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

Clearinghouse coding complete

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.

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

Documents in the Clearinghouse

Documents in this case

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

show / hide documents

Resources

Resources related to this case
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/...

show / hide resources

Docket

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

Last updated July 22, 2026, 5:40 a.m.

Docket for: Prison Legal News v. Livingston

ECF Number	Date	Description	Link
1	Nov. 4, 2009	Complaint 1 Civil Cover Sheet View on PACER	RECAP
2	Nov. 5, 2009	Order for Initial Conference and Disclosure 1 Standing Order View on PACER	RECAP
3	Nov. 6, 2009	Motion to Appear Pro Hac Vice	RECAP
4	Nov. 6, 2009	Order on Motion to Appear Pro Hac Vice	RECAP
5	Nov. 23, 2009	Certificate of Interested Parties	RECAP
6	Dec. 4, 2009	Return of Service Executed	RECAP
7	Dec. 4, 2009	Return of Service Executed	RECAP
8	Dec. 4, 2009	Return of Service Executed	RECAP
9	Dec. 4, 2009	Return of Service Executed	RECAP
10	Dec. 4, 2009	JointDiscovery/Case Management Plan 1 Exhibit 1 View on PACER	RECAP
11	Dec. 7, 2009	Motion to Transfer Case 1 Proposed Order View on PACER	RECAP
12	Dec. 7, 2009	Motion to Dismiss 1 Proposed Order View on PACER 2 Exhibit A View on PACER	RECAP
13	Dec. 8, 2009	Certificate of Interested Parties	RECAP
14	Dec. 8, 2009	Motion for Continuance 1 Attachment A View on PACER 2 Proposed Order View on PACER	RECAP
15	Dec. 8, 2009	Advisory	RECAP
16	Dec. 9, 2009	Motion to Dismiss 1 Exhibit A View on PACER 2 Proposed Order View on PACER	RECAP
17	Dec. 9, 2009	Return of Service Executed	RECAP
18	Dec. 9, 2009	Return of Service Executed	RECAP
19	Dec. 11, 2009	Motion to Dismiss 1 Exhibit A View on PACER 2 Proposed Order View on PACER	RECAP
20	Dec. 14, 2009	Notice of Resetting	RECAP
21	Dec. 15, 2009	Response to Motion 1 Proposed Order View on PACER	RECAP
22	Dec. 15, 2009	Response to Motion 1 Proposed Order View on PACER 2 Exhibit View on PACER	RECAP
23	Dec. 16, 2009	Document	RECAP
24	Dec. 16, 2009	Motion for Leave to Appear 1 Proposed Order View on PACER	RECAP
25	Dec. 16, 2009	Notice of Appearance	RECAP
26	Dec. 17, 2009	Order on Motion for Leave to Appear	RECAP
27	Dec. 17, 2009	Notice of Setting	RECAP
28	Dec. 17, 2009	Motion to Seal 1 Exhibit A - Coversheet Only View on PACER 2 Proposed Order View on PACER	RECAP
29	Dec. 17, 2009	Sealed Event	RECAP
30	Dec. 17, 2009	Motion to Dismiss 1 Exhibit A View on PACER 2 Proposed Order View on PACER	RECAP
31	Dec. 17, 2009	Order on Motion to Seal	RECAP
32	Dec. 17, 2009	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, )	RECAP
33	Dec. 17, 2009	Response to Motion 1 Proposed Order View on PACER	RECAP
34	Dec. 18, 2009	Order	RECAP
35	Dec. 18, 2009	Order	RECAP
36	Dec. 18, 2009	Order	RECAP
37	Dec. 18, 2009	Scheduling Order	RECAP
38	Dec. 18, 2009	JointDiscovery/Case Management Plan	RECAP
39	Jan. 11, 2010	Notice of Attorney Substitution	RECAP
40	Jan. 12, 2010	Answer to Complaint	RECAP
41	Jan. 15, 2010	Notice (Other)	RECAP
42	Jan. 15, 2010	Notice (Other)	RECAP
43	Jan. 29, 2010	Motion to Dismiss 1 Proposed Order View on PACER 2 Exhibit A View on PACER	RECAP
44	Feb. 12, 2010	Response to Motion 1 Proposed Order View on PACER	RECAP
45	Feb. 12, 2010	Motion to Amend 1 Proposed Order View on PACER	RECAP
46	Feb. 16, 2010	Notice of Setting	RECAP
47	Feb. 16, 2010	Order on Motion to Amend	RECAP
48	Feb. 16, 2010	Amended Complaint/Counterclaim/Crossclaim etc.	RECAP
49	March 2, 2010	Amended Answer	RECAP
50	March 10, 2010	Notice (Other)	RECAP
51	April 12, 2010	Notice of Attorney Substitution	RECAP
52	April 12, 2010	Notice of Appearance	RECAP
53	April 21, 2010	ORDER granting 43 Supplemental MOTION to Dismiss Based On Qualified Immunity.(Signed by Judge Janis Graham Jack) Parties notified.(sscotch, )	RECAP
54	April 23, 2010	Letter	RECAP
55	April 30, 2010	Notice (Other)	RECAP
56	May 4, 2010	Order	RECAP
57	June 9, 2010	Motion to Appear Pro Hac Vice	RECAP
58	June 11, 2010	Order on Motion to Appear Pro Hac Vice	RECAP
59	June 24, 2010	Notice of Appearance	RECAP
60	July 20, 2010	Notice of Appearance	RECAP
61	July 22, 2010	Designation of Expert Witness List	RECAP
62	July 22, 2010	Designation of Expert Witness List	RECAP
63	July 28, 2010	Motion to Amend 1 Exhibit View on PACER 2 Proposed Order View on PACER	RECAP
64	July 29, 2010	Motion to Modify 1 Proposed Order View on PACER	RECAP
65	July 30, 2010	Notice of Setting	RECAP
66	July 30, 2010	Order on Motion to Amend	RECAP
67	July 30, 2010	Amended Complaint/Counterclaim/Crossclaim etc.	RECAP
68	July 30, 2010	Scheduling Order	RECAP
69	Aug. 16, 2010	Advisory	RECAP
70	Aug. 19, 2010	Advisory	RECAP
71	Aug. 20, 2010	Answer to Amended Complaint	RECAP
72	Oct. 15, 2010	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	RECAP
73	Oct. 15, 2010	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	RECAP
74	Oct. 15, 2010	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	RECAP
75	Oct. 15, 2010	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	RECAP
76	Oct. 15, 2010	Motion to Exclude 1 Exhibit A View on PACER 2 Proposed Order View on PACER	RECAP
77	Oct. 18, 2010	Order Striking Document	RECAP
78	Oct. 18, 2010	Motion for Leave to File Document 1 Proposed Order View on PACER	RECAP
79	Oct. 18, 2010	Motion for Leave to File Document 1 Proposed Order View on PACER	RECAP
80	Oct. 18, 2010	Motion for Summary Judgment 1 Proposed Order View on PACER	RECAP
81	Oct. 18, 2010	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	RECAP
82	Oct. 18, 2010	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	RECAP
83	Oct. 21, 2010	Order on Motion for Leave to File	RECAP
84	Oct. 28, 2010	Notice (Other)	RECAP
85	Oct. 29, 2010	Notice (Other)	RECAP
86	Nov. 4, 2010	Response in Opposition to Motion 1 Exhibit View on PACER 2 Proposed Order View on PACER	RECAP
87	Nov. 8, 2010	Motion to Strike 1 Proposed Order View on PACER	RECAP
88	Nov. 8, 2010	Reply	RECAP
89	Nov. 8, 2010	Response	RECAP
90	Nov. 8, 2010	Response to Motion 2 Proposed Order View on PACER 4 Exhibit View on PACER 5 Exhibit Continuation View on PACER	RECAP
91	Nov. 9, 2010	Order Striking Document	RECAP
92	Nov. 10, 2010	Motion for Reconsideration 1 Proposed Order View on PACER 2 Exhibit View on PACER	RECAP
93	Nov. 12, 2010	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, )	RECAP
94	Nov. 23, 2010	Response to Motion 1 Proposed Order View on PACER	RECAP
95	Dec. 8, 2010	Advisory	RECAP
96	Jan. 4, 2011	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, )	RECAP
97	Jan. 5, 2011	Final Judgment	RECAP
98	Feb. 1, 2011	Notice of Appeal	RECAP
99	Feb. 3, 2011	Notice of the Filing of an Appeal	RECAP
100	Feb. 10, 2011	USCA Case Number	RECAP

show / hide docket entries

Case Details

State / Territory:

Texas

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

Key Dates

Filing Date: Nov. 4, 2009

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Publisher of a monthly magazine and distributor of books, informing incarcerated individuals of their rights.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Texas Department of Criminal Justice

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Southern District of Texas 2:09-cv-00296

U.S. Court of Appeals for the Fifth Circuit 11-40128

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Conditions of confinement

Mail

Jails, Prisons, Detention Centers, and Other Institutions:

Library (non-law) access

Recommended Citation

Case Summary of Prison Legal News v. Livingston, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/12114/ (last updated 10/1/2014).