and Replies: WITHDRAWING the following: 362 Motion for Attorney Fees, 386 Motion for Leave to File Excess Pages, 388 Motion for Attorney Fees, 392 Motion to Str ike, 395 Reply to Response to Motion, 399 Reply to Response to Motion, 384 Response to Motion, 397 Response to Motion, 400 Response to Motion, 387 Reply to Response to Motion, 396 Reply to Response to Motion, 391 Response to Motion. Signed by Judge Marcia S. Krieger on 12/20/07.(pap, )

Dec. 20, 2007

Dec. 20, 2007

RECAP
411

MINUTE ORDER; 407 Motion to Intervene and the 408 Motion for Show Cause are DENIED, by Magistrate Judge Kristen L. Mix on 9/8/15.(morti, )

Sept. 8, 2015

Sept. 8, 2015

RECAP
412

MOTION for Intervention of Right and Permissive Intervention by Movant Francis Schaeffer Cox. (Attachments: # 1 Attachment)(dkals, ) (Entered: 06/16/2017)

1 Attachment

View on PACER

May 23, 2017

May 23, 2017

RECAP
413

ORDER denying 412 Motion to Intervene: This case was closed in 2007. There is no currently-pending action in which Mr. Cox could intervene. By Chief Judge Marcia S. Krieger on 6/16/17. Text Only Entry (msklc2, ) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
414

MOTION to Reconsider 413 Order by Plaintiff Mark Jordan. (dkals, ) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
415

ORDER denying 414 Motion for Reconsideration: Mr. Cox's reliance upon Floyd v. Ortiz, 300 F.3d 1223 (10th Cir. 2002), is misplaced for several reasons. Unlike in that case, the judgment entered here in favor of Mr. Jordan was not intended to be enforceable by inmates other than Mr. Jordan, nor did the Court retain jurisdiction over the matter in anticipation of further proceedings. To the extent Mr. Cox believes that his First Amendment rights are being infringed by the Federal Bureau of Prisons, he is free to commence his own lawsuit assering as much. By Chief Judge Marcia S. Krieger on 7/19/17. Text Only Entry (msklc2, ) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
416

NOTICE OF APPEAL as to 415 Order by Movant Francis Schaeffer Cox. (dkals, ) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
417

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 416 Notice of Appeal filed by Francis Schaeffer Cox to the U.S. Court of Appeals. (Pro Se, Fee not paid and 1915 motion not filed,) (Attachments: # 1 Preliminary Record)(dkals, ) (Entered: 08/08/2017)

1 Preliminary Record

View on PACER

Aug. 8, 2017

Aug. 8, 2017

PACER
418

USCA Case Number 17-1280 for 416 Notice of Appeal filed by Francis Schaeffer Cox. (dkals, ) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
419

USCA Appeal Fees received $ 505, receipt number 81259; Full Payment (USCA Case No. 17-1280) (dkals, ) (Entered: 08/25/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
420

USCA ORDER AND JUDGMENT as to 416 Notice of Appeal filed by Francis Schaeffer Cox : (USCA Case No. 17-1280) (This document is not the Mandate) (agarc, ) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

RECAP
421

MANDATE of USCA as to 416 Notice of Appeal filed by Francis Schaeffer Cox (USCA Case No. 17-1280) (dkals, ) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 28, 2002

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Federal prisoner brought civil rights suit challenging Bureau of Prisons regulations on several grounds including unconstitutional vagueness and overbreadth, for publishing two articles under a byline in a magazine.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

University of Denver Civil Rights Clinic

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Prisons (Florence), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $90,000

Order Duration: 2007 - None

Issues

Type of Facility:

Government-run