Case: Prison Legal News v. Babeu

2:11-cv-01761 | U.S. District Court for the District of Arizona

Filed Date: Sept. 7, 2011

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On September 7, 2011, Prison Legal News (PLN), a publisher that publishes magazines and other material concerning criminal justice issues, filed a lawsuit in the U.S. District of Arizona against Pinal County, the Sheriff of Pinal County in his official capacity, and twenty unknown county agents in their individual capacity under 42 U.S.C. § 1983 and the Arizona Constitution. Plaintiffs, represented by the American Civil Liberties Union, claimed that defendants had adopted and implemented mail p…

On September 7, 2011, Prison Legal News (PLN), a publisher that publishes magazines and other material concerning criminal justice issues, filed a lawsuit in the U.S. District of Arizona against Pinal County, the Sheriff of Pinal County in his official capacity, and twenty unknown county agents in their individual capacity under 42 U.S.C. § 1983 and the Arizona Constitution. Plaintiffs, represented by the American Civil Liberties Union, claimed that defendants had adopted and implemented mail policies and practices that restricted the right to free expression held by PLN and its subscribers as protected by the United States and Arizona Constitutions. Plaintiffs sought declaratory relief, preliminary and permanent injunctive relief, and damages.

Specifically, PLN argued that, on dozens of occasions, defendants had prohibited subscribers and correspondents from receiving mail sent by PLN. PLN argued that defendants had undertaken this suppression of speech without any reference to, or justification in, safety concerns or other correctional necessities. These actions violated PLN's freedom of speech, press, and association under the First Amendment and its right to due process of law and equal protection under the Fourteenth Amendment of the U.S. Constitution and Article II, Sections 4 and 6 of the Arizona Constitution.

On March 11, 2012, PLN filed an amended complaint naming as defendants numerous county agents who had engaged in handling and processing inmate mail. These agents were variably named in their individual or individual and official capacities as Pinal County sergeants.

On July 6, 2012, PLN filed a motion for partial summary judgment, permanent injunction, and declaratory judgment. On August 15, 2012, defendants filed a cross-motion for partial summary judgment. On March 20, 2013, District Court Judge G. Murray Snow granted in part, denied in part, and deferred in part all pending motions. Prison Legal News v. Babeu, 933 F. Supp. 2d 1188 (D. Ariz. 2013). The court denied PLN's request for a permanent injunction that it may send materials into jail and have it received by addressees because of the deference to which prison officials are entitled. The court noted that PLN could easily change their materials in a way that they might come to pose security or management concerns. The court also ruled that the defendants' following policies violated the due process clause: (1) banning newspapers or magazines, (2) allowing publications only from four specific retailers, and (3) failing to provide notice of rejection and an opportunity to appeal. It did not address defendants' publisher-only rule at this time.

On May 1, 2013, District Court Judge Snow addressed the remaining portion of PLN's motion for permanent injunction on the issue of the jail's publisher-only rule. Under this rule, the jail would only admit materials that came directly from a recognized publisher, distributor, or authorized retailers that could be independently verified. The court ruled that because the jail was no longer applying this rule on an ad hoc basis but rather had established a written policy, as well as a training and review process for mailroom staff, PLN had failed to show that its materials were likely to be denied.

On September 19, 2014, the parties filed a stipulation for entry of judgment for nominal damages. The parties further stipulated that they would attempt to resolve PLN's claims for attorney's fees and costs under 42 USC §1988, and Defendants' claims for taxable costs pursuant to Rule 68 Fed.R.Civ.P. by stipulation. On September 23, 2014, District Court Judge Snow granted the parties' stipulation and awarded PLN nominal damages in the amount of $243. On December 16, 2014, the Court dismissed the case with prejudice after the parties informally reached an undisclosed agreement with respect to attorneys' fees and costs. The case is now closed.

Summary Authors

Richard Jolly (10/28/2014)

Eva Richardson (1/13/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4133451/parties/prison-legal-news-v-babeu/


Judge(s)

Alarcón, Arthur Lawrence (California)

Humetewa, Diane Joyce (Arizona)

Ikuta, Sandra Segal (California)

Snow, G. Murray (Arizona)

Tallman, Richard C. (Washington)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Mehta, Leslie Chambers (California)

Pochoda, Daniel Joseph (Arizona)

Thompson, Blake (California)

Walczak, Kenneth M. (California)

Judge(s)

Alarcón, Arthur Lawrence (California)

Humetewa, Diane Joyce (Arizona)

Ikuta, Sandra Segal (California)

Snow, G. Murray (Arizona)

Tallman, Richard C. (Washington)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Mehta, Leslie Chambers (California)

Pochoda, Daniel Joseph (Arizona)

Thompson, Blake (California)

Walczak, Kenneth M. (California)

Weber, Lance (Vermont)

Attorneys(s) for Defendant

GilBride, Eileen Dennis (Arizona)

Iafrate, Michele Marie (Arizona)

Molinario, Michele (Arizona)

Staton, Georgia (Arizona)

Documents in the Clearinghouse

Document

2:11-cv-01761

Docket

Dec. 16, 2014

Dec. 16, 2014

Docket
44

2:11-cv-01761

First Amended Complaint For Damages And Declaratory And Injunctive Relief For Violations Of 42 U.S.C. § 1983 – First Amendment Freedom Of Speech And Freedom Of The Press And Due Process Of Law – And Violations Of The Arizona Constitution

March 11, 2012

March 11, 2012

Complaint
143

2:11-cv-01761

Order

933 F.Supp.2d 1188

March 19, 2013

March 19, 2013

Order/Opinion
150

2:11-cv-01761

Order

2013 WL 1832080

May 1, 2013

May 1, 2013

Order/Opinion

13-15965

Memorandum [Affirming District Court's Order]

U. S. Court of Appeals for the Ninth Circuit

552 Fed.Appx. 747

Jan. 22, 2014

Jan. 22, 2014

Order/Opinion
200

2:11-cv-01761

Amended Stipulation for Entry of Judgment for Nominal Damages

Sept. 19, 2014

Sept. 19, 2014

Settlement Agreement
201

2:11-cv-01761

Order

Sept. 23, 2014

Sept. 23, 2014

Order/Opinion
202

2:11-cv-01761

Judgment

Sept. 23, 2014

Sept. 23, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4133451/prison-legal-news-v-babeu/

Last updated Aug. 5, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-5784285, filed by Prison Legal News (submitted by Daniel Pochoda). (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 09/07/2011)

1 Civil Cover Sheet

View on PACER

Sept. 7, 2011

Sept. 7, 2011

PACER
2

SUMMONS Submitted by Prison Legal News (submitted by Daniel Pochoda). (Attachments: # 1 Summons)(REK) (Entered: 09/07/2011)

1 Summons

View on PACER

Sept. 7, 2011

Sept. 7, 2011

PACER
3

Filing fee paid, receipt number PHX 0970-5784285. This case has been assigned to the Honorable G. Murray Snow. All future pleadings or documents should bear the correct case number: CV 11-01761-PHX-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
4

Corporate Disclosure Statement by Prison Legal News (submitted by Daniel Pochoda). (REK) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
5

Summons Issued as to Paul Babeu, Pinal, County of. (Attachments: # 1 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/07/2011)

1 Summons

View on PACER

Sept. 7, 2011

Sept. 7, 2011

PACER
6

*Summons Returned Executed by Prison Legal News Paul Babeu served on 09/08/11 (Pochoda, Daniel) Modified on 9/16/2011 *Entry modified from "certificate of service" (ESL). (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
7

AFFIDAVIT of Service for Summons, Complaint served on Pinal County on 9/8/2011, filed by Prison Legal News. (Pochoda, Daniel) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
8

MOTION for Admission Pro Hac Vice as to attorney Lance T Weber on behalf of Prison Legal News. (BAS) (Entered: 09/16/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
9

ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
10

MOTION for Admission Pro Hac Vice as to attorney Kenneth M Walczak on behalf of Prison Legal News. (BAS) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
11

MOTION for Admission Pro Hac Vice as to attorney Ernest Galvan on behalf of Prison Legal News. (BAS) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
12

MOTION for Admission Pro Hac Vice as to attorney Kenneth M Walczak on behalf of Prison Legal News. (BAS) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
13

ORDER pursuant to General Order 09-08 granting 10 Motion for Admission Pro Hac Vice; granting 11 Motion for Admission Pro Hac Vice; terminating 12 Motion for Admission Pro Hac Vice (duplicate of docket 10). Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
14

NOTICE of Appearance by Michele Marie Iafrate on behalf of Paul R Babeu, Pinal, County of (Iafrate, Michele) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
15

Joint MOTION for Extension of Time to File Answer (First Request) by Prison Legal News. (Walczak, Kenneth) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
16

ORDER, granting the Motion 15 and extending the time in which Defendants may file an answer to the Complaint, to and including, November 28, 2011. No further extensions shall be granted absent good cause. Signed by Judge G Murray Snow on 10/3/2011.(KMG) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
17

*MOTION to Substitute Attorney: Attorney Georgia A. Staton appearing for Paul R Babeu, Pinal, County of. (Attachments: # 1 Exhibit 1 and 2, # 2 Text of Proposed Order)(Staton, Georgia) *Entry modified on 11/22/2011 from "Notice of Attorney Substitution" to "MOTION to Substitute Attorney." (KMG). (Entered: 11/21/2011)

1 Exhibit 1 and 2

View on PACER

2 Text of Proposed Order

View on PACER

Nov. 21, 2011

Nov. 21, 2011

PACER
18

ORDER re 17 Notice (Motion) of Substitution of Counsel, substituting Georgia A. Staton of the law firm of Jones, Skelton & Hochuli, P.L.C. as counsel for Defendants Paul Babeu and Pinal County, in the place and stead of Michele Iafrate of IAFRATE & ASSOCIATES, 649 North 2nd Avenue, Phoenix, Arizona 85003. Signed by Judge G Murray Snow on 11/22/11.(ESL) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
19

ANSWER to 1 Complaint with Jury Demand by Paul R Babeu, Pinal, County of.(Staton, Georgia) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
20

DEMAND for Trial by Jury by Paul R Babeu, Pinal, County of. (Staton, Georgia) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
21

NOTICE re Service of Defendants' Offer of Judgment to Plaintiff by Paul R Babeu, Pinal, County of . (Staton, Georgia) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
22

ORDER Setting Rule 16 Case Management Conference for 1/13/2012 at 08:30 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow (see order for complete details). Signed by Judge G Murray Snow on 11/22/11. (REW) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
23

NOTICE re Service of Defendants' Offer of Judgment dated December 19, 2011 by Paul R Babeu, Pinal, County of . (Staton, Georgia) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
24

REPORT of Rule 26(f) Planning Meeting by Paul R Babeu, Pinal, County of. (Staton, Georgia) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
25

IT IS ORDERED that the Scheduling Conference, presently set for 1/13/12 at 8:30 a.m. before Judge Snow is VACATED. A Case Managment Order will follow. Ordered by Judge G Murray Snow.(ADG)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
26

CASE MANAGEMENT ORDER: Discovery due by 6/8/2012. Dispositive motions due by 11/21/2012. (See Order for full details). Signed by Judge G Murray Snow on 12/21/2011. (KFZ) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
27

NOTICE re Service of Defendants' Initial Disclosure Statement by Paul R Babeu, Pinal, County of . (Staton, Georgia) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
28

NOTICE re of Service of Plaintiff's Initial Disclosures by Prison Legal News . (Walczak, Kenneth) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
29

NOTICE re Service of Defendants' Discovery to Plaintiff by Paul R Babeu, Pinal, County of . (Staton, Georgia) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

PACER
30

NOTICE re Notice of Service of Plaintiff's Discovery to Defendants by Prison Legal News . (Galvan, Ernest) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
31

NOTICE re Notice of Association of Counsel by Paul R Babeu, Pinal, County of . (Molinario, Michele) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

PACER
32

NOTICE re Service of Defendants' Partial Responses to Plaintiff's Non-Uniform Interrogatories 1 through 8 by Paul R Babeu, Pinal, County of . (Staton, Georgia) (Entered: 02/14/2012)

Feb. 14, 2012

Feb. 14, 2012

PACER
33

*First MOTION to Amend/Correct Motion for Leave to Amend Complaint by Prison Legal News. (Walczak, Kenneth) *Modified to reflect that the strike out verison of the amended complaint is attached to (Doc. 34) on 2/21/2012 (TLJ). (Entered: 02/20/2012)

Feb. 20, 2012

Feb. 20, 2012

PACER
34

DECLARATION of Kenneth M. Walczak re 33 First MOTION to Amend/Correct Motion for Leave to Amend Complaint by Plaintiff Prison Legal News. (Walczak, Kenneth) (Entered: 02/20/2012)

Feb. 20, 2012

Feb. 20, 2012

PACER
35

*Additional Attachment to Main Document (Proposed Order) re: 33 First MOTION to Amend/Correct Motion for Leave to Amend Complaint Proposed Order Granting Leave to Amend by Prison Legal News. (Walczak, Kenneth) *Modified to correct event type on 2/21/2012 (TLJ). (Entered: 02/20/2012)

Feb. 20, 2012

Feb. 20, 2012

PACER
36

RESPONSE to Motion re 33 First MOTION to Amend/Correct Motion for Leave to Amend Complaint filed by Paul R Babeu, Pinal, County of. (Staton, Georgia) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
37

ORDER granting 33 Motion to Amend/Correct: Plaintiff shall file and serve the First Amended Complaint on all parties under Rule 5 of the Federal Rules of Civil Procedure within fourteen (14) days of the date of this Order. Within sixty (60) days after the First Amended Complaint is filed, Defendants shall file their Answer to the First Amended Complaint. Signed by Judge G Murray Snow on 2/27/12.(SJF) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
38

*JOINT MOTION for Reference to Magistrate Judge by Paul R Babeu, Pinal, County of. (Staton, Georgia) *Modified on 3/2/2012 to Change from Report to Motion (MAP)*. (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
39

ORDER that this matter is referred to United States Magistrate Judge Michelle H. Burns for a settlement conference re: pursuant to 38 the parties' Joint Motion for Reference to Magistrate Judge for Mediation. Signed by Judge G Murray Snow on 3/2/12.(TLJ) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
40

NOTICE re of Service of Defendants Second Request for Production by Paul R Babeu, Pinal, County of . (Molinario, Michele) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
41

NOTICE re service of Plaintiff's Discovery Responses by Prison Legal News . (Galvan, Ernest) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
42

NOTICE re Notice of Service of Defendants Response to Plaintiff's NUI and RFP by Paul R Babeu, Pinal, County of . (Molinario, Michele) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
43

SETTLEMENT CONFERENCE ORDER - All parties and their counsel who are responsible for the case SHALL physically appear before the undersigned Settlement Judge, Courtroom 303, Sandra Day O'Connor U. S. Courthouse, 401 West Washington, Phoenix, Arizona on 04/05/12 at 9:30 a.m.. Signed by Magistrate Judge Michelle H Burns on 03/09/12. (See attached pdf for complete details) (ESL) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
44

AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Prison Legal News.(Walczak, Kenneth) (Entered: 03/11/2012)

March 11, 2012

March 11, 2012

PACER
45

WAIVER OF SERVICE Returned Executed by James Kimble, Alyssa Romero, Laurenda Hensley-Salisberry, Frances Hawkins, Amado Martinez, Paul R Babeu, Tonya Delgado, Dennis Rushing, Dalton Gay, David Linderholm, Matthew Hull, John Johnston, Michele McNeely, Terry Johnson, Lauren McVicker, Dena Kelly, Unknown Parties, Vernita Gant, Loretta Valdez, Pinal, County of, Erica Chavez, Darren Rushing, Ruben Montano, Cheryl McBirnie, Gilbert Hoyos, Leonard Arnold, Jayme Valenzuela. All Defendants. (Staton, Georgia) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
46

NOTICE re Noticer of Service of Discovery to Plaintiff by Paul R Babeu, Pinal, County of Arizona. (Staton, Georgia) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
47

Minute Order. Proceedings held before Magistrate Judge Michelle H Burns: Settlement Conference held on 4/5/2012. Present were: Ernest Galvan, attorney for and with plaintiff; Georgia Staton, attorney for defendants. A court reporter was not present. The settlement conference was not recorded and settlement was not reached. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHB,emc) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
48

BRIEF Re Depo of Sheriff by Plaintiff Prison Legal News. (Galvan, Ernest) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

PACER
49

DECLARATION of Ernest Galvan re 48 Brief (Non Appeal) re Depo of Sheriff by Plaintiff Prison Legal News. (Attachments: # 1 Exhibit)(Galvan, Ernest) (Entered: 04/13/2012)

1 Exhibit

View on PACER

April 13, 2012

April 13, 2012

PACER
50

MEMORANDUM OF LAW RE APEX DOCTRINE AND ITS APPLICABILITY TO SHERIFF BABEU by Defendants Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela. (Attachments: # 1 Exhibit)(Molinario, Michele) (Entered: 04/13/2012)

1 Exhibit

View on PACER

April 13, 2012

April 13, 2012

PACER
51

ANSWER to 44 Amended Complaint by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Lauren McVicker, Ruben Montano, Pinal, County of, Prison Legal News, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela.(Molinario, Michele) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
52

NOTICE re Service by Prison Legal News Plaintiff's Response to Defendants' 2nd RFPD. (Galvan, Ernest) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
53

NOTICE re Service by Prison Legal News Plaintiff's Discovery for Defs Paul Babeu and Pinal County. (Galvan, Ernest) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
54

MOTION for Admission Pro Hac Vice as to attorney Leslie C Mehta on behalf of Prison Legal News. (BAS) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
55

MOTION for Admission Pro Hac Vice as to attorney Robert B Thompson on behalf of Prison Legal News. (BAS) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
56

ORDER pursuant to General Order 09-08 granting 54 Motion for Admission Pro Hac Vice; granting 55 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
57

ORDER. The Court after having considered the submissions of the parties at Docs. 48-50 determines that, while Plaintiff may take the deposition of Sheriff Babeu if it wishes to do so, based upon the representations made by Sheriff Babeu in the affidavit in doc. 50, and to which he will be bound in this litigation, Plaintiff is required to first take the deposition of Deputy Chief James Kimble. Signed by Judge G Murray Snow on April 17, 2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMS) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
58

NOTICE re Service by Prison Legal News Notice and Amended Notice of Deposition. (Galvan, Ernest) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
59

NOTICE re Service by Prison Legal News Plaintiff's Set One Special Interrogatories to Defendants. (Thompson, Blake) (Entered: 04/24/2012)

April 24, 2012

April 24, 2012

PACER
60

NOTICE re Service by Prison Legal News Plaintiff's Set One Request for Production of Documents to Defendants. (Thompson, Blake) (Entered: 04/24/2012)

April 24, 2012

April 24, 2012

PACER
61

NOTICE re Service by Prison Legal News Plaintiff's Discovery, Discovery Responses and Deposition Notices. (Thompson, Blake) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
62

* NOTICE of Deposition of Prison Legal News, filed by Paul R Babeau, Pinal, County of (Molinario, Michele) * Modified to correct filers on 5/16/2012 (LAD). (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
63

* NOTICE of Deposition of Paul Wright, filed by Paul R Babeu, Pinal, County of. (Molinario, Michele) * Modified to correct filers on 5/16/2012 (LAD). (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
64

* NOTICE of Deposition of Rule 30(b) Prison Legal News, filed by Paul R Babeu, Pinal County of. (Molinario, Michele) * Modified to reflect correct filers on 5/17/2012 (LAD). (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
65

* NOTICE of Deposition of Paul Wright (Amended), filed by Paul R Babeau, Pinal, County of. (Molinario, Michele) * Modified to reflect correct filers on 5/17/2012 (LAD). (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
66

NOTICE re Service by Prison Legal News Notices of Depositions David Linderholm and Leonard Arnold. (Thompson, Blake) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
67

NOTICE re Service of Supplemental Disclosure and First Supplemental Response to RFP by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela . (Molinario, Michele) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
68

NOTICE re of Service of Defendants Response to Plaintiff's First RFA by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela . (Molinario, Michele) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
69

NOTICE re Service by Prison Legal News Notices of Deposition. (Galvan, Ernest) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
70

NOTICE re Service by Prison Legal News Plaintiff's Supplemental Response to Defendants' 2nd Set Non-Uniform Interrogatories. (Galvan, Ernest) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
71

NOTICE re Service of Defendants' Responses to Plaintiff's First Set of NUIS to Defendant Pinal County and Responses to Plaintiff's 2nd RFP to Defendants by Paul R Babeu, Pinal, County of . (Staton, Georgia) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
72

NOTICE re of Service of First Request for Production and Special Interrogatories by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela . (Molinario, Michele) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
73

NOTICE re Service by Prison Legal News Plaintiff's Supplemental Production of Responsive Documents. (Galvan, Ernest) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
74

NOTICE re Service by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela . (Molinario, Michele) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
75

STIPULATION to Extend Time to Resolve Discovery Disputes by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Galvan, Ernest) (Entered: 06/04/2012)

1 Text of Proposed Order

View on PACER

June 4, 2012

June 4, 2012

PACER
76

NOTICE re Service by Prison Legal News Plaintiff's Supplemental Responses and Production of Documents. (Galvan, Ernest) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
77

ORDER pursuant to the Parties' 75 Stipulation; extending the Discovery Deadline to resolve any remaining disputes, to and including, 6/22/12; all other deadlines in the Case Management Order 26 shall remain the same. Signed by Judge G Murray Snow on 6/5/12. (REW) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
78

* NOTICE of Service of Discovery by Paul R Babeu and Pinal, County of. (Molinario, Michele) * Modified to correct filers on 6/11/2012 (LAD). (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
79

NOTICE re of Service by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela . (Molinario, Michele) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
80

NOTICE re Service of Defendants Expert Disclosure Statement by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela . (Molinario, Michele) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
81

NOTICE re of Service of Def. 5th Supplemental Disclosure Statement by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez . (Molinario, Michele) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
82

NOTICE re Service by Prison Legal News Plaintiff's Expert Disclosure and Third Supplemental Response. (Thompson, Blake) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
83

ORDER. The Court met with the parties this afternoon on certain items of disputed discovery. After discussion with the parties, Plaintiff shall provide a privilege log indicating the privileged documents that it reviewed in reconstructing the financial damages it seeks in this case. It has thirty days in which to do so. Defendant shall review and provide, in a redacted form if necessary, the County's communications with non-attorneys in which the County policy was discussed. If the Defendant believes that there is a deliberative process privilege in both state and federal law that would prevent such disclosure, it has until June 27 to file a three page document with the court to that effect. Plaintiff has until July 5 to file a three page response. Defendant need not research the two backup tapes for documents as requested by the Plaintiff. Signed by Judge G Murray Snow on June 21, 2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMS) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
84

NOTICE re of Service by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela . (Molinario, Michele) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
85

MOTION for Partial Summary Judgment, MOTION for Permanent Injunction, MOTION for Declaratory Judgment by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Galvan, Ernest) (Entered: 07/06/2012)

1 Text of Proposed Order

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July 6, 2012

July 6, 2012

PACER
86

MEMORANDUM of Points and Authorities in Support of 85 MOTION for Partial Summary Judgment MOTION for Permanent Injunction MOTION for Declaratory Judgment by Plaintiff Prison Legal News. (Galvan, Ernest) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

RECAP
87

STATEMENT of Undisputed Facts In Support of Plaintiff's Motion for Partial Summary Judgment by Plaintiff Prison Legal News. (Galvan, Ernest) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
88

DECLARATION of Ernest Galvan re 85 MOTION for Partial Summary Judgment, MOTION for Permanent Injunction, MOTION for Declaratory Judgment by Plaintiff Prison Legal News. (Attachments: # 1 Exhibit Index and Exhibits A-J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibits M-N, # 5 Exhibits O-Q, # 6 Exhibits R-S, # 7 Exhibits T-V, # 8 Exhibits W-CC, # 9 Exihibits DD-GG)(Galvan, Ernest) (Entered: 07/06/2012)

1 Exhibit Index and Exhibits A-J

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2 Exhibit K

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3 Exhibit L

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4 Exhibits M-N

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5 Exhibits O-Q

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6 Exhibits R-S

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7 Exhibits T-V

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8 Exhibits W-CC

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9 Exihibits DD-GG

View on PACER

July 6, 2012

July 6, 2012

PACER
89

DECLARATION of Paul Wright re 85 MOTION for Partial Summary Judgment MOTION for Permanent Injunction MOTION for Declaratory Judgment by Plaintiff Prison Legal News. (Attachments: # 1 Exhibit Index and Exhibits A-F)(Galvan, Ernest) (Entered: 07/06/2012)

1 Exhibit Index and Exhibits A-F

View on PACER

July 6, 2012

July 6, 2012

PACER
90

NOTICE re of Service by Prison Legal News re 85 MOTION for Partial Summary Judgment MOTION for Permanent Injunction MOTION for Declaratory Judgment . (Galvan, Ernest) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
91

NOTICE re Service of Defendants' Sixth Supplemental Disclosure Statement and Fourth and Fifth Supplemental Responses to Plaintiff's First Request for Production of Documents by Paul R Babeu, Pinal, County of . (Staton, Georgia) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
92

REPORT of Joint Settlement Talks by Plaintiff Prison Legal News. (Galvan, Ernest) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
93

NOTICE re Service by Prison Legal News . (Thompson, Blake) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
94

NOTICE re Service by Prison Legal News . (Thompson, Blake) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER
95

STIPULATION re 85 MOTION for Partial Summary Judgment MOTION for Permanent Injunction MOTION for Declaratory Judgment, 86 Memorandum (Stipulation and Request for Extension of Time to File Summary Judgment Response and Reply) by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela. (GilBride, Eileen) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
96

ORDER granting 95 Stipulation. Defendants' Response to the Motion for Partial Summary Judgment 85 is extended to and including, August 13, 2012. Plaintiff's Reply in support of its Motion for Partial Summary Judgment shall be due on or before September 10, 2012. Signed by Judge G Murray Snow on 8/8/2012. (KFZ) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
97

*MOTION re: Request for Enlargement of Page Limit by Defendants Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela. (Attachments: # 1 Text of Proposed Order)(GilBride, Eileen) *Modified to motion type on 8/14/2012 (TLJ). (Entered: 08/13/2012)

1 Text of Proposed Order

View on PACER

Aug. 13, 2012

Aug. 13, 2012

PACER
98

*LODGED Proposed Defendants' Response to Plaintiff's Motion for Summary Judgment and Cross-Motion for Partial Summary Judgment re 97 . Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela. (GilBride, Eileen) *Modified to link to document on 8/14/2012 (TLJ). (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
99

*LODGED Proposed Defendants' Responses and Objections to Plaintiff's Statement of Facts and Defendants' Separate Statement of Facts re 97 . Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Leonard Arnold, Paul R Babeu, Erica Chavez, Tonya Delgado, Vernita Gant, Dalton Gay, Frances Hawkins, Laurenda Hensley-Salisberry, Gilbert Hoyos, Matthew Hull, Terry Johnson, John Johnston, Dena Kelly, James Kimble, David Linderholm, Amado Martinez, Cheryl McBirnie, Michele McNeely, Lauren McVicker, Ruben Montano, Pinal, County of, Alyssa Romero, Darren Rushing, Dennis Rushing, Unknown Parties, Loretta Valdez, Jayme Valenzuela. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-K)(GilBride, Eileen) *Modified to link to document on 8/14/2012 (TLJ). (Entered: 08/13/2012)

1 Exhibit A-E

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2 Exhibit F-K

View on PACER

Aug. 13, 2012

Aug. 13, 2012

PACER
100

ORDER granting 97 Defendants' Request for Enlargement of Page Limit. ORDER directing the Clerk of Court to file Defendants' lodged Response to Plaintiff's Motion for Partial Summary Judgment and Cross-Motion for Partial Summary Judgment 98 and Defendants' lodged Responses and Objections to Plaintiff's Statement of Facts and Separate Statement of Facts 99 . Signed by Judge G Murray Snow on 8/14/12.(TLJ) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 7, 2011

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A publisher that publishes magazines and material concerning criminal justice issues

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sheriff of Pinal County (Pinal), County

County of Pinal (Pinal), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $243

Content of Injunction:

Preliminary relief granted

Issues

General:

Mail

TTY/Close Captioning/Videophone/etc.

Type of Facility:

Government-run