Case: Prison Legal News v. Lindsey

3:07-cv-00367 | U.S. District Court for the Northern District of Texas

Filed Date: Feb. 27, 2007

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On February 27, 2007, Prison Legal News, a Washington non-profit corporation that published materials of interest for inmates, filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Texas, challenging a Dallas County Jail policy which prohibited inmates from receiving magazines and newspapers. Prison Legal News claimed that the Jail policy was an improper restriction on free speech in violation of the First and Fourteenth Amendments. Plaintiff sought de…

On February 27, 2007, Prison Legal News, a Washington non-profit corporation that published materials of interest for inmates, filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Texas, challenging a Dallas County Jail policy which prohibited inmates from receiving magazines and newspapers. Prison Legal News claimed that the Jail policy was an improper restriction on free speech in violation of the First and Fourteenth Amendments. Plaintiff sought declaratory and injunctive relief as well as compensatory and punitive damages. Attorneys with the Texas Civil Rights Project represented the plaintiff.

The same day the suit was filed, plaintiff requested a preliminary injunction. That request was subsequently denied by the District Court (Judge Jorge A Solis).

On September 28, 2007, plaintiff moved for summary judgment. Shortly thereafter, the parties settled the case. Judge Solis gave the parties 60 days to formalize the settlement and prepare the necessary closing papers.

On December 7, 2007, the court approved a consent decree in the case, and on December 19, 2007, the court dismissed the action with prejudice. Under the terms of the consent decree, the defendants agreed to allow Prison Legal News publications in all of the Dallas County correctional facilities. The defendants also agreed to pay $9000 in damages, fees, and costs.

Summary Authors

Kristen Sagar (10/1/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4390097/parties/prison-legal-news-v-lindsey/


Judge(s)

Solis, Jorge Antonio (Texas)

Attorney for Plaintiff

Harrington, James C (Texas)

Krause, Wayne Nicholas (Texas)

Medlock, Scott Charles (Texas)

Attorney for Defendant

Westergard, Dolena T. (Texas)

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Documents in the Clearinghouse

Document

3:07-cv-00367

Docket (PACER)

Dec. 19, 2007

Dec. 19, 2007

Docket
1

3:07-cv-00367

Plaintiff's Original Complaint

Feb. 27, 2007

Feb. 27, 2007

Complaint
37

3:07-cv-00367

Consent Decree and Settlement Agreement

Dec. 7, 2007

Dec. 7, 2007

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4390097/prison-legal-news-v-lindsey/

Last updated Nov. 28, 2025, 10:55 a.m.

ECF Number Description Date Link Date / Link
1

Plaintiff's Original COMPLAINT against Gary Lindsey, Lupe Valdez, Dallas County filed by Prison Legal News. (Filing fee $350; Receipt number 9066) (skt) (Entered: 02/28/2007)

Feb. 27, 2007

Feb. 27, 2007

2

Plaintiff's MOTION for a Preliminary Injunction by Prison Legal News (Attachments: # 1 Exhibit 1# 2 Exhibit 2, part 1# 3 Exhibit 2, part 2# 4 Exhibit 2, part 3# 5 Exhibit 2, part 4# 6 Exhibit 2, part 5# 7 Exhibit 2, part 6# 8 Exhibit 2, part 7# 9 Exhibit 3# 10 Exhibit 4# 11 Exhibit 5) (skt) (Entered: 02/28/2007)

1 Exhibit 1

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2 Exhibit 2, part 1

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3 Exhibit 2, part 2

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4 Exhibit 2, part 3

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5 Exhibit 2, part 4

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6 Exhibit 2, part 5

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7 Exhibit 2, part 6

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8 Exhibit 2, part 7

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9 Exhibit 3

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10 Exhibit 4

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11 Exhibit 5

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Feb. 27, 2007

Feb. 27, 2007

RECAP
3

Summons Issued as to Gary Lindsey, Lupe Valdez, Dallas County. (skt) (Entered: 02/28/2007)

Feb. 27, 2007

Feb. 27, 2007

6

Application and Order for Admission Pro Hac Vice by Scott Medlock for Prison Legal News.(see order for specifics) (Signed by Judge Jorge A Solis on 02/27/07) (lmp) (Entered: 03/01/2007)

Feb. 27, 2007

Feb. 27, 2007

***Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in this case. (skt)

Feb. 27, 2007

Feb. 27, 2007

4

Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jorge A Solis on 2/28/2007) (skt) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

5

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Prison Legal News. (Krause, Wayne) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

7

SUMMONS Returned Executed as to Dallas County served on 3/6/2007, answer due 3/26/2007. (Attachments: # 1 Exhibit 1) (Medlock, Scott) (Entered: 03/12/2007)

2 Exhibit 1

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March 12, 2007

March 12, 2007

8

SUMMONS Returned Executed as to Dallas County served on 3/9/2007, answer due 3/29/2007. (Krause, Wayne) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

9

Advisory to Court Regarding Motion for Admission of Scott Medlock Pro Hac Vice by Prison Legal News re 6 Order for Admission Pro Hac Vice. (Attachments: # 1 Exhibit 1) (Medlock, Scott) Modified on 3/19/2007 (lmp). (Entered: 03/16/2007)

2 Exhibit 1

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March 16, 2007

March 16, 2007

10

SUMMONS Returned Executed as to Gary Lindsey served on 3/16/2007, answer due 4/5/2007. (Medlock, Scott) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

11

SUMMONS Returned Executed as to Lupe Valdez served on 3/16/2007, answer due 4/5/2007. (Medlock, Scott) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

12

Original ANSWER to Complaint by Gary Lindsey, Lupe Valdez, Dallas County (Westergard, Dolena) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

RECAP
13

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gary Lindsey, Lupe Valdez, Dallas County. (Westergard, Dolena) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

14

Order Requiring Attorney Conference and Proposal for Contents of Scheduling and Discovery Order: Proposed Scheduling Order due by 5/7/2007.(see order for specifics) (Signed by Judge Jorge A Solis on 05/07/07) (lmp) (Entered: 04/03/2007)

April 2, 2007

April 2, 2007

15

Advisory to Court Regarding Plaintiff's Motion for Prelimimary Injunction by Prison Legal News. (Medlock, Scott) Modified on 4/10/2007 (lmp). (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

16

RESPONSE filed by Gary Lindsey, Lupe Valdez, Dallas County re 2 MOTION for Injunction (Westergard, Dolena) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

RECAP
17

REPLY filed by Prison Legal News to Defendant's Response to Plaintiff's 2 MOTION for Preliminary Injunction (Medlock, Scott) Modified on 4/27/2007 (lmp). (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

RECAP
18

Joint Settlement Status Report and Proposal for contents of scheduling and discovery order by Prison Legal News. (Medlock, Scott) Modified on 5/4/2007 (lmp). (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

19

SCHEDULING ORDER: Amended Pleadings due by 6/8/2007. Bench Trial set for 2/4/2008 09:00 AM before Judge Jorge A Solis. Discovery due by 9/7/2007. Pretrial Conference set for 1/18/2008 10:30 AM before Judge Jorge A Solis. Joinder of Parties due by 6/8/2007. Motions due by 10/9/2007. Proposed Pretrial Order due by 1/11/2008. Status Report due by 9/21/2007.(see order for specifics) (Signed by Judge Jorge A Solis on 05/04/07) (lmp) (Entered: 05/07/2007)

May 4, 2007

May 4, 2007

20

ORDER: The Court requests that Defendants submit a copy of the policy now in effect by no later than Friday, June 1, 2007. (Signed by Judge Jorge A Solis on May 23, 2007) (jyg) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

21

Appendix in Support filed by Gary Lindsey, Lupe Valdez, Dallas County re 16 Response to Motion for Preliminary Injunction and brief in support. (Westergard, Dolena) Modified on 5/29/2007 (lmp). (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

22

Designation of Experts by Prison Legal News. (Medlock, Scott) (Entered: 06/07/2007)

June 7, 2007

June 7, 2007

23

ORDER denying 2 Plaintiff's Motion for Preliminary Injunction. The Court finds no threat of irreparable injury if an injunction is not granted, and also that an injunction at this time would not serve the public interest. Plaintiff has thus failed to meet its burden on two of the elements required for the grant of a preliminary injunction. (see order for speficis) (Signed by Judge Jorge A Solis on 06/18/2007) (axm) (Entered: 06/19/2007)

June 18, 2007

June 18, 2007

RECAP
24

NOTICE by Prison Legal News (Medlock, Scott) (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

25

NOTICE by Prison Legal News of Initial Disclosures (Krause, Wayne) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

26

Certificate of Disclosure by Gary Lindsey, Lupe Valdez, Dallas County (Westergard, Dolena) Modified on 7/5/2007 (npk) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

27

Unopposed MOTION for Leave to File Amended Complaint by Prison Legal News (Attachments: # 1 Exhibit A# 2 Order) (Medlock, Scott) (Entered: 08/13/2007)

2 Exhibit A

View on PACER

3 Order

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Aug. 13, 2007

Aug. 13, 2007

28

ORDER granting 27 Unopposed MOTION for Leave to File Amended Complaint. [Counsel granted leave to file an amended pleading under LR 15.1 is reminded to electronically file the amended pleading within 3 days. See ECF Standing Designation Order.] (Signed by Judge Jorge A Solis on 8/23/07) (npk) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

29

AMENDED COMPLAINT against Gary Lindsey, Lupe Valdez, Dallas County filed by Prison Legal News. (Medlock, Scott) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

RECAP
30

Original ANSWER to Amended Complaint by Gary Lindsey, Lupe Valdez, Dallas County, Edgar McMillan (Westergard, Dolena) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

RECAP
31

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Edgar McMillan. (Westergard, Dolena) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

32

Certificate of Disclosure by Edgar McMillan (Westergard, Dolena) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

33

*** DISREGARD - SEE DOC. 34 *** SETTLEMENT CONFERENCE REPORT by Prison Legal News, Gary Lindsey, Lupe Valdez, Dallas County, Edgar McMillan. (Westergard, Dolena) Modified on 9/21/2007 (Nunns, Tracy). (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

34

SETTLEMENT CONFERENCE REPORT by Prison Legal News, Gary Lindsey, Lupe Valdez, Dallas County, Edgar McMillan. (Westergard, Dolena) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

35

MOTION for Summary Judgment by Prison Legal News with Brief/Memorandum in Support. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q) (Medlock, Scott) (Entered: 09/28/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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Sept. 28, 2007

Sept. 28, 2007

RECAP
36

***VACATED PER ORDER (Doc #38)***60-DAY ORDER OF DISMISSAL. (see order for specifics) (Signed by Judge Jorge A Solis on 10/5/2007) (tln) Modified on 12/20/2007 (skt). (Entered: 10/09/2007)

Oct. 5, 2007

Oct. 5, 2007

37

Consent Decree and Settlement Agreement by Plaintiff and Defendants.(Medlock, Scott) Modified on 12/10/2007 (lmp). (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

38

ORDER: This Court's 60-Day Order of Dismissal is VACATED; all claims by all parties in this action are DISMISSED with prejudice; and this Court retains jurisdiction to enforce the settlement. If reopening of the action to enforce settlement becomes necessary, it shall be reopened as though it had never been closed. (Signed by Judge Jorge A Solis on 12/19/2007) (tln) (Entered: 12/20/2007)

Dec. 19, 2007

Dec. 19, 2007

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 27, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison Legal News, a Washington non-profit corporation that published materials of interest for inmates.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sheriff of Dallas County (Dallas), County

Office of Detentions for Dallas County (Office of Detentions for Dallas County, Dallas), County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Northern District of Texas 3:07-cv-00367

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Mail

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Library (non-law) access