Case: Prison Legal News v. Simmons

5:02-cv-04054 | U.S. District Court for the District of Kansas

Filed Date: April 4, 2002

Closed Date: Dec. 20, 2007

Clearinghouse coding complete

Case Summary

In 2002, a non-profit monthly periodical publisher filed an action in the U.S. District Court for the District of Kansas against the secretary of the Kansas Department of Corrections ("KDOC"), alleging that the plaintiff's First Amendment rights were violated by the defendant's regulations. The court consolidated the plaintiff's case with two ongoing cases that had been originally filed against KDOC officials by inmates under KDOC supervision. All plaintiffs were represented by private counsel …

In 2002, a non-profit monthly periodical publisher filed an action in the U.S. District Court for the District of Kansas against the secretary of the Kansas Department of Corrections ("KDOC"), alleging that the plaintiff's First Amendment rights were violated by the defendant's regulations. The court consolidated the plaintiff's case with two ongoing cases that had been originally filed against KDOC officials by inmates under KDOC supervision. All plaintiffs were represented by private counsel and sought declaratory and injunctive relief and actual damages.

Bringing their cases under 42 U.S.C. § 1983, the plaintiffs asserted that the KDOC regulations and policies violated their First Amendment rights, as well as Fifth and Fourteenth Amendment due process rights, since the rules prohibited inmates from receiving gift subscriptions of publications and limited the amount of money that inmates can spend on publications. The regulations also did not require any notification to a publisher when KDOC does not deliver a publication.

On April 29, 2003, the District Court (Judge G. Thomas VanBebber) granted defendants' motion for summary judgment and entered judgment in favor of defendants. Zimmerman v. Simmons, 260 F. Supp.2d 1077 (D. Kan. 2005). In its opinion, the Court held that the KDOC policies were reasonably related to legitimate penal interests, such as deterring crime, maintaining safety and protecting prisoners' abilities to honor financial obligations. The gradual system established under the regulations by which prisoners gained, over time, increased access to publications was viewed by the district judge as a reasonable behavior management tool.

Plaintiffs appealed. Counsel from the ACLU of Kansas and Western Missouri participated in the appeal as amicus curiae. On December 21, 2004, the Tenth Circuit reversed Judge VanBebber's decision. Jacklovich v.Simmons, 392 F.3d 420 (10th Cir. 2004) (Circuit Judge Paul Kelly, Jr.). Because grant of a motion for summary judgment was being appealed, the standard of appellate review required the court to view all pleadings in a light most favorable to the plaintiffs. In that light, Judge Kelly found that the KDOC's asserted bases (security and behavior management)for the regulations were insufficient and a district court trial was required to assess whether less restrictive alternatives existed. The appellate court also found so minimal the burden on KDOC of providing notice to publishers that an item had not been delivered to a prisoner that it directed the district court, on remand, to fashion a procedure for such notice.

After remand, defendant filed a motion for partial summary judgment based on qualified immunity in his individual capacity. The district court granted defendant's motion as to all claims against him in his individual capacity. The court also dismissed the cases filed by the prisoners, since their claims were rendered moot after they were paroled. Therefore, the only parties remaining were the publisher and the Secretary of Corrections. The issues before the court were (1) whether KDOC's regulations that prohibit gift subscriptions and limit the amount an inmate may spend on publications were unconstitutional and (2) fashioning an appropriate procedure that provides notification to publishers when an inmate does not receive a publication.

After a two-day trial in February 2007, District Judge Monti L. Belot issued an unpublished order on October 1, 2007. The judge found that the Kansas regulations were unconstitutional, particularly given the availability of less restrictive means of advancing the asserted penal interests and the lack of reasonably available alternative means for prisoners to access the information denied them under the regulations. He noted that the federal Bureau of Prisons allows prisoners to receive gift subscriptions, making the state's total ban difficult to persuasively justify. Judge Belot's opinion also adopted a form of individualized notice to publishers that the plaintiff had proposed as sufficient to give an opportunity to be heard when their publications had been rejected. The form was based on a federal BOP form.

Since this October 1, 2007 ruling, transcripts from the proceedings held on 2-13-2007 and 2-14-2007 were redacted, and a bill calculating attorney's fees was ordered on December 20, 2007. This bill totaled $62,760.00 in attorney's fees, $4,128.75 for nontaxable expenses and $2,422.07 for the bill of costs for a total judgment of $69,310.82.

Summary Authors

Mike Fagan (4/25/2008)

Christina Bonanni (11/3/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4664190/parties/prison-legal-news-v-simmons/

Judge(s)

Belot, Monti L. (Kansas)

Hartz, Harris L. (New Mexico)

Henry, Robert Harlan (Oklahoma)

Attorney for Plaintiff

Jacklovich, Joseph E (Kansas)

Attorney for Defendant

Johnson, Brian R (Kansas)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

5:02-cv-04054

Docket [PACER]

Dec. 27, 2007

Dec. 27, 2007

Docket

5:02-cv-04054

5:00-cv-03370

01-03017

Memorandum and Order

Zimmerman v. Simmons

April 28, 2003

April 28, 2003

Order/Opinion

260 F.Supp.2d 1077

03-03227

03-03230

[Appellate Opinion]

Jacklovich v. Simmons

U.S. Court of Appeals for the Tenth Circuit

Dec. 21, 2004

Dec. 21, 2004

Order/Opinion

392 F.3d 420

75

5:02-cv-04054

5:00-cv-03370

01-03017

Memorandum and Order

Nov. 22, 2005

Nov. 22, 2005

Order/Opinion

401 F.Supp.2d 1181

91

5:02-cv-04054

Memorandum Decision

Prison Legal News v. Werholtz

Oct. 1, 2007

Oct. 1, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4664190/prison-legal-news-v-simmons/

Last updated Feb. 16, 2026, 1:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Topeka KS; (case referred to Magistrate Judge Catherine A. Walter) (SAL) (Entered: 04/04/2002)

April 4, 2002

April 4, 2002

FILING FEE PAID on 4/4/02 in the amount of $ 150.00 Receipt # 045018 (SAL)

April 4, 2002

April 4, 2002

2

WAIVER OF SERVICE of summons by defendant Charles Simmons sent on 4/4/02 and signed on 4/5/02 (DO) (Entered: 04/12/2002)

April 11, 2002

April 11, 2002

3

MOTION to extend time to answer by defendant, referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 06/04/2002)

June 3, 2002

June 3, 2002

4

CLERK'S ORDER ENTERED extending time until 6/17/02 for defendant Charles Simmons to answer or otherwise plead [3-1] (DO) (Entered: 06/05/2002)

June 5, 2002

June 5, 2002

5

MINUTE ORDER ENTERED by Clerk: Case reassigned from Judge Robinson to Judge G. T. VanBebber for all further proceedings. Case number changed to 02-4054-GTV. (cc: all counsel) (DO) (Entered: 06/12/2002)

June 11, 2002

June 11, 2002

7

ANSWER by defendant to complaint [1-1] (DO) (Entered: 06/19/2002)

June 17, 2002

June 17, 2002

6

ORDER ENTERED by Magistrate Judge Catherine A. Walter: scheduling conference by telephone set for 11:00 8/1/02 (cc: all counsel) (DO) (Entered: 06/18/2002)

June 18, 2002

June 18, 2002

8

MOTION to amend and substitute answer by defendant referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 06/20/2002)

June 19, 2002

June 19, 2002

9

ORDER ENTERED by Magistrate Judge Catherine A. Walter granting motion to amend and substitute answer by defendant [8-1] (cc: all counsel) (DO) (Entered: 07/03/2002)

July 2, 2002

July 2, 2002

10

AMENDED ANSWER re: answer [7-1] re: complaint [1-1] by defendant (DO) Modified on 07/03/2002 (Entered: 07/03/2002)

July 2, 2002

July 2, 2002

11

MOTION to consolidate cases by plaintiff referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 07/15/2002)

July 12, 2002

July 12, 2002

12

MOTION to extend time to submit the planning report by defendant referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 07/23/2002)

July 22, 2002

July 22, 2002

13

ORDER ENTERED: by Magistrate Judge Catherine A. Walter granting motion to extend time to 7/24/02 to submit the planning report by defendant [12-1] (cc: all counsel) (MB) (Entered: 07/24/2002)

July 24, 2002

July 24, 2002

14

OBJECTIONS by defendant to motion to consolidate cases by plaintiff and appointment of counsel, referred to Magistrate Judge Catherine A. Walter [11-1] (DO) (Entered: 07/25/2002)

July 24, 2002

July 24, 2002

15

SCHEDULING ORDER ENTERED by Magistrate Judge Catherine A. Walter: Discovery deadline 11/20/02; dispositive motion deadline 12/20/02; final pretrial conference set for 10:30 12/5/02; court trial set on docket for 3/4/03. (cc: all counsel) (DO) Modified on 01/03/2003 (Entered: 08/08/2002)

Aug. 8, 2002

Aug. 8, 2002

16

NOTICE OF SERVICE of initial disclosures by plaintiff (DO) (Entered: 08/16/2002)

Aug. 16, 2002

Aug. 16, 2002

17

WITNESS LIST submitted by defendant (DO) (Entered: 08/19/2002)

Aug. 16, 2002

Aug. 16, 2002

18

SCHEDULING ORDER ENTERED by Judge G. T. VanBebber: Cases 00-3370, 01-3017 & 02-4054 shall not be consolidated at this time. Previous schedule set in case 02-4054 shall remain in place. Discovery in one case may be utilized in any of the other cases (cc: all counsel) (MB) Modified on 09/27/2002 (Entered: 09/25/2002)

Sept. 25, 2002

Sept. 25, 2002

19

NOTICE OF SERVICE of plaintiff's expert disclosures (DO) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

20

MOTION for appointment of counsel by Patrick Lynn, pro se, referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

21

MOTION for leave to file reply out of time by Patrick Lynn, pro se, referred to Magistrate Judge Catherine A. Walter (DO) Modified on 10/11/2002 (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

22

ORDER ENTERED by Magistrate Judge Catherine A. Walter: granting motion for leave to file reply out of time by Patrick Lynn, pro se [21-1]; denying motion for appointment of counsel by Patrick Lynn, pro se [20-1] (cc: all counsel) (DO) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

23

ORDER ENTERED by Judge G. T. VanBebber denying motion to consolidate cases by Patrick C. Lynn, pro se plaintiff in Case No. 01-3422-GTV [11-1]. (cc: all counsel) (DO) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

24

NOTICE OF SERVICE of discovery by defendant (DO) (Entered: 10/21/2002)

Oct. 18, 2002

Oct. 18, 2002

25

MINUTE ORDER ENTERED by Clerk: Case referred to Magistrate Judge Gerald L. Rushfelt (cc: all counsel) (DO) (Entered: 11/22/2002)

Nov. 21, 2002

Nov. 21, 2002

26

CERTIFICATE OF SERVICE of responses to interrogatories and requests for production of documents by plaintiff to deft on 11/27/02 (MB) (Entered: 11/29/2002)

Nov. 29, 2002

Nov. 29, 2002

Original file sent to KC Office consisting of: one file (SMND)

Dec. 12, 2002

Dec. 12, 2002

28

MINUTE SHEET of pretrial conference before Magistrate Judge Rushfelt: dispositive motions to be filed by 1/21/03; estimated time of jury trial: 3 days. Court Reporter: n/a (DO) (Entered: 12/26/2002)

Dec. 23, 2002

Dec. 23, 2002

27

SUPPLEMENTAL SCHEDULING ORDER ENTERED by Judge G. T. VanBebber: Dispositive motion deadline reset for 1/21/03; Trial set for 5/6/03 (cc: counsel) (MB) (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

Original file returned to Topeka consisting of: 1 file (BL)

Jan. 8, 2003

Jan. 8, 2003

29

MOTION for summary judgment by plaintiff with attachments, referred to Judge G. T. VanBebber (DO) (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

30

MOTION for judgment on the pleadings by defendant referred to Judge G. T. VanBebber, or in the alternative for summary judgment by defendant referred to Judge G. T. VanBebber (DO) (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

31

MEMORANDUM in support of motion for judgment on the pleadings by defendant referred to Judge G. T. VanBebber [30-1], motion for summary judgment by defendant referred to Judge G. T. VanBebber [30-2] (DO) (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

32

EXHIBITS in support of motion for judgment on the pleadings by defendant referred to Judge G. T. VanBebber [30-1], or in the alternative for summary judgment by defendant referred to Judge G. T. VanBebber [30-2] (DO) (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

33

PRETRIAL ORDER ENTERED by Judge G. T. VanBebber: Trial will be set by the court at a later date; estimated trial time is 3 days in Kansas City. Terminating case referral of Magistrate Judge Gerald L. Rushfelt (cc: all counsel) (DO) (Entered: 01/30/2003)

Jan. 28, 2003

Jan. 28, 2003

34

RESPONSE by plaintiff to motion for summary judgment by defendant referred to Judge G. T. VanBebber [30-2] (DO) (Entered: 02/13/2003)

Feb. 11, 2003

Feb. 11, 2003

35

MOTION by defendant to extend time to respond to plaintiff's motion for summary judgment, referred to Judge G. T. VanBebber (DO) (Entered: 02/14/2003)

Feb. 12, 2003

Feb. 12, 2003

36

RESPONSE by defendants to motion for summary judgment by plaintiff, referred to Judge G. T. VanBebber [29-1] (DO) (Entered: 02/19/2003)

Feb. 18, 2003

Feb. 18, 2003

37

EXHIBITS by defendant in support of response [36-1] to motion for summary judgment by plaintiff, referred to Judge G. T. VanBebber [29-1] (DO) (Entered: 02/19/2003)

Feb. 18, 2003

Feb. 18, 2003

38

MINUTE ORDER ENTERED by Clerk granting motion by defendant to extend time to 2/18/03 to respond to plaintiff's motion for summary judgment [35-1] (cc: all counsel) (MB) (Entered: 02/25/2003)

Feb. 21, 2003

Feb. 21, 2003

39

SUPPLEMENTAL EXHIBIT by plaintiff in support of memorandum [31-1] re: motion for summary judgment by plaintiff with attachments, referred to Judge G. T. VanBebber [29-1] (DO) (Entered: 02/26/2003)

Feb. 26, 2003

Feb. 26, 2003

40

MOTION for Extension of Time by defendant to file reply to plaintiff's response to defendant's motion for summary judgment 31 34 30 (do) (Entered: 03/04/2003)

Feb. 28, 2003

Feb. 28, 2003

41

MINUTE ORDER granting 40 Motion for Extension of Time until 3/5/03 to File Response/Reply re 40 . Signed by deputy clerk on 3/5/03. (yh) (Entered: 03/05/2003)

March 5, 2003

March 5, 2003

42

REPLY by defendant to plaintiff's response re 30 Motion for Summary Judgment filed by Charles Simmons.(do) (Entered: 03/07/2003)

March 5, 2003

March 5, 2003

43

ORDER denying 29 Plaintiff's Motion for Summary Judgment and granting Defendant's 30 Motion for Summary Judgment. Signed by Judge G. Thomas VanBebber on 4/28/03. (ms) (Entered: 04/28/2003)

April 28, 2003

April 28, 2003

44

JUDGMENT regarding Memorandum and Order on Motion for Summary Judgment, in favor of defendant against plaintiff. Plaintiff to take nothing and the action is dismissed on the merits. Defendant to recover of plaintiff their costs of action. ***Terminating Case. Signed by deputy clerk on 4/29/03. (yh) (Entered: 04/29/2003)

April 29, 2003

April 29, 2003

45

MOTION to Alter or Amend Judgment by Plaintiff Prison Legal News, Inc. (ms) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

46

MEMORANDUM IN SUPPORT of 45 MOTION to Alter or Amend Judgment by Plaintiff Prison Legal News, Inc. (ms) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

47

RESPONSE by Defendant Charles Simmons re 45 MOTION to Alter Judgment filed by Charles Simmons.(Madden, Timothy) (Entered: 05/22/2003)

May 22, 2003

May 22, 2003

48

ORDER denying 45 Motion to Alter or Amend Judgment. Signed by Senior Judge G. Thomas VanBebber on 07/09/03. (smnd) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

49

JUDGMENT regarding Order denying Motion to Alter or Amend Judgment. Signed by Deputy Clerk on 07/09/03. (smnd) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

50

NOTICE OF APPEAL as to 44 Judgment, 48 Order on Motion to Alter Judgment, 43 Order on Motion for Summary Judgment, Order on Motion for Judgment, and 49 Judgment by Plaintiff Prison Legal News, Inc. (Plenk, Bruce) Modified on 8/7/2003 (ms). (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

51

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 50 Notice of Appeal (ms) (Entered: 08/04/2003)

Aug. 4, 2003

Aug. 4, 2003

APPEAL FEE PAID in the amount of $105; Receipt No. 046870 re Notice of Appeal 50 filed by Prison Legal News, Inc. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (ms)

Aug. 5, 2003

Aug. 5, 2003

52

RECEIPT FROM 10CCA of preliminary record re 50 Notice of Appeal, Appeal No. 03-3229 (ms) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

53

APPEAL DOCKETED in 10CCA on 8/8/03 and assigned Appeal No. 03-3229 re 50 Notice of Appeal filed by Prison Legal News, Inc. (ms) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

55

TRANSCRIPT ORDER FORM stating no transcript required; filed by Prison Legal News, Inc. re 50 Notice of Appeal (Appeal No. 03-3229) (ms) (Entered: 08/20/2003)

Aug. 18, 2003

Aug. 18, 2003

54

Letter to 10CCA stating that the record is complete for purposes of appeal re 50 Notice of Appeal (Appeal No. 03-3229) (ms) (Entered: 08/19/2003)

Aug. 19, 2003

Aug. 19, 2003

56

DESIGNATION of Record on Appeal by Prison Legal News, Inc. re 50 Notice of Appeal - Final Judgment ( Appeal No. 03-3229) (Plenk, Bruce) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

57

MOTION for extension of time to designate the record on appeal by Plaintiff Prison Legal News, Inc. (Plenk, Bruce) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

58

ORDER of 10CCA granting appellant's motion to waive the appendix requirement and permit them to proceed on the record on appeal as to 50 Notice of Appeal - Final Judgment filed by Prison Legal News, Inc. (Appeal No. 03-3229) (smnd) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

59

DESIGNATION of Record on Appeal by Prison Legal News, Inc. re 50 Notice of Appeal - Final Judgment ( Appeal No. 03-3229) (Plenk, Bruce) (Entered: 11/19/2003)

Nov. 19, 2003

Nov. 19, 2003

60

RECORD ON APPEAL transmitted to 10CCA, one volume, re 50 Notice of Appeal (Appeal No. 03-3229) (ms) (Entered: 12/01/2003)

Dec. 1, 2003

Dec. 1, 2003

61

RECEIPT FROM 10CCA of record on appeal (one volume) re 50 Notice of Appeal, Appeal No. 03-3229 (ms) (Entered: 12/08/2003)

Dec. 5, 2003

Dec. 5, 2003

62

ORDER finding as moot 57 motion for extension of time to designate the record on appeal by Plaintiff Prison Legal News, Inc. Signed by deputy clerk on 12/11/03. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ms) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

63

APPEAL MANDATE from 10CCA reversing decision of the District Court as to Notice of Appeal - Final Judgment 50 filed by Prison Legal News, Inc. and remanding case to the United States District Court for the District of Kansas for further proceedings (smnd) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

64

NOTICE of Hearing: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) Status Conference set for 3/7/2005 at 2:00 PM before Senior Judge G. Thomas VanBebber. (yh, ) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

65

AMENDED NOTICE of Hearing: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) Telephone Status Conference set for 3/7/2005 at 2:00 PM before Senior Judge G. Thomas VanBebber. Call to be initiated by the Court.(yh, ) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

66

PRETRIAL ORDER ENTERED; estimated trial time 4 days; Jury Trial set for 9/13/2005 at 09:30 AM before Senior Judge G. Thomas VanBebber. Signed by Judge G. Thomas VanBebber on 5/6/005. (yh, ) (Entered: 05/09/2005)

May 6, 2005

May 6, 2005

67

MOTION for Partial Summary Judgment by Defendant Charles Simmons (Attachments: # 1 Memorandum in Support)(Madden, Timothy) (Entered: 06/03/2005)

June 3, 2005

June 3, 2005

68

Case Reassigned to Judge Monti L Belot. Judge G. Thomas VanBebber no longer assigned to the case. (This is a text entry only; there is no document associated with this transaction) (yh, ) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

69

RESPONSE by Plaintiff Prison Legal News, Inc. re 67 MOTION for Partial Summary Judgment (Plenk, Bruce) (Entered: 06/27/2005)

June 27, 2005

June 27, 2005

70

Letter from Judge Belot. (sbw) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

71

Final Witness & Exhibit List by Charles Simmons. (Madden, Timothy) (Entered: 07/05/2005)

July 5, 2005

July 5, 2005

72

MOTION for Suggested Relief by Plaintiff Prison Legal News, Inc. (Attachments: # 1 # 2 # 3)(Plenk, Bruce) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

73

Defendants' Proposal Regarding Publisher Notification (Madden, Timothy) Modified text on 8/2/2005 (ms). (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

74

PRETRIAL ORDER ENTERED -- estimated trial time 4 days. Signed by Judge Monti L Belot on 11/21/05.(cs, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

75

MEMORANDUM AND ORDER granting 67 defendants' Motion for Partial Summary Judgment . Signed by Judge Monti L Belot on 11/21/05. (jh)

Nov. 22, 2005

Nov. 22, 2005

RECAP
76

Letter from Judge Belot (jh) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

Minute Entry for proceedings held before Judge Monti L Belot : Telephone Status Conference held on 12/12/2005. (Court Reporter Cindy Schwemmer) No PDF Attached. (cl )

Dec. 12, 2005

Dec. 12, 2005

77

Letter from Judge Belot. (sbw) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

NOTICE of Telephone Conference: Telephone Conference set for 8/21/2006 at 02:00 PM before District Judge Monti L Belot. No PDF Attached.(cl )

July 25, 2006

July 25, 2006

Minute Entry for proceedings held before Judge Monti L Belot: Status Conference held on 8/21/2006. Court Trial set 2/13/06. Revised PTO due 9/30/06. (Court Reporter Cindy Schwemmer.) No PDF Attached. (cl)

Aug. 21, 2006

Aug. 21, 2006

MINUTE ORDER: The parties are granted until 10/31/06 to submit a proposed revised pretrial order to the court. Signed by Judge Monti L Belot on 9/11/06.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(cl)

Sept. 11, 2006

Sept. 11, 2006

78

PRETRIAL ORDER ENTERED estimated trial time 4 days; Court Trial set for 2/13/2007 at 09:00 AM before District Judge Monti L Belot. SEE ORDER FOR FURTHER DETAILS. Signed by Judge Monti L Belot on 11/2/06.(cl) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

NOTICE of Telephone Conference: Telephone Conference set for 1/16/2007 at 10:30 AM before District Judge Monti L Belot. No PDF Attached.(cl )

Jan. 9, 2007

Jan. 9, 2007

79

Witness & Exhibit List by Prison Legal News, Inc..(Plenk, Bruce) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

80

Final Witness & Exhibit List by Charles Simmons.(Madden, Timothy) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

81

CERTIFICATE OF SERVICE of Plaintiff's Witness and Exhibit List by Prison Legal News, Inc.. (Plenk, Bruce) (Entered: 02/03/2007)

Feb. 3, 2007

Feb. 3, 2007

82

Trial Witness & Exhibit List.(cs, ) (Entered: 02/15/2007)

Feb. 14, 2007

Feb. 14, 2007

Minute Entry for proceedings held before Judge Monti L Belot : Bench Trial held on 2/13/07 and 2/14/2007. Parties to submit briefs. Court takes under advisement. (Court Reporter Cindy Schwemmer.) (cl )

Feb. 14, 2007

Feb. 14, 2007

83

TRANSCRIPT pgs 1 - 226 of Trial to the Court held 2-13-07 before Judge Belot, Court Reporter: Cindy Schwemmer. Volume: I of II. SEE DOCKET ENTRY 95 FOR REDACTED VERSION (Schwemmer, Cindy) Modified text on 11/19/2007 (mb). (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

84

TRANSCRIPT pgs 227 - 426 (end) of Trial to the Court held 2-14-07 before Judge Belot, Court Reporter: Cindy Schwemmer. Volume: II of II. SEE DOCKET ENTRY 96 FOR REDACTED TRANSCRIPT. (Schwemmer, Cindy) Modified text on 11/19/2007 (mb). (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

85

Joint MOTION for extension of time to file post-trial brief by Plaintiff Prison Legal News, Inc., Defendant Charles Simmons (Plenk, Bruce) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

86

ORDER granting 85 Motion for Extension of Time to File post-trial brief until 9/5/07. Signed by Judge Monti L Belot on 8/27/07. (cl ) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

87

TRIAL BRIEF by Prison Legal News, Inc..(Plenk, Bruce) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

88

CERTIFICATE OF SERVICE of trial brief by Prison Legal News, Inc. re 87 Trial Brief. (Plenk, Bruce) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

89

Proposed Findings of Fact by Charles Simmons.(Madden, Timothy) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

90

RESPONSE to Defendant's Proposed Findings of Fact and Conclusions of Law by Plaintiff Prison Legal News, Inc.. (Plenk, Bruce) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

Case Details

State / Territory:

Kansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 4, 2002

Closing Date: Dec. 20, 2007

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prison Legal News, Inc. a Washington state non-profit corporation that publishes the monthly periodical Prison Legal News.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Kansas Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

District of Kansas 5:02-cv-04054

District of Kansas 5:00-cv-03370

District of Kansas 01-03017

U.S. Court of Appeals for the Tenth Circuit 03-03227

U.S. Court of Appeals for the Tenth Circuit 03-03230

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $69,310.82

Order Duration: 2007 - 2007

Issues

General/Misc.:

Conditions of confinement

Mail

Affected Sex/Gender(s):

Male

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