Case: Prison Legal News v. Chelan County

2:11-cv-00337 | U.S. District Court for the Eastern District of Washington

Filed Date: Nov. 9, 2011

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On November 9, 2011, Prison Legal News (PLN) filed a lawsuit in the United States District Court of the Eastern District of Washington under the Declaratory Judgment Act and § 1983 against Chelan County Sheriff's Office. Represented by the Human Rights Defense Center and private counsel, PLN noted that specific individuals had asked to receive PLN materials and had been denied them by the Sheriff's Office once the books and publications had arrived. There was no opportunity for PLN to appeal th…

On November 9, 2011, Prison Legal News (PLN) filed a lawsuit in the United States District Court of the Eastern District of Washington under the Declaratory Judgment Act and § 1983 against Chelan County Sheriff's Office. Represented by the Human Rights Defense Center and private counsel, PLN noted that specific individuals had asked to receive PLN materials and had been denied them by the Sheriff's Office once the books and publications had arrived. There was no opportunity for PLN to appeal these decisions or to receive further information about them. PLN claimed that their right to freedom of expression had been denied as well as their right to due process once the books were returned. The plaintiff requested declaratory relief, a preliminary and permanent injunction, compensatory damages, and attorneys' fees and costs.

On December 1, 2011, the District Court Judge approved a consent decree submitted by the parties, who agreed that defendants' mail policy was a violation of the First Amendment and due process. The order enjoined the defendants from rejecting books simply based on whether they were subscriptions or paperback books and without due process notice of rejection. The defendants were also ordered to pay $180,000 in damages, fees, and costs. The parties agreed to a permanent injunction and nothing has been filed in this case since December 1, 2011.

Summary Authors

Deeva Shah (10/2/2014)

Emily Kempa (2/21/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5484970/parties/prison-legal-news-v-chelan-county/


Judge(s)

Shea, Edward F. (Washington)

Attorneys(s) for Plaintiff

Chamberlain, Katherine (Washington)

Weber, Lance (Vermont)

Wing, Jesse (Washington)

Attorneys(s) for Defendant

Rowland, Milton George (Washington)

Judge(s)

Shea, Edward F. (Washington)

Attorneys(s) for Plaintiff

Chamberlain, Katherine (Washington)

Weber, Lance (Vermont)

Wing, Jesse (Washington)

Attorneys(s) for Defendant

Rowland, Milton George (Washington)

Documents in the Clearinghouse

Document

2:11-cv-00337

Docket

Dec. 1, 2011

Dec. 1, 2011

Docket
1

2:11-cv-00337

Complaint

PLN v. Chelan county

Sept. 9, 2011

Sept. 9, 2011

Complaint
6

2:11-cv-00337

Plaintiff's motion for Preliminary Injunction and Memorandum in support

Oct. 17, 2011

Oct. 17, 2011

Pleading / Motion / Brief
52

2:11-cv-00337

Consent Decree

Dec. 1, 2011

Dec. 1, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5484970/prison-legal-news-v-chelan-county/

Last updated Aug. 2, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 350; Receipt # SPO014649). Summons issued. Jury Demand. Filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet)(RF, Case Administrator) (Entered: 09/09/2011)

Sept. 9, 2011

Sept. 9, 2011

2

NOTICE by Prison Legal News re 1 Complaint Amended Civil Cover Sheet (Chamberlain, Katherine) (Entered: 09/13/2011)

Sept. 13, 2011

Sept. 13, 2011

3

AFFIDAVIT of Service for Summons &Complaint served on Brad Posenjak, Chief Deputy Auditor, filed by Prison Legal News. (Attachments: # 1 Supplement)(Wing, Jesse) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

4

AFFIDAVIT of Service for Summons &Complaint served on Betty Taylor, Civil Deputy, filed by Prison Legal News. (Attachments: # 1 Supplement)(Wing, Jesse) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

5

NOTICE of Appearance by Milton George Rowland on behalf of All Defendants (Rowland, Milton) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

6

MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

7

NOTICE of Hearing on Motion Oral Argument Requested re 6 MOTION for Preliminary Injunction : Motion Hearing set for 12/13/2011 10:30 AM in Richland before Judge Edward F. Shea. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

8

MEMORANDUM in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

9

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

10

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first five pages are a duplicate of ECF No. 9 − this is a continuation of exhibits

Oct. 17, 2011

Oct. 17, 2011

12

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Errata 13 − Part 1)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first five pages are a duplicate of ECF No. 9 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

13

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first five pages are a duplicate of ECF No. 9 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

14

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit 13−Part 2)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first five pages are a duplicate of ECF No. 9 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

15

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

16

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

17

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

18

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit P, # 2 Exhibit Q, # 3 Exhibit R, # 4 Exhibit S, # 5 Exhibit T)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

19

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit U, # 2 Exhibit V, # 3 Exhibit W, # 4 Exhibit X, # 5 Exhibit Y)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

20

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit AA, # 2 Exhibit BB, # 3 Exhibit CC, # 4 Exhibit DD)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

22

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh EE−Part 2) by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

23

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh EE−Part 3) by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to link to motions (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

24

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh EE−Part 4) by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

25

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh FF) by Prison Legal News. (Attachments: # 1 Exhibit GG, # 2 Exhibit HH, # 3 Exhibit II, # 4 Exhibit JJ)(Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

26

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh KK) by Prison Legal News. (Attachments: # 1 Exhibit LL, # 2 Exhibit MM, # 3 Exhibit NN, # 4 Exhibit OO, # 5 Exhibit PP)(Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

27

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh QQ) by Prison Legal News. (Attachments: # 1 Exhibit RR, # 2 Exhibit SS, # 3 Exhibit TT, # 4 Exhibit UU, # 5 Exhibit VV)(Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

28

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh WW) by Prison Legal News. (Attachments: # 1 Exhibit XX, # 2 Exhibit YY, # 3 Exhibit ZZ, # 4 Exhibit AAA)(Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

29

DECLARATION by Cameron Bibles in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

30

DECLARATION by Scott Brixey in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

31

DECLARATION by David Dronen in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

32

DECLARATION by Donald Foust in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

33

DECLARATION by Carlos Garcia in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

35

DECLARATION by Jose Quintana in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

36

DECLARATION by Terry Wilsey in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

37

DECLARATION by Christopher Wilson in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

38

DECLARATION by Aaron Yancey in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

39

NOTICE of Hearing on Motion − By Court − Text entry;no PDF document. Oral Argument Requested re 6 MOTION for Preliminary Injunction : Motion Hearing RESET for 12/13/2011 10:30 AM in Spokane before Judge Edward F. Shea. (DB, Courtroom Deputy) Modified on to remove "quarterly" from the docket text 10/18/2011 (CV, Case Administrator). (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

40

MOTION to Appear Pro Hac Vice re Attorney: Lance Weber. Filing fee $ 150, receipt number 0980−1197430. by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Wing, Jesse) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

41

NOTICE of Hearing on Motion re 40 MOTION to Appear Pro Hac Vice re Attorney: Lance Weber. Filing fee $ 150, receipt number 0980−1197430. : Motion Hearing set for 11/23/2011 06:30 PM Without Oral Argument before Judge Edward F. Shea. (Wing, Jesse) Modified docket text on 10/25/2011 to reflect hearing is without oral argument instead of in Richland (CV, Case Administrator). (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

42

Stipulated MOTION for Extension of Time to File Response/Reply by All Parties. (Attachments: # 1 Text of Proposed Order)(Rowland, Milton) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

43

ORDER GRANTING IN PART THE PARTIES' STIPULATED MOTION REGARDING EXTENSION OF BRIEFING DEADLINES; granting in part and denying in part 42 Motion for Extension of Time to Briefing Deadlines. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

44

ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE granting 40 Motion for Leave to Appear Pro Hac Vice. Added Attorney Lance Weber for Prison Legal News. Signed by Judge Edward F. Shea. (VR, Courtroom Deputy) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

45

Joint MOTION for Permanent Injunction (Consent Decree) by All Parties. (Attachments: # 1 Text of Proposed Order Consent Decree)(Chamberlain, Katherine) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

46

MEMORANDUM in Support re 45 Joint MOTION for Permanent Injunction (Consent Decree) filed by All Parties. (Attachments: # 1 Exhibit Resolution)(Chamberlain, Katherine) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

47

NOTICE of Hearing on Motion re 45 Joint MOTION for Permanent Injunction (Consent Decree) : Motion Hearing set for 11/30/2011 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Chamberlain, Katherine) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

49

MEMORANDUM in Support re 48 Joint MOTION to Expedite Hearing on Jt. M. for Entry of Consent Decree (Dkt. 45) filed by All Parties. (Chamberlain, Katherine) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

50

NOTICE of Hearing on Motion re 48 Joint MOTION to Expedite Hearing on Jt. M. for Entry of Consent Decree (Dkt. 45) : Motion Hearing set for 11/30/2011 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Chamberlain, Katherine) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

51

ORDER GRANTING THE PARTIES' JOINT MOTION FOR ENTRY OF CONSENT DECREE AND RELATED MOTION TO EXPEDITE - granting 45 Motion for Permanent Injunction; and granting 48 Motion to Expedite. Signed by Judge Edward F. Shea. (CS, Case Administrator)

Dec. 1, 2011

Dec. 1, 2011

RECAP
52

CONSENT DECREE signed by Judge Edward F. Shea. (CS, Case Administrator)

Dec. 1, 2011

Dec. 1, 2011

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 9, 2011

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Publisher of a monthly magazine and distributor of books- focused on informing incarcerated individuals of their rights.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Chelan County (Chelan), County

Chelan County Sheriff's Office (Chelan), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 180,000

Issues

General:

Conditions of confinement

Library (non-law) access

Mail

Type of Facility:

Government-run