Case: Prison Legal News v. Columbia County

3:12-cv-00071 | U.S. District Court for the District of Oregon

Filed Date: Jan. 13, 2012

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Case Summary

On January 13, 2012, the Prison Legal News (PLN) filed a civil rights lawsuit in the U.S. District Court for Oregon under 42 U.S.C. § 1983 against Columbia County. The plaintiff, represented by Human Rights Defense Center and private counsel, asked the court for declaratory and injunctive relief, as well as damages, claiming that the defendants' "postcard only" and "no magazine" policies for inmate mail violated the plaintiff's First Amendment rights, as well as the First Amendment rights of inmates at the Jail and their correspondents. Specifically, the plaintiff claimed that the policy resulted in the unlawful censorship of PLN's books and magazines, which are sent to individual subscribers in custody at the Columbia County Jail. The plaintiff claimed that these mailings were protected by the First and Fourteenth Amendments. The plaintiff also alleged the defendants' "notice and appeal" policy for rejected inmate mail violated the plaintiff's Fourteenth Amendment procedural due process rights and the procedural due process rights of inmates and their correspondents.

On May 29, 2012, Judge Michael H. Simon granted the plaintiff's motion for preliminary injunction in part, holding that the jail's policy likely violated the First Amendment. Judge Simon ordered the defendants to stop restricting all incoming and outgoing inmate personal mail to postcards only and to stop refusing to deliver or process inmate mail solely on the grounds that it is not on a postcard. Prison Legal News v. Columbia Cnty., 2012 WL 1936108 (D. Or. May 29, 2012). Judge Simon rejected the jail's arguments that the policy was rationally related to both safety and the efficient use of the jail's limited resources.

On September 13, 2012, PLN moved for partial summary judgment on the claims for declaratory and injunctive relief and on the defendants' affirmative defense of failure to mitigate damages. These issues went to two separate trials in 2013: a bench trial and a jury trial.

From February 5 to February 8 the parties argued before Judge Simon in the bench trial. The defendants argued that the rationale behind the policy was preventing the introduction of contraband and saving time during mail inspection. Following the trial, Judge Simon found that this rationale was not supported by the evidence. This was the first time a postcard-only policy went to trial, so it is the first available legal precedent that can be used in future litigation against postcard-only policies.

On February 8, after the bench trial, Judge Simon asked the parties to submit post-trial briefing on several issues relating to the plaintiff's request for injunctive relief, including: the legal criteria for a permanent injunction; the application of the trial evidence to the legal standard; whether the Sheriff's credibility and limited political term impact the Court's analysis; and whether the injunction should be permanent or a limited term.

On April 24, 2013, Judge Simon held that the jail's policy was unconstitutional. Judge Simon issued a Findings of Fact and Conclusions of Law and entered the Final Judgment in favor of the plaintiff and against all defendants on May 28, 2013. Judge Simon permanently enjoined the defendants from restricting incoming and outgoing inmate personal mail to postcards only. Judge Simon also declared that inmates have a First Amendment right to receive magazines, and publishers have a First Amendment right to send magazines to inmates and have their magazines delivered. As such, the defendants' policy and custom of prohibiting magazines violated the First Amendment. Judge Simon also declared that that inmates and their unincarcerated correspondents have a Fourteenth Amendment right to procedural due process when the defendants reject their mail and that the defendants must notify an inmate and the unincarcerated correspondent when the defendants reject correspondence written by or addressed to the inmate, including a description of the rejected mail and the basis for the rejection. Prison Legal News v. Columbia Cnty., 942 F. Supp. 2d 1068 (D. Or. 2013). Subsequently, the plaintiffs moved to recover attorney fees and costs.

On June 25, 2013, the defendants moved for the court to amend its Findings of Fact and Conclusions of Law, as well as for relief from the judgment. They claimed that the plaintiffs lacked standing for the claims, that the claims were moot based off of corrective actions taken, and that the postcard policy is not a violation of the First Amendment. They sought to have the declaratory judgment removed and claimed that the preliminary injunction should be found an unnecessary remedy by the court. On July 31, 2013, the court denied the motions and the findings and conclusions were left in place. The defendants appealed this decision to the Ninth Circuit in August 2013. While the appeal was pending, the court sent the parties to mediation.

On March 24, 2014, Judge Simon in the district court granted the plaintiff's motion for attorney fees in part, awarding the plaintiff a total of $802,176.46 in attorney fees and expenses. 2014 WL 1225100 (D. Or. 2014). The appellate court then stayed its proceedings in order to give the defendants time to appeal the attorney fees decision.

The defendants filed the second appeal in April 2014 and in June 2014, the appeals were consolidated. However, the defendants subsequently moved, unopposed, to dismiss the appeal. The parties may have engaged in settlement talks, but it is unclear why the defendants sought voluntary dismissal. The Ninth Circuit dismissed the appeal with prejudice on July 1, 2014 and the case is now closed. Each party paid its own costs for the appeal.

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Summary Authors

Jessica Kincaid (8/4/2014)

Chelsea Rinnig (3/30/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5422086/parties/prison-legal-news-v-columbia-county/

Judge(s)

Attorney for Plaintiff

Blackman, Marc D. (Oregon)

Chamberlain, Katherine (Washington)

Hull, Alissa R (Texas)

Attorney for Defendant

Furnanz, Kari A. (Oregon)

Kraemer, Steven A. (Oregon)

Expert/Monitor/Master/Other

Judge(s)

Simon, Michael Howard (Oregon)

Attorney for Plaintiff

Blackman, Marc D. (Oregon)

Chamberlain, Katherine (Washington)

Hull, Alissa R (Texas)

Weber, Lance (Vermont)

Wing, Jesse (Washington)

Attorney for Defendant

Furnanz, Kari A. (Oregon)

Kraemer, Steven A. (Oregon)

Roberson, Gregory R (Oregon)

Schroer, Janet Marie (Oregon)

Expert/Monitor/Master/Other

Walsh, Lynn S (Oregon)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:12-cv-00071	Docket [PACER]	July 1, 2014	July 1, 2014 Docket
1 3:12-cv-00071	Complaint [Demand for Jury Trial]	Jan. 13, 2012	Jan. 13, 2012 Complaint
10 3:12-cv-00071	Declaration of Lucy Lennox [In Support of Plaintiff's Motion For Preliminary Injunction]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
15 3:12-cv-00071	Memorandum In Support of Plaintiff's Motion For Preliminary Injunction Portland Division Prison Legal News v. Columbia County	Jan. 31, 2012	Jan. 31, 2012 Pleading / Motion / Brief
8-1 3:12-cv-00071	Exhibits accompanying Declaration of Paul Wright (in support of Motion for Preliminary Injunction)	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
7 3:12-cv-00071	Plaintiff's Motion For Preliminary Injunction	Jan. 31, 2012	Jan. 31, 2012 Pleading / Motion / Brief
8 3:12-cv-00071	Declaration of Paul Wright In Support of Plaintiff's Motion for Preliminary Injunction [For Exhibits, see next document]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
9 3:12-cv-00071	Declaration of Katherine Chamberlain [In Support Of Plaintiff's Motion For Preliminary Injunction]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
13 3:12-cv-00071	Declaration of Martin Kay [In Support of Plaintiff's Motion for Preliminary Injunction]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
14 3:12-cv-00071	Declaration of Ezra St. Helen [In Support of Plaintiff's for Preliminary Injunction]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit

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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/5422086/prison-legal-news-v-columbia-county/

Last updated Oct. 14, 2025, 9:01 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint. Filing Fee in amount of $350 collected. Receipt No. 44935. Summons issued as to all defendants. Jury Trial Requested: yes.Filed by Prison Legal News against All Defendants. (Attachments: # 1 Civil Cover Sheet) (tll) (Entered: 01/18/2012) 1 Civil Cover Sheet View on PACER	Jan. 13, 2012	Jan. 13, 2012 RECAP
2	Summons Issued as to All Defendants (tll) (Entered: 01/18/2012)	Jan. 13, 2012	Jan. 13, 2012
3	Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Judge Michael H. Simon. Discovery is to be completed by 5/17/2012. Joint Alternate Dispute Resolution Report is due by 6/18/2012. Pretrial Order is due by 6/18/2012. Ordered by Judge Michael H. Simon. (tll) (Entered: 01/18/2012)	Jan. 18, 2012	Jan. 18, 2012
4	Order Granting Application for Special Admission Pro Hac Vice of Lance Weber for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 45117 issued. Signed on 1/27/2012 by Judge Michael H. Simon. (ecp) (Entered: 01/30/2012)	Jan. 27, 2012	Jan. 27, 2012 RECAP
5	Order Granting Application for Special Admission Pro Hac Vice of Jesse Wing for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 45118 issued. Signed on 1/27/2012 by Judge Michael H. Simon. (ecp) (Entered: 01/30/2012)	Jan. 27, 2012	Jan. 27, 2012
6	Notice of Appearance of Gregory R. Roberson appearing on behalf of All Defendants Filed by on behalf of All Defendants (Roberson, Gregory) (Entered: 01/30/2012)	Jan. 30, 2012	Jan. 30, 2012
10	Declaration of Lucy Lennox . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit I-V, # 2 Exhibit VI-X, # 3 Exhibit XI-XV) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit I-V View on PACER 2 Exhibit VI-X View on PACER 3 Exhibit XI-XV View on PACER	Jan. 31, 2012	Jan. 31, 2012
11	Declaration of Troy McCarter . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-D) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-D View on PACER	Jan. 31, 2012	Jan. 31, 2012
12	Declaration of Rusty D. Campo . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-C) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-C View on PACER	Jan. 31, 2012	Jan. 31, 2012
13	Declaration of Martin Kay . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-D) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-D View on PACER	Jan. 31, 2012	Jan. 31, 2012
14	Declaration of Ezra St. Helen . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-D) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-D View on PACER	Jan. 31, 2012	Jan. 31, 2012
15	Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 01/31/2012)	Jan. 31, 2012	Jan. 31, 2012
7	Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Chamberlain, Katherine) (Entered: 01/31/2012)	Jan. 31, 2012	Jan. 31, 2012
8	Declaration of Paul Wright . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-H, # 2 Exhibit I-P, # 3 Exhibit Q-X, # 4 Exhibit Y-JJ, # 5 Exhibit KK-YY, # 6 Exhibit ZZ-HHH, # 7 Exhibit III-KKK, # 8 Exhibit LLL-Part 1, # 9 Exhibit LLL-Part 2, # 10 Exhibit MMM-RRR) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-H View on PACER 2 Exhibit I-P View on PACER 3 Exhibit Q-X View on PACER 4 Exhibit Y-JJ View on PACER 5 Exhibit KK-YY View on PACER 6 Exhibit ZZ-HHH View on PACER 7 Exhibit III-KKK View on PACER 8 Exhibit LLL-Part 1 View on PACER 9 Exhibit LLL-Part 2 View on PACER 10 Exhibit MMM-RRR View on PACER	Jan. 31, 2012	Jan. 31, 2012
9	Declaration of Katherine Chamberlain . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit 1-9, # 2 Exhibit 10-12, # 3 Exhibit 13, # 4 Exhibit 14-22) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit 1-9 View on PACER 2 Exhibit 10-12 View on PACER 3 Exhibit 13 View on PACER 4 Exhibit 14-22 View on PACER	Jan. 31, 2012	Jan. 31, 2012
16	Affidavit of Service of Complaint 1 upon Columbia County served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 02/01/2012)	Feb. 1, 2012	Feb. 1, 2012
17	Affidavit of Service of Complaint 1 upon Jeff Dickerson served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 02/01/2012)	Feb. 1, 2012	Feb. 1, 2012
18	Affidavit of Service of Complaint 1 upon Columbia County Sheriff's Office served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 02/01/2012)	Feb. 1, 2012	Feb. 1, 2012
19	Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/10/2012)	Feb. 10, 2012	Feb. 10, 2012
20	Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 19 .) (Roberson, Gregory) (Entered: 02/10/2012)	Feb. 10, 2012	Feb. 10, 2012
21	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction 7 . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/10/2012)	Feb. 10, 2012	Feb. 10, 2012
22	Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 21 .) (Roberson, Gregory) (Entered: 02/10/2012)	Feb. 10, 2012	Feb. 10, 2012
23	ORDER - Granting Defendants' Motion for Extension of Time to File Response to Motion for Preliminary Injunction 21 Response is due by 2/17/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/13/2012)	Feb. 13, 2012	Feb. 13, 2012
24	ORDER - Granting Defendants' Motion for Extension of Time to Answer 19 . Answer is due by 2/17/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/14/2012)	Feb. 14, 2012	Feb. 14, 2012
25	Answer to 1 Complaint with Jury Demand . Filed by Columbia County, Columbia County Sheriff's Office, Jeff Dickerson. (Kraemer, Steven) (Entered: 02/16/2012)	Feb. 16, 2012	Feb. 16, 2012
26	Second Motion for Extension of Time to File a Response/Reply Unopposed to Motion for Preliminary Injunction 7 . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/16/2012)	Feb. 16, 2012	Feb. 16, 2012
27	Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 26 .) (Roberson, Gregory) (Entered: 02/16/2012)	Feb. 16, 2012	Feb. 16, 2012
28	ORDER - Granting Defendants' Motion for Extension of Time to File Response Motion for Preliminary Injunction 26 . Response is due by 2/21/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/16/2012)	Feb. 16, 2012	Feb. 16, 2012
29	Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Motion for Preliminary Injunction 7 .) (Kraemer, Steven) (Entered: 02/21/2012)	Feb. 21, 2012	Feb. 21, 2012
30	Declaration of Bryan Cutright In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response 29 .) (Kraemer, Steven) (Entered: 02/21/2012)	Feb. 21, 2012	Feb. 21, 2012
31	Declaration of Gregory R. Roberson In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response 29 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Kraemer, Steven) (Entered: 02/21/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Feb. 21, 2012	Feb. 21, 2012
32	Declaration of Jeffrey M. Dickerson In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response 29 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Kraemer, Steven) (Entered: 02/21/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER	Feb. 21, 2012	Feb. 21, 2012
33	Order - Setting a Telephone Rule 16 Conference to discuss the pending motion and a case schedule for 3/8/2012 at 09:30AM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/22/2012)	Feb. 22, 2012	Feb. 22, 2012
34	Declaration of Lucy Lennox. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
35	Declaration of Shaughnessy Williams. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
36	Declaration of Bradley Berg. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
37	Declaration of Sharon R. Berg. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
38	Declaration of Nataliya Mikhaylova. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
39	Declaration of John Weisenberger. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
40	Declaration of Oana Popa. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
41	Motion to Appear as Amicus Curiae . Filed by Partnership for Safety and Justice. (Walsh, Lynn) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
42	Memorandum in Support . Filed by Partnership for Safety and Justice. (Related document(s): Motion to appear as amicus curiae 41 .) (Walsh, Lynn) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
43	ORDER - Granting Partnership for Safety and Justice's Motion to Appear as Amicus Curiae 41 . The Court will discuss a case schedule at the Telephone Rule 16 Conference set for 3/8/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
44	Second Declaration of Paul Wright. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit 1-13) (Chamberlain, Katherine) (Entered: 03/06/2012) 1 Exhibit 1-13 View on PACER	March 6, 2012	March 6, 2012
45	Declaration of Jesse Wing. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit 1-9) (Wing, Jesse) (Entered: 03/06/2012) 1 Exhibit 1-9 View on PACER	March 6, 2012	March 6, 2012
46	Reply to Motion for Preliminary Injunction 7 Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012
47	Amicus Brief . Filed by Partnership for Safety and Justice. (Related document(s): Motion to appear as amicus curiae 41 .) (Walsh, Lynn) (Entered: 03/07/2012)	March 7, 2012	March 7, 2012
48	MINUTES of Telephone Conference: Order - Setting a case schedule as follows: Setting a further Status Conference for 3/15/2012 at 09:30AM. The Court will initiate the call to the parties. Defendants' response to Partnership for Safety and Justice's Amicus Brief 47 is due by 3/22/2012. Setting a Hearing on Plaintiff's Motion for Preliminary Injunction 7 for 4/4/2012 at 09:30AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chmaberlain and Jesse Wing present as counsel for plaintiff(s). Steven Kraemer and Gregory Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/08/2012)	March 8, 2012	March 8, 2012
49	MINUTES of Telephone Conference: Status of case discussed as stated on the record. Marc D. Blackman, Katherine Chamberlain, Jesse Wing present as counsel for plaintiff(s). Steven Kraemer and Gregory Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/15/2012)	March 15, 2012	March 15, 2012
50	Response to Amicus Curiae Brief of the Partnership for Safety and Justice . Filed by All Defendants. (Related document(s): Motion to appear as amicus curiae 41 .) (Kraemer, Steven) Modified text on 3/23/2012 (sss). (Entered: 03/22/2012)	March 22, 2012	March 22, 2012
51	Order - At the parties' request, the Court is setting a Telephone Conference for 3/29/2012 at 11:00AM. The Court will initiate the call. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/28/2012)	March 28, 2012	March 28, 2012
52	MINUTES of Telephone Conference: Discovery discussed as stated on the record. Marc D. Blackman, Katherine Chamberlain, Lance Weber and Jesse Wing present as counsel for plaintiff(s). Gergory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/29/2012)	March 29, 2012	March 29, 2012
53	Declaration of Patricia Mendoza . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/30/2012)	March 30, 2012	March 30, 2012
54	MINUTES of Oral Argument Hearing: Order - Plaintiff's Motion for Preliminary Injunction 7 is taken under advisement as of 4/4/2012. The deadline for the close of discovery is 8/16/2012. Dispositive Motions are due by 9/13/2012. Setting a Telephone Status Conference for 7/6/2012 at 9:30AM. The Court will initiate the call to the parties. MarC D. Blackman, Katherine C. Chamberlain, and Jesse Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/04/2012)	April 4, 2012	April 4, 2012
55	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on April 4, 2012 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/4/2012. Redaction Request due 5/18/2012. Redacted Transcript Deadline set for 5/29/2012. Release of Transcript Restriction set for 7/26/2012. (Apodaca, Dennis) (Entered: 04/24/2012)	April 24, 2012	April 24, 2012
56	Order - At the parties' request, the Court is setting a Telephone Conference to discuss a discovery matter for 4/26/2012 at 03:15PM. The Court will initiate the call. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/24/2012)	April 24, 2012	April 24, 2012
57	MINUTES of Telephone Conference: Status of case discussed as stated on the record. Order - Setting a further Telephone Status Conference for 4/27/2012 at 11:00AM. The Court will initiate the call to the parties. Marc Blackman and Jesse Wing present as counsel for plaintiff(s). Leslie Edenhofer present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/26/2012)	April 26, 2012	April 26, 2012
58	Order - At the parties' request, the Court is resetting the Telephone Conference from 4/27/2012 to 4/30/2012 at 11:00AM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/27/2012)	April 27, 2012	April 27, 2012
59	MINUTES of Telephone Conference: Order - Discovery matter discussed as stated on the record. Jesse Wing present as counsel for plaintiff(s). Leslie Edenhofer present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/30/2012)	April 30, 2012	April 30, 2012
60	Order Approving Parameters of Rule 30(b)(6) Depositions and Rule 34 Inspection of Mail Processing, Jail Premises and Documents. Signed on 4/30/12 by Judge Michael H. Simon. (mja) (Entered: 04/30/2012)	April 30, 2012	April 30, 2012
61	Motion to Compel Production of Documents. Oral Argument requested. Filed by Columbia County Sheriff's Office. (Roberson, Gregory) (Entered: 05/29/2012)	May 29, 2012	May 29, 2012
62	Memorandum in Support . Filed by Columbia County Sheriff's Office. (Related document(s): Motion to compel 61 .) (Roberson, Gregory) (Entered: 05/29/2012)	May 29, 2012	May 29, 2012
63	Declaration of Gregory R. Roberson In Support. Filed by Columbia County Sheriff's Office. (Related document(s): Motion to compel 61 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Roberson, Gregory) (Entered: 05/29/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	May 29, 2012	May 29, 2012
64	Opinion and Order - Plaintiff's motion for a preliminary injunction, Dkt. 7, is GRANTED IN PART AND DENIED IN PART. Pending final resolution of this litigation, the court ORDERS that not later than 30 days from the date of this Order, Defendants must refrain from restricting all incoming and outgoing inmate personal mail to postcards only and shall not refuse to deliver or process personal inmate mail solely on the grounds that it is not on a postcard. Signed on 5/29/12 by Judge Michael H. Simon. (mja) (Entered: 05/29/2012)	May 29, 2012	May 29, 2012 RECAP
65	Motion to Amend/Correct Answer. Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) (Entered: 06/08/2012)	June 8, 2012	June 8, 2012
66	Memorandum in Support . Filed by All Defendants. (Related document(s): Motion to Amend/Correct 65 .) (Roberson, Gregory) (Entered: 06/08/2012)	June 8, 2012	June 8, 2012
67	Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion to Amend/Correct 65 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Roberson, Gregory) (Entered: 06/08/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	June 8, 2012	June 8, 2012
68	Response of PLN to Motion to Compel Production of Documents 61 . Filed by Prison Legal News. (Wing, Jesse) (Entered: 06/12/2012)	June 12, 2012	June 12, 2012
69	Declaration of Jesse Wing In Support of PLN's Opposition. Filed by Prison Legal News. (Related document(s): Motion to compel 61 .) (Wing, Jesse) (Entered: 06/12/2012)	June 12, 2012	June 12, 2012
70	Motion to Amend/Correct Opinion,, 64 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 06/15/2012)	June 15, 2012	June 15, 2012
71	Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion to Amend/Correct 70 .) (Chamberlain, Katherine) (Entered: 06/15/2012)	June 15, 2012	June 15, 2012
72	Declaration of Katherine C. Chamberlain . Filed by Prison Legal News. (Related document(s): Motion to Amend/Correct 70 .) (Chamberlain, Katherine) (Entered: 06/15/2012)	June 15, 2012	June 15, 2012
73	OPINION and ORDER - Defendants' Motion to Compel 61 is DENIED. Signed on 6/19/12 by Judge Michael H. Simon. (mja) (Entered: 06/19/2012)	June 19, 2012	June 19, 2012 RECAP
74	Response in Opposition to Motion to Amend/Correct Answer 65 . Filed by Prison Legal News. (Wing, Jesse) (Entered: 06/22/2012)	June 22, 2012	June 22, 2012
75	Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Response in Opposition to Motion 74 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Wing, Jesse) (Entered: 06/22/2012) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER	June 22, 2012	June 22, 2012
76	Response in Opposition to Motion to Amend/Correct Opinion,, 64 70 . Filed by All Defendants. (Roberson, Gregory) (Entered: 07/02/2012)	July 2, 2012	July 2, 2012
77	Declaration of Gregory R. Roberson In Support of. Filed by All Defendants. (Related document(s): Response in Opposition to Motion 76 .) (Attachments: # 1 Exhibit A) (Roberson, Gregory) (Entered: 07/02/2012) 1 Exhibit A View on PACER	July 2, 2012	July 2, 2012
78	MINUTES of Telephone Conference: Order - Defendants' Motion to Amend Answer 65 is GRANTED. Plaintiff's Motion to Amend Opinion 70 is DENIED. Setting a Pretrial Conference for 1/28/2013 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Setting a 7-Day Jury Trial for 2/5/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chamberlain, Lance Weber and Jesse Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/06/2012)	July 6, 2012	July 6, 2012
79	Trial Management Order. Signed on 7/6/12 by Judge Michael H. Simon. (mja) (Entered: 07/06/2012)	July 6, 2012	July 6, 2012
80	Amended Answer to 1 Complaint with Jury Demand . Filed by Columbia County, Columbia County Sheriff's Office, Jeff Dickerson. (Roberson, Gregory) (Entered: 07/30/2012)	July 30, 2012	July 30, 2012
81	Joint Motion for Extension of Time to Complete Discovery. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 08/15/2012)	Aug. 15, 2012	Aug. 15, 2012
82	Joint Memorandum in Support of Motion to Extend Discovery Deadline. Filed by Prison Legal News. (Related document(s): Motion for Extension of Time 81 .) (Chamberlain, Katherine) (Entered: 08/15/2012)	Aug. 15, 2012	Aug. 15, 2012
83	Declaration of Katherine C. Chamberlain In Support of Joint Motion to Extend Discovery Deadline. Filed by Prison Legal News. (Related document(s): Motion for Extension of Time 81 .) (Chamberlain, Katherine) (Entered: 08/15/2012)	Aug. 15, 2012	Aug. 15, 2012
84	ORDER - Granting the parties' Joint Motion to Extend Discovery Deadline 81 . Discovery is to be completed by 8/31/2012. Plaintiff's Response to Defendants' Interrogatory No. 23 and Request for Production No. 28 are due by 8/31/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/16/2012)	Aug. 16, 2012	Aug. 16, 2012
100	Exhibits VI - X re Declaration, 99 . Filed by Prison Legal News. (Attachments: # 1 Exhibit VII, # 2 Exhibit VIII, # 3 Exhibit IX, # 4 Exhibit X) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit VII View on PACER 2 Exhibit VIII View on PACER 3 Exhibit IX View on PACER 4 Exhibit X View on PACER	Sept. 13, 2012	Sept. 13, 2012
101	Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 86 .) (Chamberlain, Katherine) (Entered: 09/13/2012)	Sept. 13, 2012	Sept. 13, 2012
85	Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief. Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)	Sept. 13, 2012	Sept. 13, 2012
86	Motion for Summary Judgment on Defendants' Failure to Mitigate Affirmative Defense. Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)	Sept. 13, 2012	Sept. 13, 2012
87	Declaration of Katherine C. Chamberlain in Support of Plaintiff's Motions for Summary Judgment. Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85, Motion for Summary Judgment 86 .) (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 10) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER	Sept. 13, 2012	Sept. 13, 2012
88	Exhibits 11 - 20 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17, # 7 Exhibit 18, # 8 Exhibit 19, # 9 Exhibit 20) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 12 View on PACER 2 Exhibit 13 View on PACER 3 Exhibit 14 View on PACER 4 Exhibit 15 View on PACER 5 Exhibit 16 View on PACER 6 Exhibit 17 View on PACER 7 Exhibit 18 View on PACER 8 Exhibit 19 View on PACER 9 Exhibit 20 View on PACER	Sept. 13, 2012	Sept. 13, 2012
89	Exhibits 21 - 35 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 22, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28, # 8 Exhibit 29, # 9 Exhibit 30, # 10 Exhibit 31, # 11 Exhibit 32, # 12 Exhibit 33, # 13 Exhibit 34, # 14 Exhibit 35) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 22 View on PACER 2 Exhibit 23 View on PACER 3 Exhibit 24 View on PACER 4 Exhibit 25 View on PACER 5 Exhibit 26 View on PACER 6 Exhibit 27 View on PACER 7 Exhibit 28 View on PACER 8 Exhibit 29 View on PACER 9 Exhibit 30 View on PACER 10 Exhibit 31 View on PACER 11 Exhibit 32 View on PACER 12 Exhibit 33 View on PACER 13 Exhibit 34 View on PACER 14 Exhibit 35 View on PACER	Sept. 13, 2012	Sept. 13, 2012
90	Exhibits 36-50 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 37, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit 40, # 5 Exhibit 41, # 6 Exhibit 42, # 7 Exhibit 43, # 8 Exhibit 44, # 9 Exhibit 45, # 10 Exhibit 46, # 11 Exhibit 47, # 12 Exhibit 48, # 13 Exhibit 49, # 14 Exhibit 50) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 37 View on PACER 2 Exhibit 38 View on PACER 3 Exhibit 39 View on PACER 4 Exhibit 40 View on PACER 5 Exhibit 41 View on PACER 6 Exhibit 42 View on PACER 7 Exhibit 43 View on PACER 8 Exhibit 44 View on PACER 9 Exhibit 45 View on PACER 10 Exhibit 46 View on PACER 11 Exhibit 47 View on PACER 12 Exhibit 48 View on PACER 13 Exhibit 49 View on PACER 14 Exhibit 50 View on PACER	Sept. 13, 2012	Sept. 13, 2012
91	Exhibits 51-62 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 52, # 2 Exhibit 53, # 3 Exhibit 54, # 4 Exhibit 55, # 5 Exhibit 56, # 6 Exhibit 57, # 7 Exhibit 58, # 8 Exhibit 59, # 9 Exhibit 60, # 10 Exhibit 61, # 11 Exhibit 62) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 52 View on PACER 2 Exhibit 53 View on PACER 3 Exhibit 54 View on PACER 4 Exhibit 55 View on PACER 5 Exhibit 56 View on PACER 6 Exhibit 57 View on PACER 7 Exhibit 58 View on PACER 8 Exhibit 59 View on PACER 9 Exhibit 60 View on PACER 10 Exhibit 61 View on PACER 11 Exhibit 62 View on PACER	Sept. 13, 2012	Sept. 13, 2012
92	Exhibits 63 - 69 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 64, # 2 Exhibit 65, # 3 Exhibit 66, # 4 Exhibit 67, # 5 Exhibit 68, # 6 Exhibit 69) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 64 View on PACER 2 Exhibit 65 View on PACER 3 Exhibit 66 View on PACER 4 Exhibit 67 View on PACER 5 Exhibit 68 View on PACER 6 Exhibit 69 View on PACER	Sept. 13, 2012	Sept. 13, 2012
93	Exhibits 70-73 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 71, # 2 Exhibit 72, # 3 Exhibit 73) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 71 View on PACER 2 Exhibit 72 View on PACER 3 Exhibit 73 View on PACER	Sept. 13, 2012	Sept. 13, 2012
94	Exhibits 74 re Declaration, 87 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)	Sept. 13, 2012	Sept. 13, 2012
95	Exhibits 75 re Declaration, 87 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)	Sept. 13, 2012	Sept. 13, 2012
96	Exhibits 76 (parts 1 and 2) re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 76 (part 2)) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 76 (part 2) View on PACER	Sept. 13, 2012	Sept. 13, 2012
97	Second Declaration of Bradley Berg . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	Sept. 13, 2012	Sept. 13, 2012
98	Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 .) (Chamberlain, Katherine) (Entered: 09/13/2012)	Sept. 13, 2012	Sept. 13, 2012