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 attorneys, 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

Docket

Dec. 1, 2011 Docket
1

Complaint

PLN v. Chelan county

Sept. 9, 2011 Complaint
6

Plaintiff's motion for Preliminary Injunction and Memorandum in support

Oct. 17, 2011 Pleading / Motion / Brief
52

Consent Decree

Dec. 1, 2011 Order/Opinion

Resources

Title Description External URL

Prison Legal News Homepage

Prison Legal News

Prison Legal News (PLN), a project of the non-profit Human Rights Defense Center, is a 72-page monthly magazine that reports on criminal justice issues and prison and jail-related civil litigation, w… https://www.prisonlegalnews.org/

Docket

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

Last updated May 19, 2022, 10:07 p.m.

ECF Number Description 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
2

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

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
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
5

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

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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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) (Entered: 12/01/2011)

Dec. 1, 2011
52

CONSENT DECREE signed by Judge Edward F. Shea. (CS, Case Administrator) (Entered: 12/01/2011)

Dec. 1, 2011

State / Territory: Washington

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

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