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

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On September 9, 2011, the Prison Legal News filed a class-action 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…

On September 9, 2011, the Prison Legal News filed a class-action 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


Judge(s)

Shushan, Sally A. (Louisiana)

Zainey, Jay C. (Louisiana)

Attorneys(s) for Plaintiff

Adcock, James (Louisiana)

Cumming, Elizabeth C. (Louisiana)

Howell, Mary E. (Louisiana)

Weber, Lance (Vermont)

Attorneys(s) for Defendant

Arcuri, Blake J (Louisiana)

Matthews, Freeman Rudolph (Louisiana)

Richardson, Timothy R (Louisiana)

Judge(s)

Shushan, Sally A. (Louisiana)

Zainey, Jay C. (Louisiana)

Attorneys(s) for Plaintiff

Adcock, James (Louisiana)

Cumming, Elizabeth C. (Louisiana)

Howell, Mary E. (Louisiana)

Weber, Lance (Vermont)

Attorneys(s) for Defendant

Arcuri, Blake J (Louisiana)

Matthews, Freeman Rudolph (Louisiana)

Richardson, Timothy R (Louisiana)

Documents in the Clearinghouse

Document

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

Not applicable

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

Last updated Aug. 6, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

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)

Sept. 9, 2011

Sept. 9, 2011

3

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)

Sept. 21, 2011

Sept. 21, 2011

4

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

Sept. 21, 2011

Sept. 21, 2011

5

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)

Oct. 4, 2011

Oct. 4, 2011

6

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)

Oct. 4, 2011

Oct. 4, 2011

7

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)

Oct. 5, 2011

Oct. 5, 2011

8

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)

Oct. 5, 2011

Oct. 5, 2011

9

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)

Oct. 11, 2011

Oct. 11, 2011

10

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)

Oct. 11, 2011

Oct. 11, 2011

11

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)

Oct. 11, 2011

Oct. 11, 2011

12

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)

Oct. 11, 2011

Oct. 11, 2011

13

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)

Oct. 11, 2011

Oct. 11, 2011

14

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)

Oct. 11, 2011

Oct. 11, 2011

15

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)

Oct. 11, 2011

Oct. 11, 2011

16

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

Oct. 11, 2011

Oct. 11, 2011

18

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)

Oct. 18, 2011

Oct. 18, 2011

19

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)

Oct. 18, 2011

Oct. 18, 2011

20

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)

Oct. 19, 2011

Oct. 19, 2011

21

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)

Oct. 19, 2011

Oct. 19, 2011

23

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)

Oct. 20, 2011

Oct. 20, 2011

22

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)

Oct. 21, 2011

Oct. 21, 2011

24

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)

Oct. 26, 2011

Oct. 26, 2011

25

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)

Oct. 27, 2011

Oct. 27, 2011

26

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)

Nov. 9, 2011

Nov. 9, 2011

27

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

Nov. 14, 2011

Nov. 14, 2011

28

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)

Nov. 17, 2011

Nov. 17, 2011

29

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)

Dec. 1, 2011

Dec. 1, 2011

30

**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)

Dec. 2, 2011

Dec. 2, 2011

31

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

Dec. 2, 2011

Dec. 2, 2011

33

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

Dec. 13, 2011

Dec. 13, 2011

34

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)

Dec. 23, 2011

Dec. 23, 2011

35

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)

Jan. 19, 2012

Jan. 19, 2012

36

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)

Feb. 1, 2012

Feb. 1, 2012

37

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)

March 5, 2012

March 5, 2012

38

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)

March 6, 2012

March 6, 2012

39

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)

March 6, 2012

March 6, 2012

40

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

March 13, 2012

March 13, 2012

41

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

March 13, 2012

March 13, 2012

42

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)

March 14, 2012

March 14, 2012

43

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)

March 20, 2012

March 20, 2012

44

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)

April 2, 2012

April 2, 2012

45

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

July 16, 2012

July 16, 2012

46

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

July 17, 2012

July 17, 2012

47

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)

July 18, 2012

July 18, 2012

48

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

July 23, 2012

July 23, 2012

49

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)

July 24, 2012

July 24, 2012

51

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)

July 26, 2012

July 26, 2012

52

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)

Sept. 18, 2012

Sept. 18, 2012

53

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)

Oct. 19, 2012

Oct. 19, 2012

54

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)

Oct. 23, 2012

Oct. 23, 2012

55

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)

Nov. 14, 2012

Nov. 14, 2012

56

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)

Nov. 15, 2012

Nov. 15, 2012

57

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)

Nov. 20, 2012

Nov. 20, 2012

58

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)

Nov. 29, 2012

Nov. 29, 2012

59

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)

Dec. 4, 2012

Dec. 4, 2012

60

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)

Jan. 11, 2013

Jan. 11, 2013

61

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)

Jan. 11, 2013

Jan. 11, 2013

62

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)

Jan. 15, 2013

Jan. 15, 2013

Case Details

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 9, 2011

Closing Date: 2012

Case Ongoing: No

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

Sheriff of Orleans Parish (Orleans), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

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: 87,754.61

Issues

General:

Mail

Type of Facility:

Government-run