Case: Prison Legal News v. Poor

3:10-cv-00251 | U.S. District Court for the Southern District of Texas

Filed Date: June 28, 2010

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On June 28, 2010, the publisher of a Prison Legal news, a monthly civil rights magazine for prisoners, filed a civil rights action in the U.S. District Court for the Southern District of Texas against the sheriff of Galveston County Jail, alleging violation the plaintiff's constitutional rights to free speech and due process. Plaintiff, represented by the Texas Civil Rights Project, sought injunctive and declaratory relief, as well as nominal compensatory and punitive damages. Galveston County …

On June 28, 2010, the publisher of a Prison Legal news, a monthly civil rights magazine for prisoners, filed a civil rights action in the U.S. District Court for the Southern District of Texas against the sheriff of Galveston County Jail, alleging violation the plaintiff's constitutional rights to free speech and due process. Plaintiff, represented by the Texas Civil Rights Project, sought injunctive and declaratory relief, as well as nominal compensatory and punitive damages.

Galveston County Jail had implemented a policy in December 2006 that only permitted inmates who subscribed to Prison Legal News to receive it with special authorization from prison administration; otherwise, the publication was placed in their stored property. Plaintiff asserted that it did not receive notification of the change in the prison's policy nor did their subscribers prior to censorship.

On February 24, 2011, the case settled, and the Court (Judge Kenneth M. Hoyt) dismissed it accordingly (although retaining jurisdiction over the case for purposes of enforcing this stipulated judgment). The settlement recognized that PLN is entitled to receive notifications of mail rejection from every publication that it sends, and the subscribers are allowed to receive their subscriptions unless there is a safety or security concern. The Sheriff must maintain a subscription to PLN for five years in the law library available to the prison population. The Defendant was ordered to pay $5,500 in damages. The case is now closed.

Summary Authors

Kya Henley (4/14/2014)

Deeva Shah (9/25/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4398043/parties/prison-legal-news-v-poor/


Judge(s)

Hoyt, Kenneth M. (Texas)

Attorneys(s) for Plaintiff

Cook, Adam K (Vermont)

Harrington, James C (Texas)

Izzo, Lauren (Texas)

Krause, Wayne Nicholas (Texas)

McGiverin, Brian Rolland (Texas)

Medlock, Scott Charles (Texas)

Attorneys(s) for Defendant

Glywasky, Donald S (Texas)

Judge(s)

Hoyt, Kenneth M. (Texas)

Attorneys(s) for Plaintiff

Cook, Adam K (Vermont)

Harrington, James C (Texas)

Izzo, Lauren (Texas)

Krause, Wayne Nicholas (Texas)

McGiverin, Brian Rolland (Texas)

Medlock, Scott Charles (Texas)

Attorneys(s) for Defendant

Glywasky, Donald S (Texas)

Documents in the Clearinghouse

Document

Docket [Pacer]

March 9, 2011 Docket
1

Complaint

June 28, 2010 Complaint
16

Order on Agreed Motion to Dismiss Individual Defendants

Feb. 22, 2011 Order/Opinion
17

Stipulated Judgment and Settlement Agreement

Feb. 23, 2011 Settlement Agreement
18

Order of Dismissal on Settlement Announcement

Feb. 24, 2011 Order/Opinion
20

Order Adopting Stipulated Judgment and Dismissing with Prejudice

March 9, 2011 Order/Opinion

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/4398043/prison-legal-news-v-poor/

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

ECF Number Description Date Link
1

COMPLAINT against R.C. Delacruz, Jr, Galveston County, Gean Leonard, Freddie Poor (Filing fee $ 350 receipt number 0541-6574867) filed by Human Rights Defense Center dba Prison Legal News. (Attachments: # 1 Civil Cover Sheet)(Izzo, Lauren) (Entered: 06/28/2010)

1 Civil Cover Sheet

View on PACER

June 28, 2010 PACER
2

ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 9/29/2010 at 03:00 PM by telephone before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(lusmith, ) (Entered: 06/29/2010)

June 29, 2010 PACER
3

ANSWER to 1 Complaint by R.C. Delacruz, Jr, Galveston County, Gean Leonard, Freddie Poor, filed.(Glywasky, Donald) (Entered: 08/25/2010)

Aug. 25, 2010 PACER
4

CERTIFICATE OF INTERESTED PARTIES by Prison Legal News, filed.(Izzo, Lauren) (Entered: 09/08/2010)

Sept. 8, 2010 PACER
5

NOTICE of Resetting. Parties notified. Telephone Conference reset for 9/29/2010 at 08:00 AM before Judge Kenneth M. Hoyt, filed. (ccarnew, ) (Entered: 09/15/2010)

Sept. 15, 2010 PACER
6

CERTIFICATE OF INTERESTED PARTIES by R.C. Delacruz, Jr, Galveston County, Gean Leonard, Freddie Poor, filed.(Glywasky, Donald) (Entered: 09/16/2010)

Sept. 16, 2010 PACER
7

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Prison Legal News, filed.(Izzo, Lauren) (Entered: 09/17/2010)

Sept. 17, 2010 PACER
8

ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on 9/29/2010. Appearances: Wayne Krause, Donald S Glywasky. ETT: 3 days. Bench. Pltf Expert Witness List due by 4/1/2011 Pltf Expert Report due by 4/1/2011 Deft Expert Witness List due by 5/1/2011 Deft Expert Report due by 5/1/2011 Discovery due by 7/1/2011 Dispositive Motion Filing due by 7/30/2011 Docket Call set for 9/19/2011 at 09:30 AM in Sixth Floor Courtroom before Judge Kenneth M. Hoyt.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dwilkerson, ) (Entered: 09/29/2010)

Sept. 29, 2010 PACER
9

INITIAL DISCLOSURES by R.C. Delacruz, Jr, Galveston County, Gean Leonard, Freddie Poor, filed.(Glywasky, Donald) (Entered: 10/04/2010)

Oct. 4, 2010 PACER
10

MOTION for Brian Rolland McGiverin to Appear Pro Hac Vice by Prison Legal News, filed. Motion Docket Date 12/27/2010. (Izzo, Lauren) (Main Document 10 replaced on 12/6/2010) (lusmith, ). (Entered: 12/03/2010)

Dec. 3, 2010 PACER
11

MOTION to Substitute Attorney Brian McGiverin in place of Lauren Izzo, MOTION for Lauren Izzo to Withdraw as Attorney( Motion Docket Date 12/27/2010.) by Prison Legal News, filed. (Attachments: # 1 Proposed Order)(Izzo, Lauren) (Entered: 12/03/2010)

1 Proposed Order

View on PACER

Dec. 3, 2010 PACER
12

ORDER granting 10 Motion to Appear Pro Hac Vice.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) (Entered: 12/09/2010)

Dec. 9, 2010 PACER
13

ORDER granting 11 Motion to Substitute Attorney Attorney Lauren Izzo terminated; granting 11 Motion to Withdraw as Attorney. Attorney Lauren Izzo terminated.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) (Entered: 01/12/2011)

Jan. 12, 2011 PACER
14

ADVISORY by Prison Legal News, filed.(Medlock, Scott) (Entered: 01/13/2011)

Jan. 13, 2011 PACER
15

Agreed MOTION to Dismiss INDIVIDUAL DEFENDANTS by Prison Legal News, filed. Motion Docket Date 3/9/2011. (Attachments: # 1 Proposed Order)(Medlock, Scott) (Entered: 02/16/2011)

1 Proposed Order

View on PACER

Feb. 16, 2011 RECAP
16

ORDER GRANTING 15 Plaintiff's Agreed Motion to Dismiss. Claims against individual Defendants Poor, Leonard, Delacruz are DISMISSED with prejudice.(Signed by Judge Kenneth M. Hoyt) Parties notified.(dwilkerson, ) (Entered: 02/22/2011)

Feb. 22, 2011 PACER
17

SETTLEMENT AGREEMENT by Galveston County, Prison Legal News, filed.(Medlock, Scott) (Entered: 02/23/2011)

Feb. 23, 2011 RECAP
18

ORDER OF DISMISSAL on Settlement Announcement; case dismissed without prejudice to the right of parties to move for reinstatement within ninety days. Case terminated on 2/24/11.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, ) (Entered: 02/24/2011)

Feb. 24, 2011 PACER
19

Joint MOTION to Reinstate FOR ENTRY OF STIPULATED JUDGMENT by Prison Legal News, filed. Motion Docket Date 3/28/2011. (Attachments: # 1 Proposed Order)(Medlock, Scott) (Entered: 03/07/2011)

1 Proposed Order

View on PACER

March 7, 2011 PACER
20

ORDER ADOPTING STIPULATED JUDGMENT and DISMISSING with PREJUDICE 17 Stipulated Settlement Agreement.(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace) (Entered: 03/09/2011)

March 9, 2011 RECAP

State / Territory: Texas

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: June 28, 2010

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Publisher of Prison Legal News, a monthly magazine 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

Galveston County Sheriff (Galveston), 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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 5500

Order Duration: 2011 - 2016

Content of Injunction:

Implement complaint/dispute resolution process

Issues

General:

Mail

Type of Facility:

Government-run