Filed Date: June 28, 2010
Closed Date: 2016
Clearinghouse coding complete
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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4398043/parties/prison-legal-news-v-poor/
Bathurst, Camille (Texas)
Belzley, Gregory Allen (Texas)
Bornstein, Jeffrey L (Texas)
Burday, Joshua Hart (Texas)
Calvert, Frank D (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/4398043/prison-legal-news-v-poor/
Last updated Dec. 16, 2024, 4:19 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Texas
Case Type(s):
Special Collection(s):
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):
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):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Implement complaint/dispute resolution process
Amount Defendant Pays: 5500
Order Duration: 2011 - 2016
Issues
General/Misc.: