Case: Prison Legal News v. Clarke

1:08-cv-10677 | U.S. District Court for the District of Massachusetts

Filed Date: April 23, 2008

Closed Date: May 12, 2009

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Case Summary

On April 23, Prison Legal News (PLN) filed this lawsuit in the United States District Court for the District of Massachusetts. The plaintiff sued the Massachusetts Department of Corrections (DOC) under 42 U.S.C. 1983. Represented by private counsel, PLN sought monetary and injunctive relief, including attorneys fees. Specifically, the complaint alleged that DOC violated the First and Fourteenth Amendments by not listing PLN as an approved vendor and by refusing to deliver PLN publications to pr…

PLN is a news organization that publishes content specifically for the prison population. It publishes a monthly magazine called Prison Legal News and also distributes to inmates books and other materials concerning the legal rights of prisoners. The magazine consists of articles from legal scholars, attorneys, inmates and from the wire services. The plaintiff maintained that from 1998 to 2003, Massachusetts DOC ordered and received PLN publications largely without incident. However, the plaintiff alleged that in 2003, the DOC began refusing to deliver PLN materials -- without any process to challenge the DOC's actions. The plaintiff further claimed that DOC lacked clear guidelines for approving book/magazine vendors at its institutions.

After discovery, on May 12, 2009, the case was dismissed after the parties reached an out-of-court settlement.

Pursuant to the settlement: (1) DOC agreed to pay PLN $5,000 (a figure that includes attorneys fees and costs). (2) DOC agreed to allow PLN to distribute its publications as long as it complied with its "inmate mail" regulations. (3) DOC agreed to provide general notice to all of its inmates that they may order and receive publications from PLN. (4) DOC agreed to notify PLN in writing if any publication sent by PLN is received at the institution but not delivered to the inmate.

	Document
1:08-cv-10677	Docket [PACER]	May 29, 2008	May 29, 2008 Docket
1 1:08-cv-10677	Complaint	April 23, 2008	April 23, 2008 Complaint
20 1:08-cv-10677	Settlement Agreement	May 12, 2009	May 12, 2009 Settlement Agreement

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against all defendants Filing fee: $ 350, receipt number 01010000000001936024, filed by PRISON LEGAL NEWS. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet)(Friedman, Howard) (Entered: 04/23/2008) 2 Civil Cover Sheet View on PACER 3 Category Sheet View on PACER	April 23, 2008	April 23, 2008 PACER
2	NOTICE of Appearance by David Milton on behalf of PRISON LEGAL NEWS (Milton, David) (Entered: 04/23/2008)	April 23, 2008	April 23, 2008 PACER
3	CORPORATE DISCLOSURE STATEMENT by PRISON LEGAL NEWS. (Milton, David) (Entered: 04/23/2008)	April 23, 2008	April 23, 2008 PACER
4	Summons Issued as to Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Sonnenberg, Elizabeth) (Entered: 04/23/2008)	April 23, 2008	April 23, 2008 PACER
5	Assented to MOTION for Extension of Time to 06/09/2008 to File Response/Reply as to 1 Complaint by Harold W. Clarke, James Bender, John Marshall, Jr.(Anahory, Kevin) (Entered: 05/13/2008)	May 13, 2008	May 13, 2008 PACER
6	MOTION for Summary Judgment by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy.(Anahory, Kevin) (Entered: 06/09/2008)	June 9, 2008	June 9, 2008 PACER
7	MEMORANDUM in Support re 6 MOTION for Summary Judgment filed by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy. (Attachments: # 1 Exhibit Affidavit of John Marshall, # 2 Exhibit Affidavit of John Marshall pt.2, # 3 Exhibit Affidavit of Mary Jo Sweeney, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(Anahory, Kevin) (Entered: 06/09/2008) 2 Exhibit Affidavit of John Marshall View on PACER 3 Exhibit Affidavit of John Marshall pt.2 View on PACER 4 Exhibit Affidavit of Mary Jo Sweeney View on PACER 5 Exhibit Exhibit C View on PACER 6 Exhibit Exhibit D View on PACER 7 Exhibit Exhibit E View on PACER	June 9, 2008	June 9, 2008 PACER
8	CERTIFICATE OF SERVICE by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy re 6 MOTION for Summary Judgment, 7 Memorandum in Support of Motion,. (Anahory, Kevin) (Entered: 06/09/2008)	June 9, 2008	June 9, 2008 PACER
9	MOTION for Leave to File Excess Pages by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy.(Anahory, Kevin) (Entered: 06/11/2008)	June 11, 2008	June 11, 2008 PACER
10	MOTION to Strike Defendants' Motion for Summary Judgment, and to Allow Discovery Under Rule 56(f) by PRISON LEGAL NEWS.(Milton, David) (Entered: 06/16/2008)	June 16, 2008	June 16, 2008 PACER
11	MEMORANDUM in Support re 10 MOTION to Strike Defendants' Motion for Summary Judgment, and to Allow Discovery Under Rule 56(f) filed by PRISON LEGAL NEWS. (Milton, David) (Entered: 06/16/2008)	June 16, 2008	June 16, 2008 PACER
12	AFFIDAVIT of David Milton in Support re 10 MOTION to Strike Defendants' Motion for Summary Judgment, and to Allow Discovery Under Rule 56(f) filed by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit A to Declaration of David Milton)(Milton, David) (Entered: 06/16/2008) 2 Exhibit A to Declaration of David Milton View on PACER	June 16, 2008	June 16, 2008 PACER
13	Opposition re 10 MOTION to Strike Defendants' Motion for Summary Judgment, and to Allow Discovery Under Rule 56(f) filed by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy. (Attachments: # 1 Exhibit Opposition Exhibits)(Anahory, Kevin) (Entered: 06/24/2008) 2 Exhibit Opposition Exhibits View on PACER	June 24, 2008	June 24, 2008 PACER
14	Assented to MOTION for Leave to File a Reply by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit A -- Proposed Reply)(Milton, David) (Entered: 06/26/2008) 2 Exhibit A -- Proposed Reply View on PACER	June 26, 2008	June 26, 2008 PACER
15	ANSWER to 1 Complaint with Jury Demand by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy.(Anahory, Kevin) (Entered: 07/17/2008)	July 17, 2008	July 17, 2008 PACER
16	NOTICE of Scheduling Conference entered: Scheduling Conference set for 1/22/2009 at 02:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Johnson, Mary). (Entered: 12/04/2008)	Dec. 4, 2008	Dec. 4, 2008 PACER
17	CERTIFICATE OF CONSULTATION Pursuant to L.R. 16.1(D)(3). (Anahory, Kevin) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
18	JOINT STATEMENT re scheduling conference. (Milton, David) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
19	CERTIFICATE OF CONSULTATION Pursuant to L.R. 16.1(D)(3). (Milton, David) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
20	STIPULATION of Dismissal by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy. (Anahory, Kevin) (Entered: 05/12/2009)	May 12, 2009	May 12, 2009 RECAP

Case: Prison Legal News v. Clarke

1:08-cv-10677 | U.S. District Court for the District of Massachusetts

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