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)
Attorney for Plaintiff

Bathurst, Camille (Texas)

Belzley, Gregory Allen (Texas)

Bornstein, Jeffrey L (Texas)

Burday, Joshua Hart (Texas)

Attorney for Defendant

Calvert, Frank D (Texas)

Documents in the Clearinghouse

Documents in this case

3:10-cv-00251

Docket [Pacer]

March 9, 2011

March 9, 2011

Docket
1

3:10-cv-00251

Complaint

June 28, 2010

June 28, 2010

Complaint
16

3:10-cv-00251

Order on Agreed Motion to Dismiss Individual Defendants

Feb. 22, 2011

Feb. 22, 2011

Order/Opinion
17

3:10-cv-00251

Stipulated Judgment and Settlement Agreement

Feb. 23, 2011

Feb. 23, 2011

Settlement Agreement
18

3:10-cv-00251

Order of Dismissal on Settlement Announcement

Feb. 24, 2011

Feb. 24, 2011

Order/Opinion
20

3:10-cv-00251

Order Adopting Stipulated Judgment and Dismissing with Prejudice

March 9, 2011

March 9, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4398043/prison-legal-news-v-poor/

Last updated Aug. 25, 2026, 1:51 p.m.

Docket for: Prison Legal News v. Poor
ECF Number Date Description Link
1 June 28, 2010

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

RECAP
2 June 29, 2010

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)

RECAP
3 Aug. 25, 2010

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

RECAP
4 Sept. 8, 2010

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

RECAP
5 Sept. 15, 2010

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)

RECAP
6 Sept. 16, 2010

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

RECAP
7 Sept. 17, 2010

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

RECAP
8 Sept. 29, 2010

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)

RECAP
9 Oct. 4, 2010

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

RECAP
10 Dec. 3, 2010

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)

RECAP
11 Dec. 3, 2010

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

RECAP
12 Dec. 9, 2010

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

RECAP
13 Jan. 12, 2011

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)

RECAP
14 Jan. 13, 2011

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

RECAP
15 Feb. 16, 2011

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

RECAP
16 Feb. 22, 2011

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)

RECAP
17 Feb. 23, 2011

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

RECAP
18 Feb. 24, 2011

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)

RECAP
19 March 7, 2011

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

RECAP
20 March 9, 2011

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)

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

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

County

Galveston County Sheriff

Defendant Type(s):

Corrections

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 3:10-cv-00251

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

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.:

Mail

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