Case: Prison Legal News v. Betterton

2:12-cv-00699 | U.S. District Court for the Eastern District of Texas

Filed Date: Nov. 9, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On November 9, 2012, Prison Legal News (PLN), a monthly publication that reports on criminal justice-related issues, filed a federal lawsuit in the Eastern District of Texas against Upshur County, Texas, alleging violation of its rights to free speech and due process at the Upshur County Jail. On October 10, 2013, the plaintiff filed a second amended complaint adding allegations of violations of the right to free press. PLN was represented by the Texas Civil Rights Project, as well as by lawye…

On November 9, 2012, Prison Legal News (PLN), a monthly publication that reports on criminal justice-related issues, filed a federal lawsuit in the Eastern District of Texas against Upshur County, Texas, alleging violation of its rights to free speech and due process at the Upshur County Jail. On October 10, 2013, the plaintiff filed a second amended complaint adding allegations of violations of the right to free press. PLN was represented by the Texas Civil Rights Project, as well as by lawyers who work for its umbrella organization, the Human Rights Defense Center. The plaintiff sought declaratory and injunctive relief, along with nominal, compensatory, and punitive damages.

According to the complaint, PLN mailed copies of its monthly publication to jail prisoners, as well as copies of a book titled Protecting Your Health and Safety. The jail rejected approximately 90 of PLN's publications over a one-year period. The jail also rejected legal mail sent to prisoners by PLN. No notice was provided to the prisoners regarding the censorship of PLN's publications. The complaint alleges that the Upshur County Jail's prisoner handbook "contains no written criteria explaining when a publication will be rejected," and jail policy "does not provide a sender any notice or explanation when a book is censored."

On September 30, 2013, the district court (Judge Rodney Gilstrap) granted in part and denied in part the plaintiff's motion for a preliminary injunction. The court (Judge Gilstrap) found that modifications to the jail's "correspondence plan" were necessary in order to meet standards guaranteed by the First and Fourteenth Amendments. The court (Judge Gilstrap) ordered implementation of specific terms for rejecting correspondence.

The parties entered into a settlement agreement that was approved by the court on December 6, 2013. Under the agreement, the defendants agreed to adopt a new policy for correspondence and agreed to distribute publications such as Prison Legal News. The jail also agreed to provide notice to senders and prisoners, and an opportunity to appeal, when mail was censored or rejected.

Summary Authors

Priyah Kaul (10/16/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5119167/parties/prison-legal-news-v-betterton/


Judge(s)

Gilstrap, James Rodney (Texas)

Attorneys(s) for Plaintiff

Harrington, James C (Texas)

McGiverin, Brian Rolland (Texas)

Medlock, Scott Charles (Texas)

Attorneys(s) for Defendant

Youngblood Grigson, Joanna (Texas)

Expert/Monitor/Master

Hawkins, Robert Allen (Texas)

Hull, Alissa R (Texas)

Kelly, Sean W. (Texas)

Leatherbury, Thomas S. (Texas)

McCoy, Kimberly R. (Texas)

Judge(s)

Gilstrap, James Rodney (Texas)

Attorneys(s) for Plaintiff

Harrington, James C (Texas)

McGiverin, Brian Rolland (Texas)

Medlock, Scott Charles (Texas)

Attorneys(s) for Defendant

Youngblood Grigson, Joanna (Texas)

Expert/Monitor/Master

Hawkins, Robert Allen (Texas)

Hull, Alissa R (Texas)

Kelly, Sean W. (Texas)

Leatherbury, Thomas S. (Texas)

McCoy, Kimberly R. (Texas)

Tristan, Stephen (Texas)

Weber, Lance (Vermont)

Weiland, S. Cass (Texas)

Wilson, Marissa Anne (Texas)

Documents in the Clearinghouse

Document

2:12-cv-00699

Docket (PACER)

Nov. 1, 2012

Nov. 1, 2012

Docket
1

2:12-cv-00699

Complaint

Nov. 1, 2012

Nov. 1, 2012

Complaint
2

2:12-cv-00699

Prison Legal News' Motion for Preliminary Injunction

Nov. 1, 2012

Nov. 1, 2012

Pleading / Motion / Brief
59

2:12-cv-00699

Memorandum Opinion and Order

Sept. 30, 2013

Sept. 30, 2013

Order/Opinion
69

2:12-cv-00699

Plaintiff's Second Amended Complaint

Oct. 7, 2013

Oct. 7, 2013

Complaint
96

2:12-cv-00699

Agreed Final Judgment

Dec. 6, 2013

Dec. 6, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5119167/prison-legal-news-v-betterton/

Last updated Aug. 25, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Anthony Betterton, Jill McCoy ( Filing fee $ 350 receipt number 0540−3854654.), filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet)(McGiverin, Brian) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

2

MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McGiverin, Brian) (Additional attachment(s) added on 4/5/2013: # 4 Text of Proposed Order) (ch, ). (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non−jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge . (ch, ) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

3

SUMMONS Issued as to Anthony Betterton, Jill McCoy. (Attachments: # 1 Sheriff Betterton, # 2 Upshur County)(ehs, ) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

4

MOTION to Amend/Correct 1 Complaint by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(McGiverin, Brian) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

5

AMENDED COMPLAINT against Anthony Betterton, Jill McCauley, filed by Prison Legal News.(McGiverin, Brian) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

6

ORDER denying as moot 4 Motion to Amend. The Plaintiff does not need leave of court to file its Amended Complaint. Signed by Judge Rodney Gilstrap on 11/29/12. (bas) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

7

SUMMONS REISSUED as to Jill McCauley. (ehs, ) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

8

Unopposed MOTION for Extension of Time to File Answer re 5 Amended Complaint by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Text of Proposed Order Proposed Order Text)(Weiland, Stephen) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

9

NOTICE of Attorney Appearance − Pro Hac Vice by Lance T Weber on behalf of Prison Legal News. Filing fee $ 100, receipt number 0540−3911208. (Weber, Lance) (Additional attachment(s) added on 12/13/2012: # 1 SEALED Attachment) (pkb, ). (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

10

NOTICE of Attorney Appearance − Pro Hac Vice by Alissa R Hull on behalf of Prison Legal News. Filing fee $ 100, receipt number 0540−3911199. (Hull, Alissa) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

11

ORDER granting 8 Motion for Extension of Time to Answer. Deadline extended to answer due 1/10/13. Signed by Judge Rodney Gilstrap on 12/13/12. (ehs, ) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

Answer Due Deadline Updated for Anthony Betterton to 1/10/2013; Jill McCauley to 1/10/2013; Upshur County to 1/10/2013. (ehs, ) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

12

ANSWER to 5 Amended Complaint by Anthony Betterton, Jill McCauley, Upshur County.(Weiland, Stephen) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non−jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge . (sm, ) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

13

NOTICE of Attorney Appearance by Sean W Kelly on behalf of Prison Legal News (Kelly, Sean) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

14

NOTICE of Attorney Appearance by Thomas S Leatherbury on behalf of Prison Legal News (Leatherbury, Thomas) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

15

NOTICE of Attorney Appearance by Kimberly R McCoy on behalf of Prison Legal News (McCoy, Kimberly) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

16

Scheduling Conference set for 3/27/2013 02:20 PM before Judge Rodney Gilstrap. Signed by Judge Rodney Gilstrap on 2/25/2013. (ch, ) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

17

NOTICE of Designation of Mediator, Earl F. Hale, Jr., filed by Anthony Betterton, Jill McCauley, Prison Legal News, Upshur County. (Weiland, Stephen) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

18

NOTICE of Attorney Appearance by Scott Medlock on behalf of Prison Legal News (Medlock, Scott) (Entered: 04/02/2013)

April 2, 2013

April 2, 2013

19

DISCOVERY ORDER. Signed by Judge Rodney Gilstrap on 4/2/2013. (ch, ) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

20

DOCKET CONTROL ORDER − Amended Pleadings due by 9/12/2013., Discovery due by 9/5/2013., Joinder of Parties due by 7/11/2013., Proposed Pretrial Order due by 11/14/2013., Bench Trial set for 12/3/2013 09:00 AM before Judge Rodney Gilstrap. Signed by Judge Rodney Gilstrap on 4/2/2013. (ch, ) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

21

ORDER REFERRING CASE to Mediator. Earl F. Hale, Jr., 4144 N. Central Expressway, Suite 225, Dallas, Texas 75204, telephone number 214/515−0199, fax number 214/515−0192, and email address efhale@earlhale.com is hereby appointed as mediator in the above referenced case. Mediation shall be completed by September 26, 2013. Signed by Judge Rodney Gilstrap on 4/2/13. (ehs, ) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

22

ORDER re 2 MOTION for Preliminary Injunction filed by Prison Legal News ORDERING that defendants shall file a response to pla motion no later than 14 days from date of this order. Signed by Judge Rodney Gilstrap on 4/4/2013. (sm, ) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

23

AFFIDAVIT in Support re 2 MOTION for Preliminary Injunction Declaration of Paul Wright filed by Prison Legal News . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kelly, Sean) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

24

Unopposed MOTION for Extension of Time to File Response/Reply as to 23 Affidavit in Support of Motion, 22 Order, 1 Complaint by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Text of Proposed Order)(Weiland, Stephen) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

25

ORDER granting 24 Motion for Extension of Time to File Response re 2 MOTION for Preliminary Injunction. Responses due by 4/25/2013. Signed by Judge Rodney Gilstrap on 4/15/13. (mrm, ) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

26

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Anthony Betterton, Jill McCauley, Upshur County . (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Weiland, Stephen) (Additional attachment(s) added on 4/26/2013: # 3 REVISED ORDER) (ch, ). (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

27

NOTICE of Discovery Disclosure by Anthony Betterton, Jill McCauley, Upshur County (Weiland, Stephen) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

28

NOTICE of Discovery Disclosure by Prison Legal News (Kelly, Sean) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

29

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Prison Legal News . (Attachments: # 1 Exhibit A − Declaration of Devadus Nelson)(Kelly, Sean) (Entered: 05/03/2013)

May 3, 2013

May 3, 2013

30

SUR−REPLY to Reply to Response to Motion re 2 MOTION for Preliminary Injunction filed by Anthony Betterton, Jill McCauley, Upshur County . (Weiland, Stephen) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

31

NOTICE of Discovery Disclosure by Prison Legal News (Kelly, Sean) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

33

Joint MOTION for Extension of Time to Complete Discovery Deadlines by Anthony Betterton, Jill McCauley, Prison Legal News, Upshur County. (Attachments: # 1 Text of Proposed Order)(Kelly, Sean) (Additional attachment(s) added on 8/13/2013: # 2 REVISED ORDER (no lines)) (sm, ). (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

34

ORDER, granting 33 Joint MOTION to Extend Discovery Deadlines filed by Anthony Betterton, Prison Legal News, Jill McCauley, Upshur County. ( Amended Pleadings due by 9/16/2013., Discovery due by 9/13/2013.) Signed by Judge Rodney Gilstrap on 8/14/13. (mrm, ) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

35

Agreed MOTION to Continue Scheduling Conference Deadlines by Anthony Betterton, Jill McCauley, Prison Legal News, Upshur County. (Attachments: # 1 Text of Proposed Order)(Weiland, Stephen) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

36

ORDER granting 35 Agreed MOTION to Extend Deadlines. Signed by Judge Rodney Gilstrap on 8/28/2013. (ch, ) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

37

Joint MOTION for Extension of Time to Complete Discovery Deadlines by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(McCoy, Kimberly) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

38

ORDER granting 37 Motion for Extension of Time to Complete Discovery. Signed by Judge Rodney Gilstrap on 8/31/2013. (ch, ) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

39

***DEFICIENT DOCUMENT. PLEASE IGNORE.*** DEMAND for Trial by Jury by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Text of Proposed Order)(Grigson, Joanna) Modified on 9/4/2013 (ch, ). (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

NOTICE of Deficiency regarding the 39 submitted NO CERTIFICATE OF SERVICE. Correction should be made by one business day (ch, ) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

40

DEMAND for Trial by Jury by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Text of Proposed Order)(Weiland, Stephen) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

41

MOTION for Leave to File a Supplemental Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Text of Proposed Order)(Weiland, Stephen) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

42

SUPPLEMENTAL SUR−REPLY to Reply to Response to Motion re 2 MOTION for Preliminary Injunction, filed by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Exhibit A−B)(Weiland, Stephen) Modified on 9/10/2013 (sm, ). (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

NOTICE BY CLERK re 42 Sur−Reply to Reply to Response to Motion. Clerk hs modified this entry, per atty, to reflect that this is a SUPPLEMENTAL surreply to 2 Motion for prelinary injunction instead of to #41 Motion. (sm, ) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

43

NOTICE by Prison Legal News of change of attorney information (Weber, Lance) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

44

NOTICE of Change of Address by Lance T Weber (Weber, Lance) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

45

RESPONSE to Motion re 41 MOTION for Leave to File a Supplemental Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Prison Legal News . (Kelly, Sean) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

46

ORDER granting 41 Motion for Leave to File Supplemental Memorandum. Signed by Judge Rodney Gilstrap on 9/11/2013. (ch, ) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

48

NOTICE by Anthony Betterton, Jill McCauley, Upshur County of Change of Attorney Information (Weiland, Stephen) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

49

NOTICE of Attorney Appearance by Robert Allen Hawkins on behalf of Anthony Betterton, Jill McCauley, Upshur County (Hawkins, Robert) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

50

NOTICE of Attorney Appearance by Joanna Youngblood Grigson on behalf of Anthony Betterton, Jill McCauley, Upshur County (Grigson, Joanna) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

51

RESPONSE in Opposition re 47 Opposed MOTION for Protective Order filed by Prison Legal News . (Attachments: # 1 Exhibit A)(Kelly, Sean) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

52

RESPONSE to 42 Sur−Reply to Reply to Response to Motion for Preliminary Injunction filed by Prison Legal News . (Attachments: # 1 Exhibit A)(Kelly, Sean) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

54

Joint MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Deadlines for Expert Deposition by Prison Legal News. (Attachments: # 1 Text of Proposed Order Proposed Order)(Wilson, Marissa) (Additional attachment(s) added on 9/24/2013: # 2 REVISED ORDER) (ch, ). (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

55

Unopposed MOTION to Continue Trial Setting by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Text of Proposed Order)(Weiland, Stephen) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

56

ORDER granting 54 Motion for Extension of Time to Complete Discovery. Signed by Judge Rodney Gilstrap on 9/24/2013. (ch, ) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

57

NOTICE of Attorney Appearance by Marissa Anne Wilson on behalf of Prison Legal News (Wilson, Marissa) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

58

Joint MOTION to Continue Deadlines by Anthony Betterton, Jill McCauley, Prison Legal News, Upshur County. (Attachments: # 1 Text of Proposed Order)(Weiland, Stephen) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

59

MEMORANDUM OPINION AND ORDER granting in part and denying in part 2 Motion for Preliminary Injunction. Signed by Judge Rodney Gilstrap on 9/30/13. (mrm, ) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

60

AMENDED DOCKET CONTROL ORDER − Motions in limine due by 11/14/2013., Proposed Pretrial Order due by 11/14/2013., Jury Selection set for 12/9/2013 09:00AM before Judge Rodney Gilstrap., Pretrial Conference set for 11/26/2013 01:30 PM before Judge Rodney Gilstrap. Signed by Judge Rodney Gilstrap on 9/30/2013. (ch, ) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

61

ORDER denying 55 Motion to Continue; denying 58 Motion to Continue. Parites will follow the schedule set forth in the Amended Docket Control Order. Signed by Judge Rodney Gilstrap on 10/1/2013. (ch, ) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

62

NOTICE of Discovery Disclosure by Prison Legal News (Kelly, Sean) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

63

MOTION for Reconsideration re 61 Order on Motion to Continue, and Motion to Extend Deadlines by Anthony Betterton, Jill McCauley. (Attachments: # 1 Exhibit A−B, # 2 Text of Proposed Order)(Weiland, Stephen) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

64

Trial Witness List by Prison Legal News. (Kelly, Sean) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

65

Emergency MOTION for Discovery Deadline Extension for Court−Ordered Depositions by Prison Legal News. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

Oct. 3, 2013

Oct. 3, 2013

67

NOTICE of Discovery Disclosure by Anthony Betterton, Jill McCauley, Upshur County (Hawkins, Robert) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

68

AMENDED ANSWER to Plaintiff's 5 Amended Complaint by Anthony Betterton, Jill McCauley, Upshur County. (Weiland, Stephen) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

69

AMENDED COMPLAINT against All Defendants, filed by Prison Legal News.(Kelly, Sean) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

70

NOTICE by Prison Legal News re 65 Emergency MOTION for Discovery Deadline Extension for Court−Ordered Depositions (McCoy, Kimberly) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

NOTICE of Hearing on Motions 63 Motion for Reconsideration re 61 Order on Motion to Continue and Motion to Extend Deadlines, 65 Emergency Motion for Discovery Deadline Extension for Court−Ordered Depositions : Telephonic Motion Hearing set for 10/11/2013 09:00 AM before Judge Rodney Gilstrap. The Court's conference number is (903) 938−8452. ***The parties are to contact the Court AFTER all parties have joined the call.***(jml) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

71

MOTION To Exclude Plaintiff's Expert Witnesses by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Exhibit A−B, # 2 Text of Proposed Order)(Weiland, Stephen) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

72

MOTION for Summary Judgment and Permanent Injunction with Memorandum in Support by Prison Legal News. (Attachments: # 1 Exhibit A − Wright Declaration, # 2 Exhibit A−1 − September 2013 PLN, # 3 Exhibit A−2 − Returned Mail, # 4 Exhibit A−3 − Inmate Declarations, # 5 Exhibit A−4 − Upshur County Mail Policy, # 6 Exhibit A−5 − Upshur County Handbook, # 7 Exhibit A−6 Prisoner Correspondence, # 8 Exhibit B − McCoy Declaration, # 9 Exhibit B−1 − Deposition of Upshur County, # 10 Exhibit B−2 − Deposition of Jill McCauley, # 11 Exhibit B−3 − Declaration of Jill McCauley, # 12 Exhibit B−4 − Sept 2013 Correspondence Plan, # 13 Exhibit B−5 − July 2011 Email Larsen to McCauley, # 14 Text of Proposed Order Proposed Order)(Leatherbury, Thomas) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

73

MOTION for Partial Summary Judgment and Brief in Support by Anthony Betterton, Jill McCauley. Responses due by 10/31/2013 (Attachments: # 1 Exhibit A−K, # 2 Text of Proposed Order)(Weiland, Stephen) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

74

***DEFICIENT DOCUMENT. PLEASE IGNORE.*** MOTION to Withdraw as Attorney Scott Medlock by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Medlock, Scott) Modified on 10/11/2013 (ch, ). (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

NOTICE of Deficiency regarding the 74 submitted NO CERTIFICATE OF CONFERENCE. Correction should be made by one business day. MOTION HAS BEEN TERMINATED. (ch, ) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

75

MOTION to Withdraw as Attorney Scott Medlock by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Medlock, Scott) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

76

ORDER granting 75 Motion to Withdraw as Attorney. Attorney Scott Medlock terminated. Signed by Judge Rodney Gilstrap on 10/11/2013. (ch, ) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

Minute Entry for proceedings held before Judge Rodney Gilstrap: Telephonic Motions Hearing held on 10/11/2013 re 65 Emergency Motion for Discovery Deadline Extension for Court−Ordered Depositions 63 Motion for Reconsideration re 61 Order on Motion to Continue, and Motion to Extend Deadlines. Parties are to meet and confer regarding a new schedule that includes a January 13, 2014 Jury Selection date and submit a proposed schedule within 7 days. (Court Reporter

Oct. 11, 2013

Oct. 11, 2013

78

MOTION to Compel Production by Prison Legal News. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Kelly, Sean) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

79

Amended MOTION to Compel Production by Prison Legal News. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Kelly, Sean) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

80

Joint MOTION to Amend/Correct 60 Order, Set Deadlines/Hearings,, by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Wilson, Marissa) (Additional attachment(s) added on 10/21/2013: # 2 REVISED ORDER) (ch, ). (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

81

MOTION Joint Motion to Request Mediation Before U.S. Magistrate Judge Roy Payne by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Wilson, Marissa) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

82

AMENDED DOCKET CONTROL ORDER − Motions due by 12/20/2013., Proposed Pretrial Order due by 12/20/2013., Jury Selection set for 1/13/2014 09:00AM before Judge Rodney Gilstrap., Jury Trial set for 1/13/2014 09:00 AM before Judge Rodney Gilstrap. Signed by Judge Rodney Gilstrap on 10/21/2013. (ch, ) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

83

ORDER denying 63 Motion for Reconsideration ; denying 65 Motion for Discovery. Signed by Judge Rodney Gilstrap on 10/22/2013. (ch, ) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

84

ORDER REFERRING CASE to Mediator Judge Payne, granting 81 MOTION Joint to Request Mediation before the US Magistrate Judge. Signed by Judge Rodney Gilstrap on 10/22/2013. (ch, ) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

85

MOTION for Protective Order and Brief in Support by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Text of Proposed Order)(Grigson, Joanna) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

86

RESPONSE in Opposition re 85 MOTION for Protective Order and Brief in Support filed by Prison Legal News . (McCoy, Kimberly) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

87

NOTICE by Prison Legal News re 79 Amended MOTION to Compel Production Notice of Withdrawal of Motion to Compel Production of Insurance Agreements (McCoy, Kimberly) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

88

ORDER denying 85 Motion for Protective Order. Defendants shall produce Sheriff Betterton for deposition on October 30, 2013, at 9:00 AM as presently scheduled. Signed by Judge Rodney Gilstrap on 10/28/13. (mrm, ) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

89

ORDER SCHEDULING MEDIATION CONFERENCE − Mediation Conference set for 11/6/2013 01:00 PM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 10/30/2013. (ch, ) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

90

NOTICE of Settlement by Prison Legal News (Wilson, Marissa) Modified on 10/30/2013 (sm, ). (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

NOTICE that the mediation set for November 6, 2013 is CANCELLED. (bga, ) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

91

Joint MOTION to Stay / Abate by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Wilson, Marissa) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

92

NOTICE of Advisory regarding office fire by Prison Legal News (McGiverin, Brian) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

94

Joint MOTION for Extension of Time to File Agreed Judgment by Anthony Betterton, Jill McCauley, Upshur County. (Attachments: # 1 Text of Proposed Order)(Weiland, Stephen) (Entered: 12/04/2013)

Dec. 4, 2013

Dec. 4, 2013

95

ORDER granting 94 Motion for Extension of Time to File An Agreed Judgment. Signed by Judge Rodney Gilstrap on 12/5/2013. (ch, ) (Entered: 12/06/2013)

Dec. 6, 2013

Dec. 6, 2013

96

Proposed Agreed Judgment . (Attachments: # 1 Exhibit A)(Weiland, Stephen) (Entered: 12/06/2013)

Dec. 6, 2013

Dec. 6, 2013

97

NOTICE of Settlement Joint Notice of Executed Settlement Agreement by Anthony Betterton, Jill McCauley, Prison Legal News, Upshur County (Wilson, Marissa) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 9, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Monthly publication about criminal justice matters, addressed to prisoners nationwide.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Upshur County Jail (Upshur), County

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

General:

Mail

Type of Facility:

Government-run