Case: Prison Legal News v. Livingston

2:09-cv-00296 | U.S. District Court for the Southern District of Texas

Filed Date: Nov. 4, 2009

Closed Date: 2012

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Case Summary

On November 4, 2009, Prison Legal News (PLN) filed a lawsuit in the United States District Court of the Southern District of Texas under 42 U.S.C. § 1983 and 1988 against the Texas Department of Criminal Justice. PLN, represented by private and public interest counsel, asked for punitive and compensatory damages and injunctive relief, claiming that PLN's right to free speech and due process had been violated.Specifically the plaintiff claimed that a prisoner at the Texas Department of Criminal …

Specifically the plaintiff claimed that a prisoner at the Texas Department of Criminal Justice (TDCJ) Hilltop Unit ordered a copy of Women Behind Bars from PLN and once it arrived to Hilltop, informed the prisoner she could not receive the book due to a content violation. PLN did not receive notification of this denial. PLN sent multiple copies of Women Behind Bars and other books critical of the prison system and the books were all denied entry. PLN claimed that their First Amendment rights to free speech and expression had been violated, their liberty interest in communicating with incarcerated individuals had been denied, and that there was no legitimate penological interest for doing so. Furthermore, PLN claimed that they had been denied due process of law because PLN had not been given notice when their publications were not allowed into the prison.

On January 4, 2011, the District Court (Judge Janis Graham Jack) granted defendants' motion for summary judgment. The court held that First Amendment rights do not apply to readers and publishers alone, but also to book distributors, as long as the recipient of the book is willing. However, the court found that stopping these books from coming into prisons was a legitimate government interest for the TDCJ. The court noted that since this was not a facial challenge of book banning practices in Texas prisons, but was an as applied challenge, it was much harder to rule in favor of the plaintiffs in this case as the judgment of prison officials is given broad deference.

The plaintiffs then appealed to the Court of Appeals for the Fifth Circuit and the summary judgment ruling was affirmed on June 1, 2012 after a de novo review.

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Summary Authors

Deeva Shah (10/1/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4397622/parties/prison-legal-news-v-livingston/

Judge(s)

Clement, Edith Brown (Louisiana)

DeMoss, Harold R. Jr. (Texas)

Attorney for Plaintiff

Attorney for Defendant

Burton, Cynthia (Texas)

Cook, Allan Kennedy (Texas)

Cunniff, Celamine (Texas)

Judge(s)

Clement, Edith Brown (Louisiana)

DeMoss, Harold R. Jr. (Texas)

Elrod, Jennifer Walker (Texas)

Jack, Janis Graham (Texas)

Attorney for Plaintiff

Harrington, James C (Texas)

Izzo, Lauren (Texas)

Manville, Daniel E. (Michigan)

Medlock, Scott Charles (Texas)

Attorney for Defendant

Burton, Cynthia (Texas)

Cook, Allan Kennedy (Texas)

Cunniff, Celamine (Texas)

Hoffman, Jesse (Texas)

Johnson, Calysta L (Texas)

Matlock, Karen (Texas)

Wells, Jennifer J (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:09-cv-00296	Docket [PACER]	July 2, 2012	July 2, 2012 Docket
1 2:09-cv-00296	Complaint	Nov. 4, 2009	Nov. 4, 2009 Complaint
32 2:09-cv-00296	Order	Dec. 17, 2009	Dec. 17, 2009 Order/Opinion 2009 WL 5170229
48 2:09-cv-00296	Amended Complaint	Feb. 16, 2010	Feb. 16, 2010 Complaint
53 2:09-cv-00296	Order	April 21, 2010	April 21, 2010 Order/Opinion 2010 WL 1610109
63-1 2:09-cv-00296	Second Amended Complaint	July 28, 2010	July 28, 2010 Complaint
96 2:09-cv-00296	Order	Jan. 4, 2011	Jan. 4, 2011 Order/Opinion 2011 WL 22639
97 2:09-cv-00296	Final Judgment	Jan. 5, 2011	Jan. 5, 2011 Order/Opinion
11-40128	Opinion (Affirming Summary Judgment for Defendants) U.S. Court of Appeals for the Fifth Circuit	June 1, 2012	June 1, 2012 Order/Opinion 683 F.3d 201
105 11-40128	Judgment U.S. Court of Appeals for the Fifth Circuit	June 29, 2012	June 29, 2012 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Prison Legal News Homepage	Prison Legal News (PLN), a project of the non-profit Human Rights Defense Center, is a 72-page monthly magazine that reports on criminal justice issues and prison and jail-related civil litigation, w…	May 1990	May 1, 1990 https://www.prisonlegalnews.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4397622/prison-legal-news-v-livingston/

Last updated Jan. 8, 2026, 4:27 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint 1 Civil Cover Sheet View on PACER	Nov. 4, 2009	Nov. 4, 2009
2	Order for Initial Conference and Disclosure 1 Standing Order View on PACER	Nov. 5, 2009	Nov. 5, 2009
3	Motion to Appear Pro Hac Vice	Nov. 6, 2009	Nov. 6, 2009
4	Order on Motion to Appear Pro Hac Vice	Nov. 6, 2009	Nov. 6, 2009
5	Certificate of Interested Parties	Nov. 23, 2009	Nov. 23, 2009
6	Return of Service Executed	Dec. 4, 2009	Dec. 4, 2009
7	Return of Service Executed	Dec. 4, 2009	Dec. 4, 2009
8	Return of Service Executed	Dec. 4, 2009	Dec. 4, 2009
9	Return of Service Executed	Dec. 4, 2009	Dec. 4, 2009
10	JointDiscovery/Case Management Plan 1 Exhibit 1 View on PACER	Dec. 4, 2009	Dec. 4, 2009
11	Motion to Transfer Case 1 Proposed Order View on PACER	Dec. 7, 2009	Dec. 7, 2009
12	Motion to Dismiss 1 Proposed Order View on PACER 2 Exhibit A View on PACER	Dec. 7, 2009	Dec. 7, 2009
13	Certificate of Interested Parties	Dec. 8, 2009	Dec. 8, 2009
14	Motion for Continuance 1 Attachment A View on PACER 2 Proposed Order View on PACER	Dec. 8, 2009	Dec. 8, 2009
15	Advisory	Dec. 8, 2009	Dec. 8, 2009
16	Motion to Dismiss 1 Exhibit A View on PACER 2 Proposed Order View on PACER	Dec. 9, 2009	Dec. 9, 2009
17	Return of Service Executed	Dec. 9, 2009	Dec. 9, 2009
18	Return of Service Executed	Dec. 9, 2009	Dec. 9, 2009
19	Motion to Dismiss 1 Exhibit A View on PACER 2 Proposed Order View on PACER	Dec. 11, 2009	Dec. 11, 2009
20	Notice of Resetting	Dec. 14, 2009	Dec. 14, 2009
21	Response to Motion 1 Proposed Order View on PACER	Dec. 15, 2009	Dec. 15, 2009
22	Response to Motion 1 Proposed Order View on PACER 2 Exhibit View on PACER	Dec. 15, 2009	Dec. 15, 2009
23	Document	Dec. 16, 2009	Dec. 16, 2009
24	Motion for Leave to Appear 1 Proposed Order View on PACER	Dec. 16, 2009	Dec. 16, 2009
25	Notice of Appearance	Dec. 16, 2009	Dec. 16, 2009
26	Order on Motion for Leave to Appear	Dec. 17, 2009	Dec. 17, 2009
27	Notice of Setting	Dec. 17, 2009	Dec. 17, 2009
28	Motion to Seal 1 Exhibit A - Coversheet Only View on PACER 2 Proposed Order View on PACER	Dec. 17, 2009	Dec. 17, 2009
29	Sealed Event	Dec. 17, 2009	Dec. 17, 2009
30	Motion to Dismiss 1 Exhibit A View on PACER 2 Proposed Order View on PACER	Dec. 17, 2009	Dec. 17, 2009
31	Order on Motion to Seal	Dec. 17, 2009	Dec. 17, 2009
32	ORDER Denying in Part 30 MOTION to Dismiss Defendant Richard Lopez' Motion to Dismiss for Lack of Standing, 12 MOTION to Dismiss for Lack of Standing, 19 MOTION to Dismiss Defendant E. Brown's Motion to Dismiss for La ck of Standing, 16 MOTION to Dismiss Defendant Jennifer Smith's Motion to Dismiss for Lack of Standing, Denying 11 Opposed MOTION to Transfer Case to Waco Division of the Western District, United States District Court ( Defendants may submit additional briefing on subject of qualified immunity by 1/6/2010, Plaintiff must respond by 1/13/2010).(Signed by Judge Janis Graham Jack) Parties notified.(srussell, )	Dec. 17, 2009	Dec. 17, 2009 RECAP
33	Response to Motion 1 Proposed Order View on PACER	Dec. 17, 2009	Dec. 17, 2009
34	Order	Dec. 18, 2009	Dec. 18, 2009
35	Order	Dec. 18, 2009	Dec. 18, 2009
36	Order	Dec. 18, 2009	Dec. 18, 2009
37	Scheduling Order	Dec. 18, 2009	Dec. 18, 2009
38	JointDiscovery/Case Management Plan	Dec. 18, 2009	Dec. 18, 2009
39	Notice of Attorney Substitution	Jan. 11, 2010	Jan. 11, 2010
40	Answer to Complaint	Jan. 12, 2010	Jan. 12, 2010
41	Notice (Other)	Jan. 15, 2010	Jan. 15, 2010
42	Notice (Other)	Jan. 15, 2010	Jan. 15, 2010
43	Motion to Dismiss 1 Proposed Order View on PACER 2 Exhibit A View on PACER	Jan. 29, 2010	Jan. 29, 2010
44	Response to Motion 1 Proposed Order View on PACER	Feb. 12, 2010	Feb. 12, 2010
45	Motion to Amend 1 Proposed Order View on PACER	Feb. 12, 2010	Feb. 12, 2010
46	Notice of Setting	Feb. 16, 2010	Feb. 16, 2010
47	Order on Motion to Amend	Feb. 16, 2010	Feb. 16, 2010
48	Amended Complaint/Counterclaim/Crossclaim etc.	Feb. 16, 2010	Feb. 16, 2010
49	Amended Answer	March 2, 2010	March 2, 2010
50	Notice (Other)	March 10, 2010	March 10, 2010
51	Notice of Attorney Substitution	April 12, 2010	April 12, 2010
52	Notice of Appearance	April 12, 2010	April 12, 2010
53	ORDER granting 43 Supplemental MOTION to Dismiss Based On Qualified Immunity.(Signed by Judge Janis Graham Jack) Parties notified.(sscotch, )	April 21, 2010	April 21, 2010 RECAP
54	Letter	April 23, 2010	April 23, 2010
55	Notice (Other)	April 30, 2010	April 30, 2010
56	Order	May 4, 2010	May 4, 2010
57	Motion to Appear Pro Hac Vice	June 9, 2010	June 9, 2010
58	Order on Motion to Appear Pro Hac Vice	June 11, 2010	June 11, 2010
59	Notice of Appearance	June 24, 2010	June 24, 2010
60	Notice of Appearance	July 20, 2010	July 20, 2010
61	Designation of Expert Witness List	July 22, 2010	July 22, 2010
62	Designation of Expert Witness List	July 22, 2010	July 22, 2010
63	Motion to Amend 1 Exhibit View on PACER 2 Proposed Order View on PACER	July 28, 2010	July 28, 2010
64	Motion to Modify 1 Proposed Order View on PACER	July 29, 2010	July 29, 2010
65	Notice of Setting	July 30, 2010	July 30, 2010
66	Order on Motion to Amend	July 30, 2010	July 30, 2010
67	Amended Complaint/Counterclaim/Crossclaim etc.	July 30, 2010	July 30, 2010
68	Scheduling Order	July 30, 2010	July 30, 2010
69	Advisory	Aug. 16, 2010	Aug. 16, 2010
70	Advisory	Aug. 19, 2010	Aug. 19, 2010
71	Answer to Amended Complaint	Aug. 20, 2010	Aug. 20, 2010
72	Motion for Summary Judgment 1 Appendix Tab 1 View on PACER 2 Appendix Tab 2 Exh A View on PACER 3 Appendix Tab 2 Exh B View on PACER 4 Appendix Tab 2 Exh C View on PACER 5 Appendix Tab 2 Exh D View on PACER 6 Appendix Tab 2 Exh E View on PACER 7 Appendix Tab 2 Exh F View on PACER	Oct. 15, 2010	Oct. 15, 2010
73	Appendix 1 Appendix Tab 2 Exh G-2 View on PACER 2 Appendix Tab 2 Exh G-3 View on PACER 3 Appendix Tab 2 Exh H View on PACER 4 Appendix Tab 2 Exh I View on PACER 5 Appendix Tab 2 Exh J View on PACER 6 Appendix Tab 2 Exh K View on PACER 7 Appendix Tab 2 Exh L View on PACER 8 Appendix Tab 2 Exh M View on PACER 9 Appendix Tab 2 Exh N View on PACER 10 Appendix Tab 2 Exh O View on PACER 11 Appendix Tab 2 Exh P View on PACER 12 Appendix Tab 2 Exh Q View on PACER	Oct. 15, 2010	Oct. 15, 2010
74	Appendix 1 Appendix Tab 2 Exh S View on PACER 2 Appendix Tab 2 Exh T View on PACER 3 Appendix Tab 2 Exh U View on PACER 4 Appendix Tab 2 Exh V View on PACER 5 Appendix Tab 2 Exh W View on PACER 6 Appendix Tab 2 Exh X View on PACER 7 Appendix Tab 3 View on PACER 8 Appendix Tab 4 View on PACER 9 Appendix Tab 5 View on PACER 10 Proposed Order View on PACER	Oct. 15, 2010	Oct. 15, 2010
75	Motion for Summary Judgment 1 Exhibit Exhibits 1-8a View on PACER 2 Exhibit Exhibits 8b-11 View on PACER 3 Exhibit Exhibits 12-16 View on PACER 4 Exhibit Exhibits 17-28 View on PACER 5 Exhibit Exhibits 29-33 View on PACER 6 Proposed Order View on PACER	Oct. 15, 2010	Oct. 15, 2010
76	Motion to Exclude 1 Exhibit A View on PACER 2 Proposed Order View on PACER	Oct. 15, 2010	Oct. 15, 2010
77	Order Striking Document	Oct. 18, 2010	Oct. 18, 2010
78	Motion for Leave to File Document 1 Proposed Order View on PACER	Oct. 18, 2010	Oct. 18, 2010
79	Motion for Leave to File Document 1 Proposed Order View on PACER	Oct. 18, 2010	Oct. 18, 2010
80	Motion for Summary Judgment 1 Proposed Order View on PACER	Oct. 18, 2010	Oct. 18, 2010
81	Appendix 1 Appendix Tab 2 Exh A View on PACER 2 Appendix Tab 2 Exh B View on PACER 3 Appendix Tab 2 Exh C View on PACER 4 Appendix Tab 2 Exh D View on PACER 5 Appendix Tab 2 Exh E View on PACER 6 Appendix Tab 2 Exh F View on PACER 7 Appendix Tab 2 Exh G View on PACER 8 Appendix Tab 2 Exh H View on PACER 9 Appendix Tab 2 Exh I View on PACER 10 Appendix Tab 2 Exh J View on PACER 11 Appendix Tab 2 Exh K View on PACER 12 Appendix Tab 2 Exh L View on PACER 13 Appendix Tab 2 Exh M View on PACER 14 Appendix Tab 2 Exh N View on PACER 15 Appendix Tab 2 Exh O View on PACER 16 Appendix Tab 2 Exh P View on PACER 17 Appendix Tab 2 Exh Q View on PACER 18 Appendix Tab 2 Exh R View on PACER 19 Appendix Tab 2 Exh S View on PACER 20 Appendix Tab 2 Exh T View on PACER 21 Appendix Tab 2 Exh U View on PACER 22 Appendix Tab 2 Exh V View on PACER 23 Appendix Tab 2 Exh W View on PACER 24 Appendix Tab 2 Exh X View on PACER 25 Appendix Tab 3 View on PACER 26 Appendix Tab 4 View on PACER 27 Appendix Tab 5 View on PACER 28 Appendix Tab 6 View on PACER	Oct. 18, 2010	Oct. 18, 2010
82	Motion for Summary Judgment 1 Proposed Order View on PACER 2 Appendix Tab 1 View on PACER 3 Appendix Tab 2A View on PACER 4 Appendix Tab2B View on PACER 5 Appendix Tab 2C View on PACER 6 Appendix Tab 2D View on PACER 7 Appendix Tab 2E View on PACER 8 Appendix Tab 2F View on PACER 9 Appendix Tab 2G View on PACER 10 Appendix Tab 2H View on PACER 11 Appendix Tab 2I View on PACER 12 Appendix Tab 2J View on PACER 13 Appendix Tab 2K View on PACER 14 Appendix Tab 2L View on PACER 15 Appendix Tab 2M View on PACER 16 Appendix Tab 2N View on PACER 17 Appendix Tab 2O View on PACER 18 Appendix Tab 2P View on PACER 19 Appendix Tab 2Q View on PACER 20 Appendix Tab 2R View on PACER 21 Appendix Tab 2S View on PACER 22 Appendix Tab 2T View on PACER 23 Appendix Tab 2U View on PACER 24 Appendix Tab 2V View on PACER 25 Appendix Tab 2W View on PACER 26 Appendix Tab 2X View on PACER 27 Appendix Tab 3 View on PACER 28 Appendix Tab 4 View on PACER 29 Appendix Tab 5 View on PACER 30 Appendix Tab 6 View on PACER	Oct. 18, 2010	Oct. 18, 2010
83	Order on Motion for Leave to File	Oct. 21, 2010	Oct. 21, 2010
84	Notice (Other)	Oct. 28, 2010	Oct. 28, 2010
85	Notice (Other)	Oct. 29, 2010	Oct. 29, 2010
86	Response in Opposition to Motion 1 Exhibit View on PACER 2 Proposed Order View on PACER	Nov. 4, 2010	Nov. 4, 2010
87	Motion to Strike 1 Proposed Order View on PACER	Nov. 8, 2010	Nov. 8, 2010
88	Reply	Nov. 8, 2010	Nov. 8, 2010
89	Response	Nov. 8, 2010	Nov. 8, 2010
90	Response to Motion 2 Proposed Order View on PACER 4 Exhibit View on PACER 5 Exhibit Continuation View on PACER	Nov. 8, 2010	Nov. 8, 2010
91	Order Striking Document	Nov. 9, 2010	Nov. 9, 2010
92	Motion for Reconsideration 1 Proposed Order View on PACER 2 Exhibit View on PACER	Nov. 10, 2010	Nov. 10, 2010
93	ORDER granting 92 Motion for Reconsideration and VACATES its November 9, 2010 Order (DE #91). Defts' Response to Pltffs' Motion for Summary Judgment (DE#89) and Motion to Strike (DE #87) are hereby deemed timely.(Signed by Judge Janis Graham Jack) Parties notified.(lsmith, )	Nov. 12, 2010	Nov. 12, 2010 RECAP
94	Response to Motion 1 Proposed Order View on PACER	Nov. 23, 2010	Nov. 23, 2010
95	Advisory	Dec. 8, 2010	Dec. 8, 2010
96	ORDER denying 75 Motion for Summary Judgment; denying as moot 76 Motion to Exclude; granting 82 Motion for Summary Judgment; denying 87 Motion to Strike.(Signed by Judge Janis Graham Jack) Parties notified.(mserpa, )	Jan. 4, 2011	Jan. 4, 2011 RECAP
97	Final Judgment	Jan. 5, 2011	Jan. 5, 2011
98	Notice of Appeal	Feb. 1, 2011	Feb. 1, 2011
99	Notice of the Filing of an Appeal	Feb. 3, 2011	Feb. 3, 2011
100	USCA Case Number	Feb. 10, 2011	Feb. 10, 2011