Case: Ryan v. Walker

1:04-cv-04635 | U.S. District Court for the Northern District of Illinois

Filed Date: July 15, 2004

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On July 15, 2004, a volunteer prisoners' rights advocate filed this lawsuit in the United States District Court for the Northern District of Illinois under 42 U.S.C. § 1983. In his complaint, the plaintiff requested injunctive and declaratory relief and compensatory and punitive damages against the Illinois Department of Corrections (IDOC) and the Stateville Correctional Center. He alleged that the defendants' ban on distributing, "Stateville Speaks" inside Stateville Corrections Center was in …

On July 15, 2004, a volunteer prisoners' rights advocate filed this lawsuit in the United States District Court for the Northern District of Illinois under 42 U.S.C. § 1983. In his complaint, the plaintiff requested injunctive and declaratory relief and compensatory and punitive damages against the Illinois Department of Corrections (IDOC) and the Stateville Correctional Center. He alleged that the defendants' ban on distributing, "Stateville Speaks" inside Stateville Corrections Center was in violation of the First Amendment right to free speech and publication and Due Process as well as the Illinois Civil Rights Act. The plaintiff was represented by the Uptown People's Law Center.

In the summer of 2003, the plaintiff had sponsored an essay contest for inmates to answer the question, "Who am I", "What Can I Do to be Better?" The inmates submitted essays, which were judged by writers from the Chicago Tribune, CNN, and Chicago Sun Times. Based on the success of the contest, in the summer of 2004, the plaintiff published the essays in a book titled, Inside Prison Heart.

Following the publication, the plaintiff and one of the Stateville inmates, discussed publishing a newspaper, to be distributed within the prison. The proposed publication, "Stateville Speaks" would be a compilation of essays, poems, and news items written by inmates. A similar prison newspaper had been published years earlier.

In December 2003, the Chief of Operations at Stateville (COO) approved the publication, but in January 2004, a newly-appointed COO would not allow the publication within the prison. In March 2004, the plaintiff raised funds through private donors and published Stateville Speaks outside of the prison. According the IDOC's criteria, none of the printed material was prohibited. He then sent copies to the defendants. Two to three weeks passed without any response from the defendants. So, the plaintiff distributed copies to five inmates, with the intention of distributing another 100 copies within the prison. However, later in March, the prison refused to deliver the publication, and referred the matter to a "Publication Review Committee." That committee never responded to the plaintiff's inquiries. This case ensued.

In August 2004, one month after the plaintiff filed his first complaint and five months after the first denial of permission, the defendants again stated that the material was prohibited and refused to deliver newspapers within the prison. In November 2004, the defendants shifted positions, and permitted distribution, but only if the plaintiff removed one article and a portion of another article. At no point was the plaintiff offered a method by which to appeal any decision.

On January 7, 2005, the plaintiff filed an amended complaint. On September 1, 2005, the defendants' motion to dismiss was denied by the District Court (Judge Ronald A. Guzman). The District Court held that the First Amendment protected plaintiff's right to publish the speech of Stateville inmates and to distribute it the inmates.

In November the parties settled, and on January 31, 2006, a stipulation of dismissal was entered. Although the agreement is not available, a 2006 Prison Legal News article explained that under the settlement, the state revised its policy to provide for written notice of rejection of any publication to the aggrieved prisoner and to the publisher within 30 days, after which time the prisoner may submit a supportive statement within seven days and the publisher may object within 21 days. The defendants also agreed $15,000 in attorney fees.

As of January 31, 2006 the case is closed.

Summary Authors

Beth Richardson (7/8/2015)

People


Judge(s)

Guzman, Ronald A. (Illinois)

Attorneys(s) for Plaintiff

Ainsworth, Russel R. (Illinois)

Fifer, Samuel (Illinois)

Loevy, Arthur R. (Illinois)

Mills, Alan S. (Illinois)

Norton, Terrance Anthony (Illinois)

Parcel, Carin (Illinois)

Riekes, Carin (Illinois)

Attorneys(s) for Defendant

Abel, Alison Irene (Illinois)

Lambertson, Andrew W. (Illinois)

Judge(s)

Guzman, Ronald A. (Illinois)

Attorneys(s) for Plaintiff

Ainsworth, Russel R. (Illinois)

Fifer, Samuel (Illinois)

Loevy, Arthur R. (Illinois)

Mills, Alan S. (Illinois)

Norton, Terrance Anthony (Illinois)

Parcel, Carin (Illinois)

Riekes, Carin (Illinois)

Attorneys(s) for Defendant

Abel, Alison Irene (Illinois)

Lambertson, Andrew W. (Illinois)

Documents in the Clearinghouse

Document

1:04-cv-04635

CIVIL DOCKET FOR CASE #: 1:04−cv−04635

Jan. 31, 2006

Jan. 31, 2006

Docket
1

1:04-cv-04635

Complaint

July 15, 2004

July 15, 2004

Complaint
7

1:04-cv-04635

Notice of Filing and Corrected Complaint with Exhibits

Sept. 15, 2004

Sept. 15, 2004

Complaint
16

1:04-cv-04635

First Amended Complaint

Jan. 7, 2005

Jan. 7, 2005

Complaint
42

1:04-cv-04635

[Order denying 12(b)(6) motion to dismiss]

Sept. 1, 2005

Sept. 1, 2005

Order/Opinion
52

1:04-cv-04635

Stipulation to Dismiss

Jan. 31, 2006

Jan. 31, 2006

Settlement Agreement

Resources

Docket

Last updated Aug. 7, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Carin Susann Riekes, Terrance Anthony Norton, Samuel Fifer, Russell Ainsworth, Arthur R. Loevy, Jonathan I. Loevy as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1−1 through 1−3) (vmj) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

RECEIPT regarding payment of filing fee paid; on 7/15/04 in the amount of $ 150.00, receipt # 10630777. (vmj) (Entered: 07/16/2004)

July 15, 2004

July 15, 2004

4 SUMMONS and 4 copies issued as to Roger E Walker, Sergio Molina, Kenneth R Briley, Robert Catchings. (vmj) (Entered: 07/22/2004)

July 21, 2004

July 21, 2004

2

RETURN OF SERVICE executed as to defendants' Roger E Walker, Kenneth R Briley, Robert Catchings and Sergio Molina on 7/22/04. (vmj) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

SUMMONS and one copy issued as to defendant Barbara Hurt. (vmj) (Entered: 08/04/2004)

Aug. 3, 2004

Aug. 3, 2004

3

WAIVER of service of summons as to defendant Roger E Walker sent on 7/30/04. (vmj) (Entered: 08/12/2004)

Aug. 11, 2004

Aug. 11, 2004

4

RETURN OF SERVICE executed as to defendant Barbara Hurt on 8/6/04. (vmj) (Entered: 08/12/2004)

Aug. 11, 2004

Aug. 11, 2004

5

ATTORNEY APPEARANCE for defendanta' by Alison Irene Abel, Andrew William Lambertson. (vmj) (Entered: 09/02/2004)

Sept. 1, 2004

Sept. 1, 2004

6

REPORT of parties' planning meeting. (vmj) (Entered: 09/13/2004)

Sept. 9, 2004

Sept. 9, 2004

7

CORRECTED COMPLAINT with exhibits [1−1] by plaintiff; Notice. (vmj) (Entered: 09/16/2004)

Sept. 15, 2004

Sept. 15, 2004

8

MINUTE ORDER of 9/15/04 by Hon. Ronald A. Guzman: Status hearing held and continued to 1/5/05 at 9:30 a.m. Fact discovery closes 1/3/05. Plaintiff's expert disclosures by 1/18/05. Plaintiff's expert depositions by 1/31/05. Defendant's expert disclosures by 2/15/05. Defendant's expert depositions by 2/28/05. All dispositive motions to be filed on or before 3/15/05. Mailed notice (vmj) (Entered: 09/16/2004)

Sept. 15, 2004

Sept. 15, 2004

9

AGREED MOTION by defendants to enlarge time in which to answer or otherwise plead to plaintiff's complaint ; Notice (ntf) (Entered: 10/05/2004)

Sept. 30, 2004

Sept. 30, 2004

10

MINUTE ORDER of 10/4/04 by Hon. Ronald A. Guzman: Defendants' agreed motion to enlarge time in which to answer or otherwise plead to plaintiff's complaint is granted [9−1] to and including 10/15/04. Telephoned notice (ntf) (Entered: 10/05/2004)

Oct. 4, 2004

Oct. 4, 2004

SCHEDULE set on 10/6/04 by Hon. Ronald A. Guzman : Settlement conference set for 2:30 10/21/04 . ** Judge Guzman's standing order regarding settlement conferences is posted on the Court's website: www.ilnd.uscourts.gov. Mailed notice (cjg) (Entered: 10/06/2004)

Oct. 6, 2004

Oct. 6, 2004

12

MOTION by defendants' to stay proceedings or for enlargement of time in which to respond to discovery requests (Attachment); Notice. (vmj) (Entered: 10/20/2004)

Oct. 15, 2004

Oct. 15, 2004

11

RESPONSE by plaintiff to defendants' motion to stay (Attachment); Notice. (vmj) (Entered: 10/19/2004)

Oct. 18, 2004

Oct. 18, 2004

13

MINUTE ORDER of 10/19/04 by Hon. Ronald A. Guzman: Defendants' motion to stay proceedings [12−1] or for enlargement of time in which to respond to discovery request [12−2] is granted in part. All proceedings are stayed until the next status hearing. Status hearing set for 11/9/04 at 9:30 a.m. Settlement conference set for 10/21/04 is stricken. Mailed notice (vmj) (Entered: 10/20/2004)

Oct. 19, 2004

Oct. 19, 2004

SCHEDULE set on 11/9/04 by Hon. Ronald A. Guzman : Status hearing held and continued to 9:30 1/7/05 . Amendments to pleadings or addition of parties to be filed on or before 12/24/04. In court notice (cjg) (Entered: 11/10/2004)

Nov. 9, 2004

Nov. 9, 2004

14

MOTION by plaintiff for leave to file amended complaint (Attachment); Notice. (vmj) (Entered: 01/11/2005)

Dec. 21, 2004

Dec. 21, 2004

16

FIRST AMENDED COMPLAINT by plaintiff; jury demand; adding Robert Griffin, Jerry Baldwin, Cindy Shelley, Vernette Covin−Russell, Terri Anderson (Attachments); Notice. (vmj) (Entered: 01/11/2005)

Jan. 7, 2005

Jan. 7, 2005

17

5 SUMMONS and 5 copies Issued as to Defendants Vernette Covin−Russell, Terri Anderson, Robert Griffin, Jerry Baldwin, Cindy Shelley (vmj, ) (Entered: 01/25/2005)

Jan. 20, 2005

Jan. 20, 2005

18

SUMMONS Returned Executed by William Ryan as to Jerry Baldwin on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)

Jan. 26, 2005

Jan. 26, 2005

19

SUMMONS Returned Executed by William Ryan as to Cindy Shelley on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)

Jan. 26, 2005

Jan. 26, 2005

20

SUMMONS Returned Executed by William Ryan as to Vernette Covin−Russell on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)

Jan. 26, 2005

Jan. 26, 2005

21

SUMMONS Returned Executed by William Ryan as to Robert Griffin on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)

Jan. 26, 2005

Jan. 26, 2005

22

SUMMONS Returned Executed by William Ryan as to Terri Anderson on 1/24/2005, answer due 2/14/2005. (mjc, ) (Entered: 01/28/2005)

Jan. 26, 2005

Jan. 26, 2005

23

12(b)(6)MOTION by Defendants Roger E Walker, Kenneth R Briley, Robert Catchings, Sergio Molina and Barbara Hurt to dismiss plaintiff's complaint (las, ) (Entered: 01/31/2005)

Jan. 28, 2005

Jan. 28, 2005

24

NOTICE of Motion by Alison Irene Abel for presentment of defendants Roger E Walker, Kenneth R Briley, Robert Catchings, Sergio Molina and Barbara Hurt motion to dismiss 23 before Honorable Ronald A. Guzman on 2/3/2005 at 09:30 AM. (las, ) (Entered: 01/31/2005)

Jan. 28, 2005

Jan. 28, 2005

25

MEMORANDUM by Roger E Walker, Kenneth R Briley, Robert Catchings, Sergio Molina, Barbara Hurt in Support of their 12(b)(6) motion to dismiss 23 (las, ) (Entered: 01/31/2005)

Jan. 28, 2005

Jan. 28, 2005

26

MINUTE entry before Judge Ronald A. Guzman : Defendants' motion to dismiss 23 is taken under advisement: Response due by 2/24/2005 Reply due by 3/10/2005. Telephone notice (jms, ) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

29

ATTORNEY Appearance for Defendants Vernette Covin−Russell, Terri Anderson, Robert Griffin, Jerry Baldwin, Cindy Shelley by Alison Irene Abel, Andrew William Lambertson (vmj, ) Modified on 3/10/2006 (cem, ). (Entered: 02/14/2005)

Feb. 9, 2005

Feb. 9, 2005

27

MOTION by Defendants to stay discovery; Exhibit A. (rbf, ) Modified on 1/26/2006 (ym, ). (Entered: 02/11/2005)

Feb. 10, 2005

Feb. 10, 2005

28

NOTICE of Motion by Andrew William Lambertson for presentment of defendants motion to stay discovery 27 before Honorable Ronald A. Guzman on 2/17/2005 at 09:30 AM. (rbf, ) (Entered: 02/11/2005)

Feb. 10, 2005

Feb. 10, 2005

30

MINUTE entry before Judge Ronald A. Guzman : Motion to stay 27 is granted. Status hearing set for 3/9/05 is stricken. In court notice (cjg, ) (Entered: 02/28/2005)

Feb. 17, 2005

Feb. 17, 2005

31

RESPONSE by William Ryan to motion by Defendants to dismiss 23 ; Notice. (air, ) (Entered: 03/01/2005)

Feb. 24, 2005

Feb. 24, 2005

32

REPLY by Defendants' in support of 12(b)(6) motion to dismiss 23 ; Notice (vmj, ) Modified on 3/14/2005 (vmj, ). (Entered: 03/14/2005)

March 10, 2005

March 10, 2005

33

NOTICE by Uptown People's Law Center of Change of Address (vmj, ) (Entered: 06/13/2005)

June 7, 2005

June 7, 2005

35

MINUTE entry before Judge Ronald A. Guzman : Status hearing held on 6/29/2005. Status hearing set for 7/29/2005 at 09:30 AM. In court notice (cjg, ) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

36

MOTION by Plaintiff William Ryan to lift stay (gma, ) (Entered: 07/07/2005)

July 6, 2005

July 6, 2005

37

NOTICE of Motion by Russell Ainsworth for presentment of MOTION by Plaintiff William Ryan to lift stay 36 before Honorable Ronald A. Guzman on 7/12/2005 at 09:30 AM. (gma, ) (Entered: 07/07/2005)

July 6, 2005

July 6, 2005

39

RESPONSE to motion to lift stay of discovery; Notice. (vmj, ) (Entered: 07/15/2005)

July 8, 2005

July 8, 2005

38

MINUTE entry before Judge Ronald A. Guzman : MOTION by Plaintiff William Ryan to lift stay 36 is denied without prejudice for the reasons stated in open court. No notice, advised in open court (jms, ) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

40

MINUTE entry before Judge Ronald A. Guzman :Status hearing set for 7/29/05 is stricken on Court's own motion. Mailed notice (cjg, ) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

42

MINUTE entry before Judge Ronald A. Guzman: For the reasons set forth in this Order, defendants' Rule 12(b)(6) motion to dismiss 23 is denied. Mailed notice (vmj, ) (Entered: 09/14/2005)

Sept. 1, 2005

Sept. 1, 2005

41

MINUTE entry before Judge Ronald A. Guzman : Status hearing set for 9/21/2005 at 09:30 AM. Mailed notice (cjg, ) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

43

MINUTE entry before Judge Ronald A. Guzman : Status hearing held on 9/21/2005. Settlement Conference set for 10/12/2005 at 02:30 PM. ** Judge Guzman's standing order regarding settlement conferences is posted on the Court's website: www.ilnd.uscourts.gov. Mailed notice (cjg, ) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

44

MINUTE entry before Judge Ronald A. Guzman : Settlement Conference set for 11/8/2005 at 02:00 PM. Mailed notice (cjg, ) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

45

MINUTE entry before Judge Ronald A. Guzman : Settlement conference held on 11/8/2005. Settlement Conference set for 11/30/2005 at 02:00 PM. Mailed notice (cjg, ) (Entered: 11/09/2005)

Nov. 8, 2005

Nov. 8, 2005

46

MINUTE entry before Judge Ronald A. Guzman : Settlement conference scheduled for 11/30/05 is stricken on parties representation that case is settled. Status hearing set for 12/21/2005 at 09:30 AM. Mailed notice (cjg, ) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

47

MINUTE entry before Judge Ronald A. Guzman : Status hearing held on 12/21/2005. Status hearing set for 1/4/2006 at 09:30 AM. Mailed notice (cjg, ) (Entered: 01/03/2006)

Dec. 21, 2005

Dec. 21, 2005

48

MINUTE entry before Judge Ronald A. Guzman : Status hearing scheduled for 1/4/06 is reset for 1/6/2006 at 09:30 AM. on parties request. Mailed notice (cjg, ) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

49

MINUTE entry before Judge Ronald A. Guzman : Status hearing scheduled for 1/6/06 is reset for 1/13/2006 at 09:30 AM. on request of parties. Mailed notice (cjg, ) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

50

MINUTE entry before Judge Ronald A. Guzman : Status hearing held on 1/13/2006 Status hearing set for 1/27/2006 at 09:30 AM. Mailed notice (cjg, ) (Entered: 01/17/2006)

Jan. 13, 2006

Jan. 13, 2006

51

MINUTE entry before Judge Ronald A. Guzman : Status hearing scheduled for 1/27/06 is reset for 2/1/2006 at 09:30 AM. on Court's own motion. Mailed notice (cjg, ) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

52

STIPULATION of Dismissal (Lambertson, Andrew) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

54

MINUTE entry before Judge Ronald A. Guzman : Pursuant to parties' stipulation to dismiss, this action is hereby dismissed with prejudice and without leave to reinstate except as provided in paragraph 4 of the settlement agreement with regards to all claims. Each party shall bear his own costs, attorneys' fees and expenses. Any pending motions or schedules are stricken as moot. Civil case terminated. Mailed notice (cjg, ) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 15, 2004

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A volunteer advocate for Illinois Department of Corrections inmates.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Illinois Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2006 - 0

Issues

General:

Mail

Type of Facility:

Government-run