Case: Prison Legal News v. Livingston County Sheriff Bob Bezotte

2:11-cv-13460 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 9, 2011

Case Ongoing

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Case Summary

On August 9, 2011, Human Rights Defense Center (HRDC), doing business as Prison Legal News (PLN), a publisher that produces a monthly journal concerning criminal justice issues, filed suit in the U.S. District Court of the Eastern District of Michigan against the Livingston County Sheriff and Livingston County under 42 U.S.C. §1983. PLN, represented by private counsel and the Human Rights Defense Center, claimed that defendants had implemented a mail policy at the Livingston County Jail that re…

Specifically, PLN alleged that Livingston County Jail had, without notice, censored and prevented addressees from receiving mail sent by PLN and did not provide them an opportunity to appeal the censorship decision. Moreover, PLN challenged the jail's postcard-only policy, which restricted correspondence to prisoners via postcards. PLN argued that these actions and policies violated their right to freedom of speech, press, and association protected by the First Amendment and that denying inmates notice of this censorship and an opportunity to appeal the decision to censor mail violated their right to due process protected by the Fourteenth Amendment.

On October 7, 2011, defendants filed a motion for judgment on the pleadings. On January 12, 2012, PLN filed a motion for preliminary injunction. On October 12, 2012, the ACLU Fund of Michigan filed an amicus curiae brief in support of the plaintiff.

On March 29, 2013, after a number of discovery disputes, District Court Judge Denise Page Hood denied PLN's motion and granted in part and denied in part defendant's motion. The court denied the motion for a preliminary injunction because it found that plaintiff had failed to demonstrate the requisite likelihood of success on the merits, and because the issuance of injunctive relief could have a significant effect on the safety of both inmates and jail personnel alike. Prison Legal News v. Bezotte, No. 11-CV-13460, 2013 WL 1316714, at *1 (E.D. Mich. Mar. 29, 2013). As for the motion for judgment on the pleadings, the court found that plaintiff's First Amendment claims survived except to the extend that the plaintiff had failed to state a constitutional claim for failure to allow visitation of inmates or delivery of "legal mail" that is not personally marked to an individual inmate. The court also found that the plaintiff's Fourteenth Amendment Due Process claim remained. Prison Legal News v. Bezotte, No. 11-CV-13460, 2013 WL 1316732 (E.D. Mich. Mar. 29, 2013).

Over the course of the next year, both PLN and defendants moved for reconsideration of these motions. These motions were denied by District Court Judge Denise Page Hood, though the court did issue an amended order granting in part and denying in part defendant's motion for partial judgment on the pleadings. Prison Legal News v. Bezotte, No. 11-CV-13460, 2014 WL 1405214, at *1 (E.D. Mich. Apr. 11, 2014). This amended order was largely identical to the order issued on March 29, 2013.

The parties continued litigation various discovery disputes. Also during this time, on April 16, 2015, the plaintiff filed an amended complaint to reflect the fact that Human Rights Defense Center was actually the entity that had the capacity to sue, rather than Prison Legal News.

On March 31, 2016, in an order regarding various motions, the court granted the plaintiff's motion for reconsideration of the earlier (March 29, 2013) order denying the plaintiffs preliminary injunctive relief. The court did so because it recognized that the prior order had failed to address Plaintiff's Fourteenth Amendment due process claim. The court went on to address that claim here.

To start, the court found that the plaintiff did have constitutionally protected interests in: (a) receiving notification from defendants when defendants reject (i.e., do not deliver) mail Plaintiff sends to designated inmates at the Livingston County Jail, and (b) being able to appeal any such rejection to an impartial third party (at least with respect to the initial copies of any publication). Because of this, the court went on to analyze the motion for a preliminary injunction based on this Fourteenth Amendment procedural due process claim.

In looking at the likelihood of success on the merits of this claim, the court applied the four factor test from Turner v. Safley, 482 U.S. 78 (1987), that the Supreme Court had identified to determine whether a prison regulation impinges on inmates' constitutional rights. The court found that the defendant had failed to satisfy the first factor because it had not provided a legitimate penological interest to justify the defendant's practice of not notifying the sender or the designated inmate recipient of the fact that the sender's mail to such intended inmate recipient was rejected (information which necessarily precluded the ability to appeal any such rejection to a third party). Based on this, the court found that the plaintiff's 14th Amendment procedural due process claim was likely to be successful on the merits.

The court also found that the other three factors in the preliminary injunction analysis weighed in plaintiff's favor on this particular claim. The court concluded that plaintiff was entitled to a preliminary injunction as to defendants' failure to provide notice to, and an opportunity to appeal by, plaintiff and designated inmate recipients when defendants reject publications sent by Plaintiffs to such designated inmates at Livingston County Jail. Effectively immediately, in every instance that defendants rejected mail sent by plaintiff to a designated inmate at the Livingston County Jail (at least with respect to the initial copy of any publication), the defendants must: (a) notify Plaintiff of such rejection; (b) notify the designated inmate recipient of such rejection; and (c) notify Plaintiff and the designated inmate recipient of the right to--and afford Plaintiff and the designated inmate recipient the opportunity to--appeal any such rejection to an impartial third party.

In that same March 31, 2016 order regarding various motions, the court also granted both parties’ motions for sanctions against each other regarding various earlier disputes. The court would later issue an order on April 29, 2016, that recognized the parties stipulation to withdraw their respective requests for monetary sanctions.

On another procedural note, on April 4, 2016, the plaintiff filed a second amended complaint, adding the Lieutenant with the office of the Sheriff of Livingston County and bringing claims against him in his individual and official capacity. This amended complaint also added a Fifth Amendment takings clause complaint based on allegations that the defendants improperly exercised control over and converted for their own use property that was entrusted to defendants for delivery to specific prisoners.

The parties filed cross-motions for summary judgment on July 29, 2016, and in the meantime continued litigating various procedural disputes, including a motion by plaintiff for civil contempt and for enforcement on the preliminary injunction on the Fourteenth Amendment due process claim. Plaintiff alleged that they had sent mail labeled "legal mail" but that it was returned to the sending address unopened.

The court held a hearing on the summary judgment motions on October 6, 2016 and on March 31, 2017, the court granted the defendants motion for summary judgment with regard to the new Fifth Amendment takings clause claim, but denied both parties motions for summary judgment on the remaining claims because the court found genuine disputes of material fact during its application of the four Turner v. Safley factors.

Shortly after this, on May 10, 2017, the court required a settlement conference to be conducted before Magistrate Judge Elizabeth A. Stafford. That conference was held the following week, and the parties informed the court that they had reached a settlement.

The settlement agreement was attached as an exhibit to the stipulated order of voluntary dismissal that ended the litigation on June 30, 2017. Under the agreement, Livingston County would accept up to 30 subscriptions per month of the Prison Legal News addressed to specific inmates, and the Livingston County Jail would deliver up to 30 books per month to specific inmates. In the event that Human Rights Defense Center sends more than 30 issues of Prison Legal News, and/or more than 30 books per month, Human Rights Defense Center would contact the Jail administrator, who agreed not to unreasonably withhold the delivery of these additional materials. The agreement also required the Jail to give notice of any censorship of these materials to both the HRDC and the inmate to whom it was addressed. Finally, Livingston County would pay plaintiff $295,000. The court retained jurisdiction to enforce the terms of the agreement.

As of April 18, 2019, there does not appear to have been further litigation regarding compliance with the settlement. That said, the docket does contain two pro se hand written document filings (dated in May and August of 2018) where it appears that an inmate is challenging censorship practices at an institution in Texas.

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Summary Authors

Richard Jolly (10/29/2014)

Chris Pollack (4/18/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5254685/parties/human-rights-defense-center-v-bezotte/

Judge(s)

Hood, Denise Page (Michigan)

Attorney for Plaintiff

Loeb, Thomas M. (Michigan)

Attorney for Defendant

Kaczmarek, Lindsey A (Michigan)

Lowry, Sara E. (Michigan)

Expert/Monitor/Master/Other

Korobkin, Daniel S. (Michigan)

Judge(s)

Hood, Denise Page (Michigan)

Randon, Mark (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorney for Plaintiff

Loeb, Thomas M. (Michigan)

Manville, Daniel E. (Michigan)

Neelakanta, Sabarish (Florida)

Prain, Brian J (Michigan)

Weber, Lance (Vermont)

Attorney for Defendant

Kaczmarek, Lindsey A (Michigan)

Lowry, Sara E. (Michigan)

Peck, Lindsey A (Michigan)

Seward, T. Joseph (Michigan)

Expert/Monitor/Master/Other

Korobkin, Daniel S. (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:11-cv-13460	Docket [PACER] Human Rights Defense Center v. Bezotte	Aug. 13, 2018	Aug. 13, 2018 Docket
1 2:11-cv-13460	Complaint Prison Legal News v. Sheriff of Livingston County Bob Bezotte	Aug. 9, 2011	Aug. 9, 2011 Complaint
63 2:11-cv-13460	Order Denying Plaintiff's Motion for Preliminary Injunction Prison Legal News v. Livingston County	March 29, 2013	March 29, 2013 Order/Opinion
64 2:11-cv-13460	Order Granting in Part and Denying in Part Defendants' Motion for Partial Judgment on the Pleadings Prison Legal News v. Livingston County	March 29, 2013	March 29, 2013 Order/Opinion 2013 WL 1316732
192 2:11-cv-13460	Order Denying Plaintiff's Amended Motion for Reconsideration of this Court's March 29, 2013, Regarding Defendant's Motion for Partial Judgment Prison Legal News v. Bezotte	April 11, 2014	April 11, 2014 Order/Opinion 2014 WL 1405409
239 2:11-cv-13460	Order Regarding Various Motions Prison Legal News v. Livingston County Sheriff Bob Bezotte [Human Rights Defense Center v. Bezotte]	March 31, 2016	March 31, 2016 Order/Opinion 2016 WL 1258992
241 2:11-cv-13460	Second Amended Complaint for Damages, Declaratory Relief, Injunctive Relief, and Jury Demand Prison Legal News v. Livingston County Sheriff Bob Bezotte [Human Rights Defense Center v. Bezotte]	April 4, 2016	April 4, 2016 Complaint
298 2:11-cv-13460	Order Regarding Motions Filed as Docket Number 258, 261, and 274 Prison Legal News v. Livingston County Sheriff Bob Bezotte [Human Rights Defense Center v. Bezotte]	March 31, 2017	March 31, 2017 Order/Opinion 2017 WL 1250683
306 2:11-cv-13460	Stipulated Order of Voluntary Dismissal Prison Legal News v. Livingston County Sheriff Bob Bezotte [Human Rights Defense Center v. Bezotte]	June 30, 2017	June 30, 2017 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Prison Legal News Homepage	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…	May 1990	May 1, 1990 https://www.prisonlegalnews.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5254685/human-rights-defense-center-v-bezotte/

Last updated Jan. 8, 2026, 4:26 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Prison Legal News against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-3109066 - Fee: $ 350. County of 1st Plaintiff: Out of State - County Where Action Arose: Livingston - County of 1st Defendant: Livingston. [Previously dismissed case: No] [Possible companion case(s): None] (Loeb, Thomas) [ADDRESS FOR CO-COUNSEL BRIAN J. PRAIN IS INCORRECT] Modified on 8/10/2011 (LHac). (Entered: 08/09/2011)	Aug. 9, 2011	Aug. 9, 2011
2	SUMMONS Issued for Bob Bezotte (TMcg) (Entered: 08/09/2011)	Aug. 9, 2011	Aug. 9, 2011
3	SUMMONS Issued for Livingston, County of (TMcg) (Entered: 08/09/2011)	Aug. 9, 2011	Aug. 9, 2011
4	ATTORNEY APPEARANCE: Brian J. Prain appearing on behalf of All Plaintiffs (Prain, Brian) (Entered: 08/11/2011)	Aug. 11, 2011	Aug. 11, 2011
5	CERTIFICATE of Service/Summons Returned Executed. Livingston, County of served on 8/12/2011, answer due 9/2/2011. (Loeb, Thomas) (Entered: 08/15/2011)	Aug. 15, 2011	Aug. 15, 2011
6	NOTICE of Appearance by Lance T. Weber - NOT SWORN on behalf of Prison Legal News. (Weber - NOT SWORN, Lance) (Entered: 08/29/2011)	Aug. 29, 2011	Aug. 29, 2011
7	NOTICE of Appearance by T. Joseph Seward on behalf of All Defendants. (Seward, T.) (Entered: 09/02/2011)	Sept. 2, 2011	Sept. 2, 2011
8	ANSWER to Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Seward, T.) (Entered: 09/02/2011)	Sept. 2, 2011	Sept. 2, 2011
9	NOTICE TO APPEAR: Scheduling Conference set for 10/17/2011 02:45 PM before District Judge Denise Page Hood (LSau) (Entered: 09/07/2011)	Sept. 7, 2011	Sept. 7, 2011
10	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Prison Legal News identifying Corporate Parent Human Rights Defense Center, Corporate Parent Human Rights Defense Center for Prison Legal News. (Weber - NOT SWORN, Lance) (Entered: 09/13/2011)	Sept. 13, 2011	Sept. 13, 2011
11	MOTION for Judgment on Pleadings by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6) (Seward, T.) (Entered: 10/07/2011)	Oct. 7, 2011	Oct. 7, 2011
12	MOTION for Sanctions by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9) (Seward, T.) (Entered: 10/07/2011)	Oct. 7, 2011	Oct. 7, 2011
13	NOTICE of hearing on 11 MOTION for Judgment on Pleadings, 12 MOTION for Sanctions. Motion Hearing set for 12/7/2011 02:00 PM before District Judge Denise Page Hood (LSau) (Entered: 10/13/2011)	Oct. 13, 2011	Oct. 13, 2011
	Set Deadlines/Hearings: Scheduling Conference set for 12/7/2011 02:00 PM before District Judge Denise Page Hood (LSau)	Oct. 13, 2011	Oct. 13, 2011
14	STIPULATION by Prison Legal News (Loeb, Thomas) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011
15	ORDER granting enlargement of time for plaintiff to answer defendant' motion for sanctions 12 :( Responses due by 10/31/2011) Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/27/2011)	Oct. 27, 2011	Oct. 27, 2011
16	STIPULATION by Prison Legal News (Loeb, Thomas) (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011
17	RESPONSE to 12 MOTION for Sanctions filed by Prison Legal News. (Loeb, Thomas) Modified on 11/1/2011 (DTyl) [ANSWER OPPOSING DEFENDANTS' MOTION FOR SANCTIONS AND REQUEST FOR SANCTIONS AGAINST DEFENDANTS] (Entered: 10/31/2011)	Oct. 31, 2011	Oct. 31, 2011
18	ORDER Granting 16 Stipulation for Enlargement of Time for Plaintiff to Answer, 11 Defendants' MOTION for Judgment on Pleadings :( Responses due by 11/14/2011) Signed by District Judge Denise Page Hood. (JOwe) (Entered: 11/02/2011)	Nov. 2, 2011	Nov. 2, 2011
19	REPLY to Response re 12 MOTION for Sanctions filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exh 1-Statement of Robert J. McRoberts, # 3 Exhibit Exh 2- PLN's Postcard, # 4 Exhibit Exh 3- PLN's September 2011 Newsletter, # 5 Exhibit Exh 4- Marr v Jones, # 6 Exhibit Exh 5- Burns v Unum Group) (Seward, T.) (Entered: 11/11/2011)	Nov. 11, 2011	Nov. 11, 2011
20	RESPONSE to 11 MOTION for Judgment on Pleadings filed by Prison Legal News. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Protecting Your Health & Safety, # 3 Exhibit 2 - Prison Legal News Vol. 22, # 4 Exhibit 3 - PLN's Informational Brochures, # 5 Exhibit 4 - PLN v Werholtz, # 6 Exhibit 5 - Leachman v Thomas) (Loeb, Thomas) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
21	STIPULATION AND ORDER Granting Extension of Time to File Reply to Response to Motion for Sanctions Signed by District Judge Denise Page Hood. (SJa) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
22	REPLY to Response re 11 MOTION for Judgment on Pleadings filed by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011
	Minute Entry - Motion Hearing held on 12/7/2011 re 11 MOTION for Judgment on Pleadings, 12 MOTION for Sanctions before District Judge Denise Page Hood. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Cheryl Warren Daniel) (LSau)	Dec. 7, 2011	Dec. 7, 2011
23	SUPPLEMENTAL BRIEF re 12 MOTION for Sanctions filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exh 1- Vaughn Court Records, # 3 Exhibit Exh 2- Correspondence, dated December 7, 2011, # 4 Exhibit Exh 3-Tweedy Court Records) (Seward, T.) (Entered: 12/20/2011)	Dec. 20, 2011	Dec. 20, 2011
24	SUPPLEMENTAL BRIEF re 23 Supplemental Brief, filed by Prison Legal News. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex 1 - Declaration of Brian J. Prain, # 3 Exhibit Ex 2 - Order of Appointment of Mr. Prain and Notice of Hearing) (Loeb, Thomas) (Entered: 12/21/2011)	Dec. 21, 2011	Dec. 21, 2011
25	MOTION Enter Order Granting a Preliminary Injunction by Prison Legal News. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Paul Wright, # 3 Exhibit 2 - Livingston County Michigan Sheriff's Dept. Inmate Rules, # 4 Exhibit 3 - Roose-Church, Lisa - Journal Suing Sheriff Over Mail, # 5 Exhibit 4 -Declaration of Brian Prain, # 6 Exhibit 5 - Declaration of Paul Shaposka, # 7 Exhibit 6 - Declaration of Christopher Atkins, # 8 Exhibit 7 - Declaration of Lance Weber, # 9 Exhibit 8 - Postcard from PLN to 1 of 37 Detainees at the Jail, # 10 Exhibit 9 - Quick Facts about the Bureau of Prisons, # 11 Exhibit 10 - MDOC 2010 Statistical Report, # 12 Exhibit 11 - Federal Bureau of Prisons Program Statement 5265.14, # 13 Exhibit 12 - MDOC Policy Directive 05.03.118, # 14 Exhibit 13 - Unpublished Decisions) (Loeb, Thomas) (Entered: 01/12/2012)	Jan. 12, 2012	Jan. 12, 2012
26	NOTICE of hearing on 25 MOTION Enter Order Granting a Preliminary Injunction. Motion Hearing set for 2/24/2012 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 01/25/2012)	Jan. 25, 2012	Jan. 25, 2012
27	STIPULATED ORDER granting extension of time to file response to plaintiff's motion for preliminary injunction 25 :( Responses due by 2/9/2012) Signed by District Judge Denise Page Hood. (LSau) (Entered: 01/27/2012)	Jan. 27, 2012	Jan. 27, 2012
28	MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4, # 6 Exhibit Ex. 5, # 7 Exhibit Ex. 6, # 8 Exhibit Ex. 7, # 9 Exhibit Ex. 8, # 10 Exhibit Ex. 9) (Korobkin, Daniel) (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012
29	CERTIFICATE OF SERVICE re 28 MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union Fund of Michigan (Korobkin, Daniel) (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012
30	Ex Parte MOTION for Leave to File Excess Pages for Brief in Opposition to Prison Legal News' Motion for Preliminary Injunction by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012
31	RESPONSE to 25 MOTION Enter Order Granting a Preliminary Injunction filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exh 1- Complaint, # 3 Exhibit Exh 2- Motion for Preliminary Injunction, # 4 Exhibit Exh 3- Prison Legal News v Livingston, # 5 Exhibit Exh 4- Thompson v Campbell, # 6 Exhibit Exh 5- Prison Legal News v Cheshire, # 7 Exhibit Exh 6- Declaration of Lance Weber, # 8 Exhibit Exh 7- Marr v Jones, # 9 Exhibit Exh 8- New Phoenix Sunrise Corp. v Comm'r, # 10 Exhibit Exh 9- Statement of Robert J. McRoberts, # 11 Exhibit Exh 10- Declaration of Brain Prain, # 12 Exhibit Exh 11- Mitchell v Mich. Dep't of Corr., # 13 Exhibit Exh 12- Anderson v Prisoner Health Servs, # 14 Exhibit Exh 13- Declaration of Paul Shaposka, Jr., # 15 Exhibit Exh 14- Declaration of Paul Wright, # 16 Exhibit Exh 15- Policy 5(d)1, # 17 Exhibit Exh 16- Policy 5(e)1, # 18 Exhibit Exh 17- Gambuzza v Parmenter, # 19 Exhibit Exh 18- Affidavit of Lieutenant Cremonte, # 20 Exhibit Exh 19- Brown v Gerth, # 21 Exhibit Exh 20- Ligons v Perez, # 22 Exhibit Exh 21- Kaufman v Karlen, # 23 Exhibit Exh 22- Fisher v Caruso) (Seward, T.)[FILING ERRROR: INCORRECT BRIEF ATTACHED; REFILED AS DOCUMENT 32 ] Modified on 2/10/2012 (DPer). (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012
32	RESPONSE to 25 MOTION Enter Order Granting a Preliminary Injunction filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exh 1- Complaint, # 3 Exhibit Exh 2-Motion for Preliminary Injunction, # 4 Exhibit Exh 3- Prison Legal News v Livingston, # 5 Exhibit Exh 4- Thompson v Campbell, # 6 Exhibit Exh 5- Prison Legal News v Cheshire, # 7 Exhibit Exh 6- Declaration of Lance Weber, # 8 Exhibit Exh 7- Marr v Jones, # 9 Exhibit Exh 8- New Phoenix Sunrise Corp. v Comm'r, # 10 Exhibit Exh 9- Statement Robert J. McRoberts, # 11 Exhibit Exh 10- Declaration of Brain Prain, # 12 Exhibit Exh 11- Mitchell v Mich. Dep't of Corr., # 13 Exhibit Exh 12- Anderson v Prisoner Health Servs, # 14 Exhibit Exh 13- Declaration of Paul Shaposka, Jr., # 15 Exhibit Exh 14- Declaration of Paul Wright, # 16 Exhibit Exh 15- Policy 5(d)1, # 17 Exhibit Exh 16- Policy 5(e)1, # 18 Exhibit Exh 17- Gambuzza v Parmenter, # 19 Exhibit Exh 18- Affidavit of Lieutenant Cremonte, # 20 Exhibit Exh 19- Brown v Gerth, # 21 Exhibit Exh 20- Ligons v Perez, # 22 Exhibit Exh 21- Kaufman v Karlen, # 23 Exhibit Exh 22- Fisher v Caruso) (Seward, T.) (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012
33	NOTICE of hearing on 28 MOTION for Leave to File Amicus Curiae Brief. Motion Hearing set for 2/24/2012 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 02/10/2012)	Feb. 10, 2012	Feb. 10, 2012
	TEXT-ONLY ORDER granting 30 Ex Parte MOTION for Leave to File Excess Pages for Brief in Opposition to Prison Legal News' Motion for Preliminary Injunction filed by Livingston, County of, Bob Bezotte. Signed by District Judge Denise Page Hood. (LSau)	Feb. 10, 2012	Feb. 10, 2012
34	REPLY to Response re 25 MOTION Enter Order Granting a Preliminary Injunction filed by Prison Legal News. (Loeb, Thomas) (Entered: 02/20/2012)	Feb. 20, 2012	Feb. 20, 2012
35	RESPONSE to 28 MOTION for Leave to File Amicus Curiae Brief filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exh 1- Dow Chem. Co. v United States, # 3 Exhibit Exh 2- Commodities Export v City of Detroit, # 4 Exhibit Exh 3- Canada v Ray, # 5 Exhibit Exh 4- PACER List of PLN Cases, # 6 Exhibit Exh 5- BancInsure, Inc v U.K. Bancorporation, # 7 Exhibit Exh 6- United States v Mich. Dep't of Cmty Health, # 8 Exhibit Exh 7- Williams v City of Lansing, # 9 Exhibit Exh 8- Georgacarakos v Wiley, # 10 Exhibit Exh 9- PLN v Cheshire) (Seward, T.) (Entered: 02/22/2012)	Feb. 22, 2012	Feb. 22, 2012
36	NOTICE by Prison Legal News of Supplemental Authority in Support of Plaintiff's Opposition to Defendant's Motion for Partial Judgment on the Pleadings (Loeb, Thomas) (Entered: 02/23/2012)	Feb. 23, 2012	Feb. 23, 2012
	Minute Entry - Motion Hearing held on 2/24/2012 re 25 MOTION Enter Order Granting a Preliminary Injunction filed by Prison Legal News, 28 MOTION for Leave to File Amicus Curiae Brief filed by American Civil Liberties Union Fund of Michigan before District Judge Denise Page Hood. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Cheryl Warren Daniel) (LSau)	Feb. 24, 2012	Feb. 24, 2012
37	REPLY to Response re 28 MOTION for Leave to File Amicus Curiae Brief filed by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Korobkin, Daniel) (Entered: 02/29/2012)	Feb. 29, 2012	Feb. 29, 2012
38	NOTICE of Appearance by Daniel E. Manville on behalf of Prison Legal News. (Manville, Daniel) (Entered: 04/06/2012)	April 6, 2012	April 6, 2012
39	MOTION Rule 16 Status Conference by Prison Legal News. (Manville, Daniel) (Entered: 04/10/2012)	April 10, 2012	April 10, 2012
40	RESPONSE to 39 MOTION Rule 16 Status Conference filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2) (Seward, T.) (Entered: 04/23/2012)	April 23, 2012	April 23, 2012
41	REPLY to Response re 39 MOTION Rule 16 Status Conference filed by Prison Legal News. (Attachments: # 1 Index of Exhibits Exhibit Listing, # 2 Exhibit 1, Rothstein v. Steinberg, unpublished) (Manville, Daniel) (Entered: 05/01/2012)	May 1, 2012	May 1, 2012
42	NOTICE TO APPEAR: Scheduling Conference set for 7/30/2012 02:15 PM before District Judge Denise Page Hood (LSau) (Entered: 05/16/2012)	May 16, 2012	May 16, 2012
43	NOTICE by Prison Legal News re 11 MOTION for Judgment on Pleadings, 25 MOTION Enter Order Granting a Preliminary Injunction (Attachments: # 1 Exhibit 1, PLN v Livingston, 5th CIrcuit, # 2 Exhibit 2, McGlone v. Bell, 6th Circuit, # 3 Exhibit 3, PLN v. Columbia County, Order) (Manville, Daniel) (Entered: 06/09/2012)	June 9, 2012	June 9, 2012
44	MOTION to Adjourn Scheduling Conference by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 07/02/2012)	July 2, 2012	July 2, 2012
45	RESPONSE to 44 MOTION to Adjourn Scheduling Conference filed by Prison Legal News. (Manville, Daniel) (Entered: 07/05/2012)	July 5, 2012	July 5, 2012
46	REPLY to Response re 44 MOTION to Adjourn Scheduling Conference filed by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 07/16/2012)	July 16, 2012	July 16, 2012
47	ORDER granting in part 44 Defendants' Motion to Adjourn Scheduling Conference and Notice of Hearing. Signed by District Judge Denise Page Hood. (LSau) (Entered: 07/30/2012)	July 30, 2012	July 30, 2012
	Set Deadlines/Hearings: Scheduling Conference RESET for 8/6/2012 03:30 PM before District Judge Denise Page Hood (LSau)	July 30, 2012	July 30, 2012
48	Notice of E-mail Delivery Failure as to attorney Daniel E. Manville. Bounced NEF for 47 Order on Motion to Adjourn, Set Deadlines/Hearings. (KCla) (Entered: 07/31/2012)	July 31, 2012	July 31, 2012
49	SCHEDULING ORDER: Discovery due by 1/31/2013 Dispositive Motion Cut-off set for 2/15/2013 Final Pretrial Conference set for 4/22/2013 02:00 PM before District Judge Denise Page Hood Jury Trial set for 5/21/2013 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (LSau) (Entered: 08/07/2012)	Aug. 6, 2012	Aug. 6, 2012
	Minute Entry - Scheduling Conference held on 8/6/2012 before District Judge Denise Page Hood. (LSau)	Aug. 6, 2012	Aug. 6, 2012
50	ATTORNEY APPEARANCE: Lindsey A. Kaczmarek appearing on behalf of Bob Bezotte, Livingston, County of (Kaczmarek, Lindsey) (Entered: 09/12/2012)	Sept. 12, 2012	Sept. 12, 2012
51	MOTION for Protective Order by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exh 1- PLN's Discovery Requests, # 3 Exhibit Exh 2- Williams v Scottrade, Inc) (Seward, T.) (Entered: 09/12/2012)	Sept. 12, 2012	Sept. 12, 2012
52	RESPONSE to 51 MOTION for Protective Order filed by Prison Legal News. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1, Discovery Responses) (Manville, Daniel) (Entered: 09/19/2012)	Sept. 19, 2012	Sept. 19, 2012
53	REPLY to Response re 51 MOTION for Protective Order filed by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 09/26/2012)	Sept. 26, 2012	Sept. 26, 2012
54	ORDER DENYING MOTION FOR SANCTIONS AND GRANTING THE ACLUS MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF.Signed by District Judge Denise Page Hood. (LSau)	Sept. 30, 2012	Sept. 30, 2012 RECAP
55	MOTION to Compel Discovery Responses by Prison Legal News. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, Interrogatory Requests, # 3 Exhibit 2, Document Requests, # 4 Exhibit 3, Proof of Service of Discovery, # 5 Exhibit 4, Objections to Interrogatories, # 6 Exhibit 5, Objections to Document Requests, # 7 Exhibit 6, Letter to Defendants' Counsel) (Manville, Daniel) (Entered: 10/10/2012)	Oct. 10, 2012	Oct. 10, 2012
56	Amicus Curiae BRIEF by American Civil Liberties Union Fund of Michigan (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit Certificate of Service) (Korobkin, Daniel) (Entered: 10/10/2012)	Oct. 10, 2012	Oct. 10, 2012
57	NOTICE of hearing on 51 MOTION for Protective Order, 55 MOTION to Compel Discovery Responses. Motion Hearing set for 11/7/2012 04:00 PM before District Judge Denise Page Hood (LSau) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012
58	RESPONSE to 55 MOTION to Compel Discovery Responses filed by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 10/22/2012)	Oct. 22, 2012	Oct. 22, 2012
59	REPLY to Response re 55 MOTION to Compel Discovery Responses filed by Prison Legal News. (Manville, Daniel) (Entered: 10/25/2012)	Oct. 25, 2012	Oct. 25, 2012
60	ORDER granting 51 Motion for Protective Order and denying 55 Motion to Compel Discovery Responses. Signed by District Judge Denise Page Hood. (LSau)	Nov. 6, 2012	Nov. 6, 2012 RECAP
61	WITNESS LIST by Bob Bezotte, Livingston, County of (Seward, T.) (Entered: 12/03/2012)	Dec. 3, 2012	Dec. 3, 2012
62	ORDER SUSPENDING 49 Scheduling Order,. Signed by District Judge Denise Page Hood. (MWil) (Entered: 12/05/2012)	Dec. 5, 2012	Dec. 5, 2012
63	ORDER denying Plaintiff's 25 Motion for Preliminary Injunction. Signed by District Judge Denise Page Hood. (JOwe)	March 29, 2013	March 29, 2013 RECAP
64	ORDER granting in part and denying in part 11 Defendant's Motion for Partial Judgment on the Pleadings. Signed by District Judge Denise Page Hood. (JOwe)	March 29, 2013	March 29, 2013 RECAP
65	SCHEDULING ORDER: Discovery due by 5/31/2013 Dispositive Motion Cut-off set for 6/21/2013 Final Pretrial Conference set for 9/23/2013 02:30 PM before District Judge Denise Page Hood Jury Trial set for 10/15/2013 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (LSau) (Entered: 04/05/2013)	April 5, 2013	April 5, 2013
66	MOTION for Reconsideration re 63 Order on Motion - Free by Prison Legal News. (Weber, Lance) (Entered: 04/12/2013)	April 12, 2013	April 12, 2013
67	MOTION for Reconsideration re 64 Order on Motion for Judgment by Prison Legal News. (Weber, Lance) (Entered: 04/12/2013)	April 12, 2013	April 12, 2013
68	Amended MOTION for Reconsideration re 64 Order on Motion for Judgment by Prison Legal News. (Weber, Lance) (Entered: 04/15/2013)	April 15, 2013	April 15, 2013
69	MOTION for Order Extending Discovery Deadlines and Trial Date by Prison Legal News. (Weber, Lance) (Entered: 04/24/2013)	April 24, 2013	April 24, 2013
70	Amended MOTION for Order Extending Discovery Deadlines and Trial Date by Prison Legal News. (Weber, Lance) (Entered: 04/24/2013)	April 24, 2013	April 24, 2013
71	Defendants' WITNESS LIST by All Defendants (Kaczmarek, Lindsey) (Entered: 04/26/2013)	April 26, 2013	April 26, 2013
72	Plaintiff's WITNESS LIST by Prison Legal News (Weber, Lance) (Entered: 04/26/2013)	April 26, 2013	April 26, 2013
73	NOTICE TO APPEAR : Status Conference Re: [Docket #69] & [Docket #70] set for 5/13/2013 04:00 PM before District Judge Denise Page Hood (LSau) (Entered: 05/01/2013)	May 1, 2013	May 1, 2013
	Minute Entry - Status Conference held on 5/13/2013 before District Judge Denise Page Hood. (LSau)	May 13, 2013	May 13, 2013
74	ORDER Deeming Moot Plaintiffs 67 Motion for Reconsideration, Deeming 69 Moot Plaintiffs Motion for Order Extending Discovery Deadlines, Granting Plaintiffs Amended 70 Motion for Order Extending Discovery Deadlines, and Amended Scheduling Order. Signed by District Judge Denise Page Hood. (Loury, R) (Entered: 06/04/2013)	June 4, 2013	June 4, 2013
	Set/Reset Scheduling Order Deadlines: Discovery due by 9/30/2013 Dispositive Motion Cut-off set for 10/30/2013 Final Pretrial Conference set for 1/21/2014 02:00 PM before District Judge Denise Page Hood Jury Trial set for 2/18/2014 09:00 AM before District Judge Denise Page Hood (Loury, R)	June 4, 2013	June 4, 2013
75	MOTION for Protective Order as to 2d Discovery Requests by Defendants by Prison Legal News. (Attachments: # 1 Exhibit 1, discovery Requests & Responses, # 2 Exhibit 2, Hours of Counsel for Sanctions) (Manville, Daniel) (Entered: 07/24/2013)	July 24, 2013	July 24, 2013
76	ORDER REFERRING MOTION to Magistrate Judge Mark A. Randon: 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants filed by Prison Legal News. Signed by District Judge Denise Page Hood. (JOwe) (Entered: 07/30/2013)	July 30, 2013	July 30, 2013
77	NOTICE OF HEARING on 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants. Motion Hearing set for 9/10/2013 10:00 AM before Magistrate Judge Mark A. Randon (EBut) (Entered: 07/30/2013)	July 30, 2013	July 30, 2013
78	Second MOTION to Compel discovery by Prison Legal News. (Attachments: # 1 Index of Exhibits 1, Exhibit List, # 2 Exhibit 2, Responses to Request to Admit, # 3 Exhibit 2, Responses Requests for Documents, # 4 Exhibit 3, Responses to Interrogatories, # 5 Exhibit 4, Letter to Seward, # 6 Exhibit 5, Affidavit of Cermonte, # 7 Exhibit 6, Hoxier v. Livingston County, unpublished, # 8 Exhibit 7, Van Leuen v. American, unbublished, # 9 Exhibit 8, Declaration of Manville, # 10 Exhibit 9, Declaration Weber, # 11 Exhibit 9-1, CV of Weber, # 12 Exhibit 9-2, CV of Hull, # 13 Exhibit 9-3, CV of Thornton, # 14 Exhibit 9-4, Time Sheet of Weber, # 15 Exhibit 9-5, Time Sheet of Hull, # 16 Exhibit 9-6, Time Sheet of Thornton) (Manville, Daniel) (Entered: 08/06/2013)	Aug. 6, 2013	Aug. 6, 2013
79	RESPONSE to 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit) (Kaczmarek, Lindsey) (Entered: 08/07/2013)	Aug. 7, 2013	Aug. 7, 2013
80	REPLY to Response re 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants filed by Prison Legal News. (Manville, Daniel) (Entered: 08/13/2013)	Aug. 13, 2013	Aug. 13, 2013
81	ORDER REFERRING MOTION to Magistrate Judge Mark A. Randon: 78 Second MOTION to Compel discovery filed by Prison Legal News. Signed by District Judge Denise Page Hood. (Ciesla, C) (Entered: 08/15/2013)	Aug. 15, 2013	Aug. 15, 2013
82	NOTICE OF HEARING on 78 Second MOTION to Compel discovery. Motion Hearing set for 9/10/2013 10:00 AM before Magistrate Judge Mark A. Randon (EBut) (Entered: 08/16/2013)	Aug. 16, 2013	Aug. 16, 2013
83	MOTION TO EXTEND re 74 Order on Motion for Reconsideration, Order on Motion for Order,,,, Set/Reset Scheduling Order Deadlines, by Prison Legal News. (Manville, Daniel) (Entered: 08/20/2013)	Aug. 20, 2013	Aug. 20, 2013
84	STIPULATION AND ORDER ENLARGING THE TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S 78 Second MOTION to Compel discovery :( Responses due by 8/30/2013) Signed by District Judge Denise Page Hood. (Ciesla, C) (Entered: 08/21/2013)	Aug. 21, 2013	Aug. 21, 2013
85	Plaintiff's Exhibit and WITNESS LIST by Prison Legal News (Manville, Daniel) (Entered: 08/23/2013)	Aug. 23, 2013	Aug. 23, 2013
86	Exhibit List by Prison Legal News. (Manville, Daniel) (Entered: 08/23/2013)	Aug. 23, 2013	Aug. 23, 2013
87	ReNOTICE OF HEARING on 78 Second MOTION to Compel discovery, 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants. Motion Hearing set for 9/10/2013 02:00 PM before Magistrate Judge Mark A. Randon (EBut) (Entered: 08/23/2013)	Aug. 23, 2013	Aug. 23, 2013
88	WITNESS LIST by All Defendants (Seward, T.) (Entered: 08/23/2013)	Aug. 23, 2013	Aug. 23, 2013
89	Exhibit List by All Defendants. (Seward, T.) (Entered: 08/23/2013)	Aug. 23, 2013	Aug. 23, 2013
90	NOTICE TO APPEAR: Status Conference set for 9/10/2013 04:30 PM before District Judge Denise Page Hood (Ciesla, C) (Entered: 08/27/2013)	Aug. 27, 2013	Aug. 27, 2013
91	RESPONSE to 78 Second MOTION to Compel discovery filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2) (Seward, T.) (Entered: 08/29/2013)	Aug. 29, 2013	Aug. 29, 2013
92	MOTION for Extension of Time to File Response/Reply to Plaintiff's Document Requests by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Seward, T.) (Entered: 09/03/2013)	Sept. 3, 2013	Sept. 3, 2013

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Case Details

State / Territory:

Michigan

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

Key Dates

Filing Date: Aug. 9, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Publisher of a monthly journal of corrections news and analysis about prisoner rights, court rulings, management of prison facilities and prison conditions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Livingston County (Livingston), County

Livingston County, County

Defendant Type(s):

Corrections

Facility Type(s):