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

Clearinghouse coding complete

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 in…

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.

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)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Blackman, Marc D. (Oregon)

Chamberlain, Katherine (Washington)

Hull, Alissa R (Texas)

Weber, Lance (Vermont)

Wing, Jesse (Washington)

Attorneys(s) for Defendant

Furnanz, Kari A. (Oregon)

Kraemer, Steven A. (Oregon)

Roberson, Gregory R (Oregon)

Schroer, Janet Marie (Oregon)

Judge(s)

Simon, Michael Howard (Oregon)

Attorneys(s) for Plaintiff

Blackman, Marc D. (Oregon)

Chamberlain, Katherine (Washington)

Hull, Alissa R (Texas)

Weber, Lance (Vermont)

Wing, Jesse (Washington)

Attorneys(s) for Defendant

Furnanz, Kari A. (Oregon)

Kraemer, Steven A. (Oregon)

Roberson, Gregory R (Oregon)

Schroer, Janet Marie (Oregon)

Other Attorney(s)

Walsh, Lynn S (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

July 1, 2014 Docket
1

Complaint [Demand for Jury Trial]

Jan. 13, 2012 Complaint
9

Declaration of Katherine Chamberlain [In Support Of Plaintiff's Motion For Preliminary Injunction]

Jan. 31, 2012 Declaration/Affidavit
8-1

Exhibits accompanying Declaration of Paul Wright (in support of Motion for Preliminary Injunction)

Jan. 31, 2012 Declaration/Affidavit
8

Declaration of Paul Wright In Support of Plaintiff's Motion for Preliminary Injunction [For Exhibits, see next document]

Jan. 31, 2012 Declaration/Affidavit
15

Memorandum In Support of Plaintiff's Motion For Preliminary Injunction

Portland Division Prison Legal News v. Columbia County

Jan. 31, 2012 Pleading / Motion / Brief
7

Plaintiff's Motion For Preliminary Injunction

Jan. 31, 2012 Pleading / Motion / Brief
14

Declaration of Ezra St. Helen [In Support of Plaintiff's for Preliminary Injunction]

Jan. 31, 2012 Declaration/Affidavit
11

Declaration of Troy McCarter

Jan. 31, 2012 Declaration/Affidavit
10

Declaration of Lucy Lennox [In Support of Plaintiff's Motion For Preliminary Injunction]

Jan. 31, 2012 Declaration/Affidavit

Resources

Title Description External URL

Prison Legal News Homepage

Prison Legal News

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

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5422086/prison-legal-news-v-columbia-county/

Last updated May 11, 2022, 8 p.m.

ECF Number Description 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

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Jan. 13, 2012 RECAP
2

Summons Issued as to All Defendants (tll) (Entered: 01/18/2012)

Jan. 13, 2012 PACER
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 PACER
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 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 PACER
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 PACER
7

Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Chamberlain, Katherine) (Entered: 01/31/2012)

Jan. 31, 2012 PACER
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

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2 Exhibit I-P

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3 Exhibit Q-X

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4 Exhibit Y-JJ

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5 Exhibit KK-YY

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6 Exhibit ZZ-HHH

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7 Exhibit III-KKK

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8 Exhibit LLL-Part 1

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9 Exhibit LLL-Part 2

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10 Exhibit MMM-RRR

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Jan. 31, 2012 PACER
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

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2 Exhibit 10-12

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3 Exhibit 13

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4 Exhibit 14-22

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Jan. 31, 2012 PACER
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

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2 Exhibit VI-X

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3 Exhibit XI-XV

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Jan. 31, 2012 PACER
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

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Jan. 31, 2012 PACER
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

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Jan. 31, 2012 PACER
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

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Jan. 31, 2012 PACER
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

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Jan. 31, 2012 PACER
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 PACER
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 PACER
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 PACER
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 PACER
19

Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/10/2012)

Feb. 10, 2012 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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

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2 Exhibit B

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Feb. 21, 2012 PACER
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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Feb. 21, 2012 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
41

Motion to Appear as Amicus Curiae . Filed by Partnership for Safety and Justice. (Walsh, Lynn) (Entered: 03/06/2012)

March 6, 2012 PACER
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 PACER
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 PACER
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

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March 6, 2012 PACER
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

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March 6, 2012 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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May 29, 2012 PACER
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 RECAP
65

Motion to Amend/Correct Answer. Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) (Entered: 06/08/2012)

June 8, 2012 PACER
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 PACER
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

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2 Exhibit B

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June 8, 2012 PACER
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 PACER
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 PACER
70

Motion to Amend/Correct Opinion,, 64 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 06/15/2012)

June 15, 2012 PACER
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 PACER
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 PACER
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 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 PACER
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

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2 Exhibit 2

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3 Exhibit 3

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June 22, 2012 PACER
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 PACER
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

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July 2, 2012 PACER
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 PACER
79

Trial Management Order. Signed on 7/6/12 by Judge Michael H. Simon. (mja) (Entered: 07/06/2012)

July 6, 2012 PACER
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 PACER
81

Joint Motion for Extension of Time to Complete Discovery. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 08/15/2012)

Aug. 15, 2012 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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Sept. 13, 2012 PACER
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

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2 Exhibit 13

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3 Exhibit 14

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4 Exhibit 15

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5 Exhibit 16

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6 Exhibit 17

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7 Exhibit 18

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8 Exhibit 19

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9 Exhibit 20

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Sept. 13, 2012 PACER
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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

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2 Exhibit 23

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3 Exhibit 24

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4 Exhibit 25

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5 Exhibit 26

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6 Exhibit 27

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7 Exhibit 28

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8 Exhibit 29

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9 Exhibit 30

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10 Exhibit 31

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11 Exhibit 32

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12 Exhibit 33

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13 Exhibit 34

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14 Exhibit 35

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Sept. 13, 2012 PACER
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

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2 Exhibit 38

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3 Exhibit 39

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4 Exhibit 40

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5 Exhibit 41

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6 Exhibit 42

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7 Exhibit 43

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8 Exhibit 44

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9 Exhibit 45

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10 Exhibit 46

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11 Exhibit 47

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12 Exhibit 48

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13 Exhibit 49

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14 Exhibit 50

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Sept. 13, 2012 PACER
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

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2 Exhibit 53

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3 Exhibit 54

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4 Exhibit 55

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5 Exhibit 56

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6 Exhibit 57

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7 Exhibit 58

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8 Exhibit 59

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9 Exhibit 60

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11 Exhibit 62

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Sept. 13, 2012 PACER
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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

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2 Exhibit 65

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3 Exhibit 66

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4 Exhibit 67

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5 Exhibit 68

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6 Exhibit 69

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Sept. 13, 2012 PACER
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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

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2 Exhibit 72

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3 Exhibit 73

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Sept. 13, 2012 PACER
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Exhibits 74 re Declaration, 87 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)

Sept. 13, 2012 PACER
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Exhibits 75 re Declaration, 87 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)

Sept. 13, 2012 PACER
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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)

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Sept. 13, 2012 PACER
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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

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2 Exhibit B

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3 Exhibit C

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Sept. 13, 2012 PACER
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 PACER
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Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85, Motion for Summary Judgment 86 .) (Attachments: # 1 Exhibit I, # 2 Exhibit II, # 3 Exhibit III, # 4 Exhibit IV, # 5 Exhibit V) (Chamberlain, Katherine) (Entered: 09/13/2012)

1 Exhibit I

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5 Exhibit V

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Sept. 13, 2012 PACER
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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

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2 Exhibit VIII

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3 Exhibit IX

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4 Exhibit X

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Sept. 13, 2012 PACER

State / Territory: Oregon

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: Jan. 13, 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

Columbia County, County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: 802,176.46

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Mail

Type of Facility:

Government-run