Case: Mujahid v. Sumner

1:92-cv-00060 | U.S. District Court for the District of Hawaii

Filed Date: Feb. 3, 1992

Closed Date: July 22, 1993

Clearinghouse coding complete

Case Summary

On February 3, 1992 an individual inmate at Halawa Medium Security Facility filed a pro se complaint against the Director of the Department of Public Safety and an administrator of the prison in the District Court for the District of Hawaii, under 42 U.S.C. § 1983, seeking declaratory and injunctive relief and compensatory damages. The Plaintiff alleged that the Defendants promulgated and enforced policies that prevented Plaintiff from writing to specific members of the news media. He alleged t…

On February 3, 1992 an individual inmate at Halawa Medium Security Facility filed a pro se complaint against the Director of the Department of Public Safety and an administrator of the prison in the District Court for the District of Hawaii, under 42 U.S.C. § 1983, seeking declaratory and injunctive relief and compensatory damages. The Plaintiff alleged that the Defendants promulgated and enforced policies that prevented Plaintiff from writing to specific members of the news media. He alleged that his equal protections rights were violated because other prisoners were selectively allowed to write to the news media even though he was not.

Both parties moved for summary judgment, and on September 18, 1992 Magistrate Judge Francis I. Yamashita filed a Report and Recommendation finding that Plaintiff's motion for summary judgment should be denied and Defendants' motion for summary judgment should be granted. On November 12, 1992 the court (Judge David A. Ezra) affirmed in part and reversed in part the Magistrate's Report and Recommendation, granting summary judgment in favor of the Plaintiff declaring Hawaii Administrative Rules 17-203-11(g)(4) and (i) unconstitutional, but also granting summary judgment in favor of defendants, as prison officials were qualifiedly immune in their official capacities. The court therefore dismissed Plaintiff's claims for damages.

Plaintiff filed an appeal to the Court of Appeals for the Ninth Circuit on December 4, 1992. On July 22, 1993 the Ninth Circuit (Judges William C. Canby, Jr., Ferdinand Francis Fernandez, Thomas G. Nelson) affirmed the District Court's decision

Summary Authors

Caitlin Howitt (12/2/2011)

People


Judge(s)

Canby, William Cameron Jr. (Arizona)

Conklin, Daral G. (Hawaii)

Ezra, David Alan (Hawaii)

Fernandez, Ferdinand Francis (California)

Nelson, Thomas G. (Idaho)

Yamashita, Francis I (Hawaii)

Attorneys(s) for Defendant

Farrell, Thomas D. (Hawaii)

Grayson, Glenn S. (Missouri)

Price, Warren III (Hawaii)

Judge(s)

Canby, William Cameron Jr. (Arizona)

Conklin, Daral G. (Hawaii)

Ezra, David Alan (Hawaii)

Fernandez, Ferdinand Francis (California)

Nelson, Thomas G. (Idaho)

Yamashita, Francis I (Hawaii)

Attorneys(s) for Defendant

Farrell, Thomas D. (Hawaii)

Grayson, Glenn S. (Missouri)

Price, Warren III (Hawaii)

Documents in the Clearinghouse

Document

92-17082

Appellate Docket

U. S. Court of Appeals for the Ninth Circuit

June 28, 1993

June 28, 1993

Docket

1:92-cv-00060

Docket (District Court)

July 22, 1993

July 22, 1993

Docket
20

1:92-cv-00060

Report and Recommendation [Recommending that the Court Deny Plaintiff's Motion for Summary Judgment, and Grant Defendants' Motion for Summary Judgment]

1992 U.S.Dist.LEXIS 19841

Sept. 18, 1992

Sept. 18, 1992

Magistrate Report/Recommendation
28

1:92-cv-00060

Order on Appeal from Report and Recommendation

807 F.Supp. 1505

Nov. 12, 1992

Nov. 12, 1992

Order/Opinion

92-17082

Opinion [Affirming District Court's Judgment]

U. S. Court of Appeals for the Ninth Circuit

996 F.2d 1226

June 28, 1993

June 28, 1993

Order/Opinion

Docket

Last updated Sept. 1, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) (referred to Mag Judge Daral G. Conklin ) (fe) (Entered: 02/21/1992)

Feb. 3, 1992

Feb. 3, 1992

2

ORDER by Judge Alan C. Kay rule 16 conference set for 8:30 5/7/92 before Mag Judge Daral G. Conklin (fe) (Entered: 02/21/1992)

Feb. 3, 1992

Feb. 3, 1992

3

Application by pltff to proceed in forma pauperis before Mag Judge Daral G. Conklin (fe) (Entered: 02/21/1992)

Feb. 3, 1992

Feb. 3, 1992

5

NOTICE − rule 16 conference set for 8:15 5/12/92 before Mag Judge Daral G. Conklin (cc: all counsel) (tbf) (Entered: 04/30/1992)

April 28, 1992

April 28, 1992

6

NOTICE − rule 16 conference set for 8:30 6/15/92 before Mag Judge Daral G. Conklin Mr. Smith by phone (cc: all counsel) (tbf) (Entered: 05/08/1992)

May 5, 1992

May 5, 1992

7

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant George W. Sumner on 4/30/92 (tbf) (Entered: 06/04/1992)

June 2, 1992

June 2, 1992

8

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant John Smythe on 4/29/92 (tbf) (Entered: 06/04/1992)

June 2, 1992

June 2, 1992

9

MOTION by defendant for judgment on the pleadings or in the alternative for summary judgment; memorandum in support of motion; certificate of service − referred to Mag Judge Daral G. Conklin (tbf) (Entered: 06/17/1992)

June 15, 1992

June 15, 1992

10

EP : ; rule 16 conference held on 8:30 6/15/92 ; Trial set for 9:00 11/24/92 before Judge David A. Ezra , ; final pretrial conference set for 2:00 11/13/92 ; pretrial statements 11/6/92; Motion filing ddl set for 9/15/92 ; Discovery ddl set for 10/13/92; disclose names and addresses of expert witnesses 9/15/92 before Mag Judge Daral G. Conklin ( Ct Rptr : No Record) JUDGE Mag Judge Daral G. Conklin (tbf) (Entered: 06/18/1992)

June 15, 1992

June 15, 1992

11

SCHEDULING ORDER Mag Judge Daral G. Conklin (tbf) (Entered: 06/18/1992)

June 15, 1992

June 15, 1992

12

NOTICE − re motion for summary judgment − cc: all counsel − by DARAL G. CONKLIN (tbf) (Entered: 07/02/1992)

June 30, 1992

June 30, 1992

13

ORDER setting response time − plaintiff respond by 7/30/92 − by Mag Judge Daral G. Conklin re [9−1] (cc: all counsel) (tbf) (Entered: 07/02/1992)

June 30, 1992

June 30, 1992

14

MOTION by plaintiff in opposition and cross motion for summary judgment and motion for a preliminary injunction; memorandum of laws in support of opposition motion and preliminary injunction; notice of motion for a preliminary injunction; affidavit of Sabil M. Mujahid; exhibits "1 thru 24; and certificate of service − referred to Mag Judge Daral G. Conklin (tbf) (Entered: 07/23/1992)

July 8, 1992

July 8, 1992

15

MEMORANDUM by defendant in opposition to motion for summary judgment [14−1] and in opposition to plaintiff's motion for preliminary injunction; certificate of service (tbf) (Entered: 07/23/1992)

July 20, 1992

July 20, 1992

16

REPLY by plaintiff to defendants memorandum in opposition to cross motion for summary judgment [14−1] and preliminary injunction; certificate of service (tbf) (Entered: 08/13/1992)

Aug. 12, 1992

Aug. 12, 1992

17

MOTION by plaintiff to strike defendants pleadings − referred to Mag Judge Francis I. Yamashita (tbf) (Entered: 08/13/1992)

Aug. 12, 1992

Aug. 12, 1992

18

MOTION by plaintiff to sanction counsel under rule 11 − referred to Mag Judge Francis I. Yamashita (tbf) (Entered: 08/13/1992)

Aug. 12, 1992

Aug. 12, 1992

19

CERTIFICATE of service (wnn) (Entered: 09/15/1992)

Sept. 15, 1992

Sept. 15, 1992

20

REPORT AND RECOMMENDATION concerning motion to sanction [18−1], motion to strike [17−1], motion for summary judgment [14−1], motion for judgment on the pleadings [9−1] by Mag Judge Francis I. Yamashita (cc: all counsel) (wnn) (Entered: 09/18/1992)

Sept. 18, 1992

Sept. 18, 1992

21

MOTION by plaintiff Sabil M. Mujahid to admit exhibits #34 and #35 in the records (in the records for reconsideration of plaintiffs summary judgment ; certificate of service − referred to Mag Judge Francis I. Yamashita (wnn) (Entered: 09/28/1992)

Sept. 24, 1992

Sept. 24, 1992

22

CERTIFICATE of service (wnn) (Entered: 10/02/1992)

Oct. 1, 1992

Oct. 1, 1992

23

OBJECTIONS by plaintiff to magistrate's report and recommendation [20−1]; objection to the magistrate's denial of plaintiffs motion for a preliminary injunction filed on September 18, 1992; and certificate of service − referred to Ezra (tbf) (Entered: 10/07/1992)

Oct. 2, 1992

Oct. 2, 1992

24

PRETRIAL STATEMENT by defendants; certificate of service (wnn) (Entered: 11/06/1992)

Nov. 6, 1992

Nov. 6, 1992

26

EP : ; final pretrial conference moved to 8:30 11/13/92 before Mag Judge Francis I. Yamashita ; cc: Smith, Farrell ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 11/12/1992)

Nov. 6, 1992

Nov. 6, 1992

25

MOTION by plaintiff to vacate or reset pretrial statement and trial dates ; certificate of service − referred to Ezra(tbf) Modified on 11/10/1992 (Entered: 11/10/1992)

Nov. 9, 1992

Nov. 9, 1992

27

ORDER by Judge David A. Ezra denying plaintiff's and defendants' motion to vacate trial date as moot [25−1] (cc: all counsel) (tbf) (Entered: 11/13/1992)

Nov. 12, 1992

Nov. 12, 1992

28

ORDER by Judge David A. Ezra affirming in part and reversing in part the report and recommendation of the magistrate; granting summary judgment in favor of plaintiff declaring Hawaii Administrative Rules 17−203−11(g)(4 and (i) unconstitutional; granting summary judgment in favor of defendants dismissing plaintiff's claims for damages; affirming the magistrate's denial of plaintiff's motion to strike defendants' pleadings and to sanction counsel; and denying as moot plaintiff's motion for preliminary injunction [20−1] − (cc: all counsel) (tbf) (Entered: 11/17/1992)

Nov. 12, 1992

Nov. 12, 1992

29

JUDGMENT: summary judgment is entered in favor of defendants and against plaintiff as to plaintiff's claims for damages against defendants for actions in their official and individual capacities; summary judgment is entered in favor of plaintiff and against defendants as to plaintiff's claim that Hi Administrative Rules 17−203−11(g)(4) and (i) are unconstitutional; also Halawa facility is enjoined from enforcing said regulations; also plaintiff's motion for preliminary injunction is denied as moot re [28−1] terminating case (cc: all counsel) (tbf) (Entered: 11/24/1992)

Nov. 24, 1992

Nov. 24, 1992

30

NOTICE OF APPEAL by plaintiff Sabil M. Mujahid from Dist. Court decision [29−2] − CA 92−17082 (cc: all counsel) (vkc) Modified on 01/11/1993 (Entered: 12/04/1992)

Dec. 4, 1992

Dec. 4, 1992

NOTICE OF APPEAL and copy of docket sheet sent to 9th CCA [30−1] (cc: all counsel) (vkc) (Entered: 12/04/1992)

Dec. 4, 1992

Dec. 4, 1992

31

JUDGMENT−9TH CCA affirming the decision of the District Court [30−1] − [filed &entered: 6/28/93, attest date: 7/20/93] (cc: all counsel) (wnn) (Entered: 07/22/1993)

July 22, 1993

July 22, 1993

Case Details

State / Territory: Hawaii

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 3, 1992

Closing Date: July 22, 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An inmate at Halawa Medium Security Facility.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director of the Department of Public Safety (Honolulu), State

Administrator Halawa Medium Security Facility (Honolulu), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Source of Relief:

Litigation

Issues

General:

Mail

Type of Facility:

Government-run