Case: Prison Legal News v. Gusman

2:11-cv-02277 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Sept. 9, 2011

Clearinghouse coding complete

Case Summary

On September 9, 2011, the Prison Legal News filed a lawsuit in the U.S. District Court for Kansas under 42 U.S.C. § 1983 against the sheriff of Orleans Parish. The plaintiffs, represented by public interest counsel, asked the court for declaratory and injunctive relief, as well as damages, claiming that the defendants' unlawfully censored and excluded the plaintiff's books and magazines protected by the 1st and 14th Amendments, which are sent to individual subscribers in custody at the Orleans …

On September 9, 2011, the Prison Legal News filed a lawsuit in the U.S. District Court for Kansas under 42 U.S.C. § 1983 against the sheriff of Orleans Parish. The plaintiffs, represented by public interest counsel, asked the court for declaratory and injunctive relief, as well as damages, claiming that the defendants' unlawfully censored and excluded the plaintiff's books and magazines protected by the 1st and 14th Amendments, which are sent to individual subscribers in custody at the Orleans Parish Prison (OPP).

The plaintiffs specifically alleged that the policy against the delivery of such publications also failed to provide adequate notice and an opportunity to be heard to review decisions censoring and excluding books and magazines distributed by the plaintiffs to OPP prisoners. In addition, the plaintiffs alleged that the defendants had acted in an arbitrary and unreasonable manner in contravention of over thirty years of well-settled case law.

On December 2, 2011, Judge Jay C. Zainey approved a consent judgment for injunctive relief only. The defendants agreed to the distribution of the plaintiffs' monthly publication and to adopt and implement a new written policy regarding "Incoming Publications" for prisoners at the jail.

On September 17, 2012, Judge Zainey ordered judgment in favor of the plaintiffs for a total of $15,000, not including attorney fees and costs. On March 11, 2014, Judge Zainey approved the Magistrate Judge's Report and Recommendation of attorney fees and costs of $72,754.61.

Summary Authors

Jessica Kincaid (4/12/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12893180/parties/prison-legal-news-v-gusman/


Judge(s)
Attorney for Plaintiff

Adcock, James (Louisiana)

Adcock, John N. (Louisiana)

Cumming, Elizabeth C. (Louisiana)

Howell, Mary E. (Louisiana)

Attorney for Defendant

Arcuri, Blake J (Louisiana)

Documents in the Clearinghouse

Documents in this case

2:11-cv-02277

Docket [PACER]

PLN v. Gusman

Jan. 15, 2013

Jan. 15, 2013

Docket
1

2:11-cv-02277

Complaint

PLN v. Gusman

Sept. 9, 2011

Sept. 9, 2011

Complaint
32

2:11-cv-02277

Consent Judgment for Injunctive Relief Only

PLN v. Gusman

Dec. 2, 2011

Dec. 2, 2011

Order/Opinion
48

2:11-cv-02277

Request for Entry of Judgment against Defendants

PLN v. Gusman

July 10, 2012

July 10, 2012

Pleading / Motion / Brief
50

2:11-cv-02277

Order of Dismissal

PLN v. Gusman

July 23, 2012

July 23, 2012

Order/Opinion
51

2:11-cv-02277

Order [Vacating Order of Dismissal]

PLN v. Gusman

July 25, 2012

July 25, 2012

Order/Opinion
52

2:11-cv-02277

Judgment

PLN v. Gusman

Sept. 17, 2012

Sept. 17, 2012

Order/Opinion

Inmate Mail Instructions

[None on document]

No Court

Sept. 21, 2012

Sept. 21, 2012

Press Release
82

2:11-cv-02277

Order

March 10, 2014

March 10, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12893180/prison-legal-news-v-gusman/

Last updated April 7, 2025, 12:10 p.m.

Docket for: Prison Legal News v. Gusman
ECF Number Date Description Link
1 Sept. 9, 2011

COMPLAINT against All Defendants (Filing fee $ 350) filed by Human Rights Defense Center, Prison Legal News. (Attachments: # 1 Civil Cover Sheet)(ecm, ) (Entered: 09/13/2011)

Clearinghouse
3 Sept. 21, 2011

Request of Summons Issued as to Marlin Gusman filed by Human Rights Defense Center, Prison Legal News re 1 Complaint. (gbw, ) (Entered: 09/21/2011)

PACER
4 Sept. 21, 2011

Summons Issued as to Marlin Gusman. (gbw, ) (Entered: 09/21/2011)

PACER
5 Oct. 4, 2011

EXPARTE/CONSENT MOTION for Extension of Time to Answer 1 Complaint by Charles Ezeb, Marlin N. Gusman, Carlos Louque, Bonita Pittman, Jerrod Spinney, Kevin Winfield. (Attachments: # 1 Proposed Order)(Matthews, Freeman) Modified to add linkage on 10/4/2011 (gbw, ). M (Entered: 10/04/2011)

PACER
6 Oct. 4, 2011

Correction of Docket Entry by Clerk re 5 MOTION for Extension of Time to Answer. Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document #1.' (gbw, ) (Entered: 10/04/2011)

PACER
7 Oct. 5, 2011

Correction of Docket Entry by Clerk re 5 MOTION for Extension of Time to Answer. Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section A and Magistrate Judge 1. (gbw, ) (Entered: 10/05/2011)

PACER
8 Oct. 5, 2011

ORDER granting 5 Motion for Extension of Time to Answer re 1 Complaint as to Charles Ezeb; Marlin N Gusman; Carlos Louque; Bonita Pittman; Jerrod Spinney; Kevin Winfield; Answer due 10/4/2011.. Signed by Judge Jay C. Zainey on 10/4/2011. (gbw, ) (Entered: 10/05/2011)

PACER
9 Oct. 11, 2011

DEFICIENT** MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Proposed Order)(Howell, Mary) Modified on 10/11/2011 (gbw, ). (Entered: 10/11/2011)

PACER
10 Oct. 11, 2011

ERROR: WRONG EVENT SELECTED** MOTION for Hearing re 9 MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Proposed Order)(Howell, Mary) Modified on 10/11/2011 (gbw, ). (Entered: 10/11/2011)

PACER
11 Oct. 11, 2011

ERROR: FILED AS A SEPARATE DOCUMENT* Memorandum by All Plaintiffs re 9 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Howell, Mary) Modified on 10/11/2011 (gbw, ). (Entered: 10/11/2011)

PACER
12 Oct. 11, 2011

Correction of Docket Entry by Clerk re 11 Memorandum. Document #11 was incorrectly filed as a separate document instead of an attachment to Deficient Doc. #9. Attorney to refile entire document. (gbw, ) (Entered: 10/11/2011)

PACER
13 Oct. 11, 2011

Correction of Docket Entry by Clerk re 10 MOTION for Hearing re 9 MOTION for Preliminary Injunction. Filing attorney selected incorrect event. Correct event is Request/Statement of Oral Argument. Clerk will take corrective action after attorney refiles their motion for preliminary injunction. (gbw, ) (Entered: 10/11/2011)

PACER
14 Oct. 11, 2011

MOTION for Preliminary Injunction by Prison Legal News, Human Rights Defense Center. Motion set for 10/26/2011 9:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Notice of Submission)(Howell, Mary) Modified hrg time on 10/11/2011 (gbw, ). (Entered: 10/11/2011)

PACER
15 Oct. 11, 2011

Correction of Docket Entry by Clerk re 14 MOTION for Preliminary Injunction. Filing attorney selected incorrect time. Correct time is 9:00 AM. Clerk took corrective action. (gbw, ) (Entered: 10/11/2011)

PACER
16 Oct. 11, 2011

Request/Statement of Oral Argument by All Plaintiffs regarding 14 MOTION for Preliminary Injunction. (Attachments: # 1 Proposed Order)(gbw, ) (Entered: 10/11/2011)

PACER
18 Oct. 18, 2011

ERROR: DUPLICATE OF DOC #19. EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L−3241049) by Prison Legal News. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Affidavit)(Howell, Mary) Modified on 10/19/2011 (rll, ). (Entered: 10/18/2011)

PACER
19 Oct. 18, 2011

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Lance Weber (Fee previously paid) by Prison Legal News. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Affidavit)(Howell, Mary) Modified on 10/19/2011 to edit text (rll, ). (Entered: 10/18/2011)

PACER
20 Oct. 19, 2011

Correction of Docket Entry by Clerk re 18 MOTION to Appear Pro Hac Vice. This is a duplicate filing of document #19 and will be noted as such. No further action is necessary. (rll, ) (Entered: 10/19/2011)

PACER
21 Oct. 19, 2011

Correction of Docket Entry by Clerk re 19 MOTION to Appear Pro Hac Vice as to Lance Weber . Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section "A" Judge Jay C. Zainey and Magistrate Judge Sally Shushan Division (1). No further action is necessary (rll, ) (Entered: 10/19/2011)

PACER
23 Oct. 20, 2011

ORDER granting 19 Motion to Appear Pro Hac Vice as to Lance Weber. Signed by Judge Jay C. Zainey on 10/19/11. (plh, ) (Entered: 10/21/2011)

PACER
22 Oct. 21, 2011

EXPARTE/CONSENT MOTION to Amend/Correct 14 MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit)(Howell, Mary) (Attachments 20 −24 replaced on 10/24/2011) (plh, ). Modified on 10/24/2011 (plh, ). (Entered: 10/21/2011)

PACER
24 Oct. 26, 2011

Minute Order. Proceedings held before Judge Jay C. Zainey: Status Conference held on 10/26/2011; ORDERED that a Status Conference is set for 11/17/2011 10:00 AM in chambers; The Court will defer ruling on the pending 14 Motion for Preliminary Injunction &22 Motion to Amend/Correct Motion for Preliminary Injunction based on the compromise between parties; (gbw, ) (Entered: 10/27/2011)

PACER
25 Oct. 27, 2011

ORDER Scheduling Settlement Conference for 11/14/2011 02:00 PM. Signed by Magistrate Judge Sally Shushan on 10/27/2011.(tsf, ) (Entered: 10/27/2011)

PACER
26 Nov. 9, 2011

ORDER that the Settlement Conference scheduled for for 11/14/2011 02:00 PM is CONVERTED to a TELEPHONE Settlement Conference before Magistrate Judge Sally Shushan. The Court will initiate the conference call. Signed by Magistrate Judge Sally Shushan on 11/9/2011.(gbw, ) (Entered: 11/09/2011)

PACER
27 Nov. 14, 2011

Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Settlement Conference held on 11/14/2011. (caa, ) (Entered: 11/15/2011)

PACER
28 Nov. 17, 2011

Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 11/17/2011. Status Conference is set for 12/1/2011 10:45 AM before Judge Jay C. Zainey. (gbw, ) (Entered: 11/18/2011)

PACER
29 Dec. 1, 2011

ORDER that the Status Conference set for 12/1/2011 at 10:45 AM in chambers is CANCELLED. Signed by Judge Jay C. Zainey on 11/30/2011.(gbw, ) (Entered: 12/01/2011)

PACER
30 Dec. 2, 2011

**VACATE** Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Settlement Conference held on 12/2/2011. (tsf, ) Modified on 12/2/2011 (tsf, ). (Entered: 12/02/2011)

PACER
31 Dec. 2, 2011

ORDER vacating Minute Entry dated 12/2/2011. Signed by Magistrate Judge Sally Shushan on 12/2/2011. (tsf, ) (Entered: 12/02/2011)

PACER
33 Dec. 13, 2011

NOTICE Scheduling Conference set for 1/19/2012 10:00 AM before courtroom deputy by telephone. By Clerk. (jrc, ) (Entered: 12/13/2011)

PACER
34 Dec. 23, 2011

ORDER − Settlement Conference set for 2/9/2012 02:00 PM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan.(car, ) (Entered: 12/27/2011)

PACER
35 Jan. 19, 2012

SCHEDULING ORDER: Final Pretrial Conference set for 9/13/2012 09:30 AM before Judge Jay C. Zainey. Bench Trial set for 10/1/2012 09:30 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey on 1/19/12. (Attachments: # 1 Pretrial Notice Form)(jrc, ) (Entered: 01/20/2012)

PACER
36 Feb. 1, 2012

ORDER Rescheduling Settlement Conference for 3/27/2012 02:00 PM. Signed by Magistrate Judge Sally Shushan on 2/1/2012. (tsf, ) (Entered: 02/01/2012)

PACER
37 March 5, 2012

MOTION for Jury Trial by Prison Legal News. Motion set for 3/28/2012 9:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Howell, Mary) Modified to remove referral to MJ &reset hrg date on 3/6/2012 (gbw, ). (Entered: 03/05/2012)

PACER
38 March 6, 2012

Correction of Docket Entry by Clerk re 37 MOTION for Jury Trial. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge Jay C. Zainey on 3/28/2012 11:00 AM. Clerk took corrective action. (gbw, ) (Entered: 03/06/2012)

PACER
39 March 6, 2012

Correction of Docket Entry by Clerk re 37 MOTION for Jury Trial. Correct hearing time is 9:00 AM instead of 11:00 AM. Clerk took corrective action. (gbw, ) (Entered: 03/06/2012)

PACER
40 March 13, 2012

ANSWER to 1 Complaint by Charles Ezeb, Marlin N Gusman, Carlos Louque, Bonita Pittman, Jerrod Spinney, Kevin Winfield.(Matthews, Freeman) (Entered: 03/13/2012)

PACER
41 March 13, 2012

DEMAND for Trial by Jury by All Plaintiffs (Howell, Mary) (Entered: 03/13/2012)

PACER
42 March 14, 2012

Correction of Docket Entry by Clerk re 40 Answer to Complaint. Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section A (Judge Jay C. Zainey) and Magistrate Judge 1 (Sally Shushan) (gbw, ) (Entered: 03/14/2012)

PACER
43 March 20, 2012

ORDER that the settlement conference scheduled in the case on 3/27/2012 is CANCELED. Signed by Magistrate Judge Sally Shushan on 3/20/2012.(caa, ) (Entered: 03/20/2012)

PACER
44 April 2, 2012

ORDER granting 37 MOTION for Jury Trial filed by Prison Legal News. Jury Trial set for 10/1/2012 09:30 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey. (tsf, ) (Entered: 04/02/2012)

PACER
45 July 16, 2012

First Witness and Exhibit List by All Plaintiffs. (Cumming, Elizabeth) (Entered: 07/16/2012)

PACER
46 July 17, 2012

Witness and Exhibit List by All Defendants. (Matthews, Freeman) (Entered: 07/17/2012)

PACER
47 July 18, 2012

Correction of Docket Entry by Clerk re 46 Witness and Exhibit List. Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section A and Magistrate Judge 1. (gbw, ) (Entered: 07/18/2012)

PACER
48 July 23, 2012

Acceptance of Judgment Offer by All Plaintiffs (Attachments: # 1 Exhibit Defendants Offer of Judgment)(Cumming, Elizabeth) (Entered: 07/23/2012)

Clearinghouse
49 July 24, 2012

EXPARTE/CONSENT First MOTION for Extension of Time to File Motion for Attorneys' Fees by Prison Legal News. (Attachments: # 1 Proposed Order)(Cumming, Elizabeth) (Entered: 07/24/2012)

PACER
51 July 26, 2012

ORDER that the Order of Dismissal (Rec. Doc. 50) entered on July 24, 2012 is hereby VACATED; IT IS FURTHER ORDERED that Plaintiffs unopposed request for an extension of time to complete their motion for attorneys fees is GRANTED. Plaintiffs must complete their motion within sixty (60) days of the entry of judgment; IT IS FURTHER ORDERED that the jury trial in this matter, which is currently set for Monday, October 1, 2012 at 8:30 a.m., is hereby CANCELLED.. Signed by Judge Jay C. Zainey on 7/25/12.(jrc, ) (Entered: 07/26/2012)

Clearinghouse
52 Sept. 18, 2012

JUDGMENT entered in favor of Human Rights Defense Center, Prison Legal News against Bonita Pittman, Carlos Louque, Charles Ezeb, Jerrod Spinney, Kevin Winfield, Marlin N Gusman. Signed by Judge Jay C. Zainey on 9/17/2012.(gbw, ) (Entered: 09/18/2012)

Clearinghouse
53 Oct. 19, 2012

EXPARTE/CONSENT First MOTION for Extension of Time to File Costs by Prison Legal News. (Attachments: # 1 Proposed Order)(Howell, Mary) (Entered: 10/19/2012)

PACER
54 Oct. 23, 2012

ORDER granting 53 Motion for Extension of Time to File for Costs. Signed by Judge Jay C. Zainey on 10/22/12. (jrc, ) (Entered: 10/23/2012)

PACER
55 Nov. 14, 2012

EXPARTE/CONSENT Second MOTION for Extension of Time to File Attorneys' Fees and Costs by Human Rights Defense Center, Prison Legal News. (Attachments: # 1 Proposed Order)(Cumming, Elizabeth) (Entered: 11/14/2012)

PACER
56 Nov. 15, 2012

ORDER granting 55 Motion for Extension of Time to File Motion for Attorneys' Fees and Costs. Signed by Judge Jay C. Zainey on 11/14/12. (jrc, ) (Entered: 11/15/2012)

PACER
57 Nov. 20, 2012

ORDER Settlement Conference set for 12/4/2012 02:00 PM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan.(gec, ) (Entered: 11/20/2012)

PACER
58 Nov. 29, 2012

ORDER the settlement conference scheduled on 12/4/2012 at 2:00 p.m. is CONVERTED to a TELEPHONE settlement conference. Signed by Magistrate Judge Sally Shushan.(gec, ) (Entered: 11/29/2012)

PACER
59 Dec. 4, 2012

Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Telephone Settlement Conference held on 12/4/2012. Settlement discussions are ongoing. (gec, ) (Entered: 12/04/2012)

PACER
60 Jan. 11, 2013

EXPARTE/CONSENT Third MOTION for Extension of Time to File Attorneys' Fees and Costs by Human Rights Defense Center, Prison Legal News. (Attachments: # 1 Proposed Order)(Howell, Mary) (Entered: 01/11/2013)

PACER
61 Jan. 11, 2013

Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Settlement Conference held on 1/11/2013. The parties are unable to negotiate a settlement at this time. (gec, ) (Entered: 01/11/2013)

PACER
62 Jan. 15, 2013

ORDER granting 60 Motion for Extension of Time to File Motion for Attorney's Fees and Costs. Signed by Judge Jay C. Zainey on 1/14/13. (jrc, ) (Entered: 01/15/2013)

PACER
63 Jan. 30, 2013

MOTION for Attorney Fees and Costs by Human Rights Defense Center, Prison Legal News. Motion set for 2/27/2013 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 request for oral arg, # 4 Proposed Order, # 5 Exhibit List, # 6 Exhibit A and A.1, # 7 Exhibit B and, # 8 Exhibit B.1, # 9 Exhibit B.2, # 10 Exhibit B.3, # 11 Exhibit B.4, # 12 Exhibit B.5, # 13 Exhibit B.6, # 14 Exhibit B.7, # 15 Exhibit B.8, # 16 Exhibit B.9, # 17 Exhibit B.10, # 18 Exhibit C, # 19 Exhibit C.1, # 20 Exhibit D, D.1, D.2, D,3, # 21 Exhibit E, # 22 Exhibit F, # 23 Exhibit G, # 24 Exhibit H, # 25 Exhibit I)(Cumming, Elizabeth) Modified on 1/31/2013 (gbw, ). Request for oral argument docketed separately by clerk. (Entered: 01/30/2013)

RECAP
65 Jan. 30, 2013

Request/Statement of Oral Argument by Human Rights Defense Center, Prison Legal News regarding 63 MOTION for Attorney Fees and Costs. (gbw, ) (Entered: 01/31/2013)

RECAP
64 Jan. 31, 2013

Correction of Docket Entry by Clerk re 63 MOTION for Attorney Fees and Costs. Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately. (gbw, ) (Entered: 01/31/2013)

RECAP
66 Feb. 1, 2013

NOTICE regarding oral argument on 63 MOTION for Attorney Fees and Costs. By Clerk.(jrc, ) (Entered: 02/01/2013)

RECAP
67 Feb. 8, 2013

EXPARTE/CONSENT MOTION to Continue Hearing and to refer to Magistrate for Settlement Conference by Charles Ezeb, Marlin N Gusman, Carlos Louque, Bonita Pittman, Jerrod Spinney, Kevin Winfield. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Matthews, Freeman) Modified on 2/8/2013 (gbw, ). (Entered: 02/08/2013)

RECAP
68 Feb. 14, 2013

ORDER CONTINUING and REFERRING 63 MOTION for Attorney Fees and Costs. Sole remaining issued referred to Magistrate Judge for a settlement conference. Motion(s) referred to Sally Shushan. Signed by Judge Jay C. Zainey.(jrc, ) (Entered: 02/14/2013)

RECAP
69 May 29, 2013

ORDERED that Prison Legal News, Human Rights Defense Center's 63 MOTION for Attorney Fees and Costs is set for submission on briefs and without oral argument on 7/10/2013 before Magistrate Judge Sally Shushan. The deadline for the opposition is 7/2/2013; the deadline for plaintiffs' reply is 7/9/2013. Signed by Magistrate Judge Sally Shushan.(gec, ) (Entered: 05/29/2013)

RECAP
70 July 2, 2013

EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply re 63 Motion for Attorney Fees by Charles Ezeb, Marlin N. Gusman, Carlos Louque, Bonita Pittman, Jerrod Spinney, Kevin Winfield. Motion referred to Magistrate Judge Sally Shushan. (Attachments: # 1 Proposed Order)(Matthews, Freeman) Modified on 7/2/2013 (gbw, ). (Entered: 07/02/2013)

RECAP
71 July 3, 2013

ORDER granting 70 Motion for Extension of Time until 7/18/2013 to File Response/Reply to Motion for Attorney Fees; any reply filed by Plaintiffs must be filed on or before 8/1/2013. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 07/03/2013)

RECAP
72 July 18, 2013

RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 63 MOTION for Attorney Fees and Costs . (Attachments: # 1 Exhibit Exhibit A)(Arcuri, Blake) (Entered: 07/18/2013)

RECAP
73 July 25, 2013

EXPARTE/CONSENT First MOTION for Extension of Time to File Response/Reply as to 72 Response/Memorandum in Opposition to Motion for Attorneys Fees and Costs by Human Rights Defense Center, Prison Legal News. Motion(s) referred to Sally Shushan. (Attachments: # 1 Proposed Order)(Cumming, Elizabeth) (Entered: 07/25/2013)

RECAP
74 July 29, 2013

ORDERED that Plaintiffs' 63 MOTION for Attorney Fees and Costs, is set for submission on briefs and without oral argument on 8/14/2013, and the deadline for plaintiffs' reply is 8/12/2013. Plaintiffs' 73 MOTION for Extension of Time to File Response/Reply is GRANTED. Signed by Magistrate Judge Sally Shushan.(gec, ) (Entered: 07/29/2013)

RECAP
75 Aug. 9, 2013

EXPARTE/CONSENT MOTION for Leave to File Amended Opposition to Plaintiffs' Motion for Attorney Fees by Marlin N. Gusman, Carlos Louque, Kevin Winfield, Charles Ezeb, Jerrod Spinney, Bonita Pittman Motion(s) referred to Sally Shushan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Arcuri, Blake) Modified on 8/12/2013 (gbw, ). (Entered: 08/09/2013)

RECAP
76 Aug. 9, 2013

REPLY to Response to Motion filed by All Plaintiffs re 63 MOTION for Attorney Fees and Costs . (Attachments: # 1 Exhibit, # 2 Exhibit)(Howell, Mary) Modified on 8/12/2013 (gbw, ). (Entered: 08/09/2013)

RECAP
77 Aug. 12, 2013

Correction of Docket Entry by Clerk re 75 MOTION for Leave to File Amended Opposition to Plaintiffs' Motion for Attorney Fees. Document contains incorrect Section letter. All future pleadings must reflect Section A and Magistrate Judge 1. (gbw, ) (Entered: 08/12/2013)

RECAP
78 Aug. 12, 2013

Correction of Docket Entry by Clerk re 76 Reply to Response to Motion. Document was previously marked deficient. Document is now acceptable as filed. (gbw, ) (Entered: 08/12/2013)

RECAP
79 Aug. 13, 2013

ORDER granting 75 Motion for Leave to File Amended Opposition. Signed by Magistrate Judge Sally Shushan. (gec, ) (Entered: 08/14/2013)

RECAP
80 Aug. 13, 2013

RESPONSE/MEMORANDUM in Opposition filed by Charles Ezeb, Marlin N. Gusman, Carlos Louque, Bonita Pittman, Jerrod Spinney, Kevin Winfield re 63 MOTION for Attorney Fees and Costs. (gec, ) (Entered: 08/14/2013)

RECAP
81 Feb. 18, 2014

REPORT AND RECOMMENDATIONS re 63 MOTION for Attorney Fees and Costs filed by Prison Legal News, Human Rights Defense Center. It is RECOMMENDED that plaintiffs' motion for attorneys' fees and costs be GRANTED in PART and DENIED in PART; and plaintiffs be awarded attorneys fees of $68,781.50 and costs of $3,973.11. Objections to R&R due by 3/5/2014. Signed by Magistrate Judge Sally Shushan.(gec, ) (Entered: 02/18/2014)

RECAP
82 March 11, 2014

JUDGMENT Plaintiff awarded Attorney Fees of $68,781.50 and Costs of $3,973.11. Signed by Judge Jay C. Zainey on 3/10/14.(jrc, ) (Entered: 03/11/2014)

Clearinghouse
84 Oct. 25, 2016

Letter to Judge dated 10/12/2016. (ajn) (Entered: 10/31/2016)

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

Key Dates

Filing Date: Sept. 9, 2011

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Prison Legal News, a monthly magazine that reports on court rulings and news related to prisoners’ rights and criminal justice issues.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Sheriff of Orleans Parish

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Eastern District of Louisiana 2:11-cv-02277

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $87,754.61

Issues

General/Misc.:

Mail

Recommended Citation