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

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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 …

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)

Attorney for Plaintiff

Ainsworth, Russel R. (Illinois)

Fifer, Samuel (Illinois)

Attorney for Defendant

Abel, Alison Irene (Illinois)

Lambertson, Andrew W. (Illinois)

Judge(s)

Guzman, Ronald A. (Illinois)

Attorney 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)

Attorney for Defendant

Abel, Alison Irene (Illinois)

Lambertson, Andrew W. (Illinois)

Documents in the Clearinghouse

Documents in this case

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

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Docket

Last updated March 23, 2025, 9:17 a.m.

ECF Number	Date	Description	Link
1	July 15, 2004	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)	PACER
	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)	PACER
	July 21, 2004	4 SUMMONS and 4 copies issued as to Roger E Walker, Sergio Molina, Kenneth R Briley, Robert Catchings. (vmj) (Entered: 07/22/2004)	PACER
2	July 26, 2004	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)	PACER
	Aug. 3, 2004	SUMMONS and one copy issued as to defendant Barbara Hurt. (vmj) (Entered: 08/04/2004)	PACER
3	Aug. 11, 2004	WAIVER of service of summons as to defendant Roger E Walker sent on 7/30/04. (vmj) (Entered: 08/12/2004)	PACER
4	Aug. 11, 2004	RETURN OF SERVICE executed as to defendant Barbara Hurt on 8/6/04. (vmj) (Entered: 08/12/2004)	PACER
5	Sept. 1, 2004	ATTORNEY APPEARANCE for defendanta' by Alison Irene Abel, Andrew William Lambertson. (vmj) (Entered: 09/02/2004)	PACER
6	Sept. 9, 2004	REPORT of parties' planning meeting. (vmj) (Entered: 09/13/2004)	PACER
7	Sept. 15, 2004	CORRECTED COMPLAINT with exhibits [1−1] by plaintiff; Notice. (vmj) (Entered: 09/16/2004)	PACER
8	Sept. 15, 2004	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)	PACER
9	Sept. 30, 2004	AGREED MOTION by defendants to enlarge time in which to answer or otherwise plead to plaintiff's complaint ; Notice (ntf) (Entered: 10/05/2004)	PACER
10	Oct. 4, 2004	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)	PACER
	Oct. 6, 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)	PACER
12	Oct. 15, 2004	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)	PACER
11	Oct. 18, 2004	RESPONSE by plaintiff to defendants' motion to stay (Attachment); Notice. (vmj) (Entered: 10/19/2004)	PACER
13	Oct. 19, 2004	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)	PACER
	Nov. 9, 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)	PACER
14	Dec. 21, 2004	MOTION by plaintiff for leave to file amended complaint (Attachment); Notice. (vmj) (Entered: 01/11/2005)	PACER
16	Jan. 7, 2005	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)	PACER
17	Jan. 20, 2005	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)	PACER
18	Jan. 26, 2005	SUMMONS Returned Executed by William Ryan as to Jerry Baldwin on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)	PACER
19	Jan. 26, 2005	SUMMONS Returned Executed by William Ryan as to Cindy Shelley on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)	PACER
20	Jan. 26, 2005	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)	PACER
21	Jan. 26, 2005	SUMMONS Returned Executed by William Ryan as to Robert Griffin on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)	PACER
22	Jan. 26, 2005	SUMMONS Returned Executed by William Ryan as to Terri Anderson on 1/24/2005, answer due 2/14/2005. (mjc, ) (Entered: 01/28/2005)	PACER
23	Jan. 28, 2005	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)	PACER
24	Jan. 28, 2005	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)	PACER
25	Jan. 28, 2005	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)	PACER
26	Feb. 2, 2005	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)	PACER
29	Feb. 9, 2005	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)	PACER
27	Feb. 10, 2005	MOTION by Defendants to stay discovery; Exhibit A. (rbf, ) Modified on 1/26/2006 (ym, ). (Entered: 02/11/2005)	PACER
28	Feb. 10, 2005	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)	PACER
30	Feb. 17, 2005	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)	PACER
31	Feb. 24, 2005	RESPONSE by William Ryan to motion by Defendants to dismiss 23 ; Notice. (air, ) (Entered: 03/01/2005)	PACER
32	March 10, 2005	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)	PACER
33	June 7, 2005	NOTICE by Uptown People's Law Center of Change of Address (vmj, ) (Entered: 06/13/2005)	PACER
35	June 29, 2005	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)	PACER
36	July 6, 2005	MOTION by Plaintiff William Ryan to lift stay (gma, ) (Entered: 07/07/2005)	PACER
37	July 6, 2005	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)	PACER
39	July 8, 2005	RESPONSE to motion to lift stay of discovery; Notice. (vmj, ) (Entered: 07/15/2005)	PACER
38	July 12, 2005	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)	PACER
40	July 20, 2005	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)	PACER
42	Sept. 1, 2005	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)	PACER
41	Sept. 13, 2005	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)	PACER
43	Sept. 21, 2005	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)	PACER
44	Oct. 20, 2005	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)	PACER
45	Nov. 8, 2005	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)	PACER
46	Nov. 30, 2005	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)	PACER
47	Dec. 21, 2005	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)	PACER
48	Jan. 3, 2006	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)	PACER
49	Jan. 5, 2006	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)	PACER
50	Jan. 13, 2006	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)	PACER
51	Jan. 24, 2006	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)	PACER
52	Jan. 31, 2006	STIPULATION of Dismissal (Lambertson, Andrew) (Entered: 01/31/2006)	PACER
54	Jan. 31, 2006	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)	PACER