Case: New Times v. Suthers

1:00-cv-00612 | U.S. District Court for the District of Colorado

Filed Date: March 22, 2000

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On March 22, 2000, publishing companies and inmates in the Colorado Department of Corrections (DOC) filed a lawsuit in the U.S. District Court for the District of Colorado under 42 U.S.C. § 1983 against the DOC. The plaintiffs, represented by private counsel and the ACLU, asked the court for relief, claiming that the DOC violated the plaintiffs' rights under the First and Fourteenth Amendments to the U.S. Constitution. Specifically, the plaintiffs claimed that the DOC arbitrarily and unjustifia…

On March 22, 2000, publishing companies and inmates in the Colorado Department of Corrections (DOC) filed a lawsuit in the U.S. District Court for the District of Colorado under 42 U.S.C. § 1983 against the DOC. The plaintiffs, represented by private counsel and the ACLU, asked the court for relief, claiming that the DOC violated the plaintiffs' rights under the First and Fourteenth Amendments to the U.S. Constitution. Specifically, the plaintiffs claimed that the DOC arbitrarily and unjustifiably censored incoming magazines, newsletters, books, and other reading material directed to the inmate plaintiffs based upon content.

On August 10, 2004, the parties reached a settlement agreement in which the DOC agreed to stop improperly censoring reading materials and to train staff on the proper review policies. On August 18, 2004, Judge Phillip S. Figa approved settlement agreement and retained jurisdiction to enforce it. Judge Figa also awarded the plaintiffs reasonable attorney's fees and costs pursuant to 42 U.S.C. § 1983.

On May 13, 2005, the parties entered a stipulation for order amending the settlement agreement extending the monitoring period to November 10, 2006, and reporting through March 31, 2007. On May 17, 2005, Judge Figa accepted the amendments to the settlement agreement.

The DOC continued to make changes to its policies regarding access to reading material and submitted those changes to the court. Specifically, on August 20, 2007, the DOC implemented an administrative regulation adjustment to library services and access to those services. In addition, on February 19, 2008, the DOC implemented an administrative regulation adjustment to the policy on the number of books allowed per inmate.

On April 24, 2008, defendant responded to nonparty Jacob Ind's motion for enforcement of the settlement agreement. The defendants argued that Ind lacked standing to bring his claims in this action, failed to allege any facts on which a finding of contempt could be based, and the express terms of the settlement agreement expired on November 10, 2006.

On October 16, 2009, Judge Richard P. Matsch denied the motion to enforce the decree and granted the defendant's motion for termination of jurisdiction relating to the enforcement of the settlement agreement. The plaintiffs appealed. On June 24, 2010, the Tenth Circuit Court of Appeals affirmed the district court's decision.

Summary Authors

Jessica Kincaid (7/7/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4904165/parties/new-times-inc-v-suthers/


Judge(s)

Figa, Phillip S. (Colorado)

Matsch, Richard Paul (Colorado)

Schlatter, O. Edward (Colorado)

Attorneys(s) for Plaintiff

Gottschalk, Hugh Q. (Colorado)

Lamb, David Atchley (Colorado)

Silverstein, Mark (Colorado)

Young, Gwen Jarahian (Colorado)

Attorneys(s) for Defendant

Quinn, James Xavier (Colorado)

Sanzo, Paul S (Colorado)

Suthers, John W. (Colorado)

Judge(s)

Figa, Phillip S. (Colorado)

Matsch, Richard Paul (Colorado)

Schlatter, O. Edward (Colorado)

Attorneys(s) for Plaintiff

Gottschalk, Hugh Q. (Colorado)

Lamb, David Atchley (Colorado)

Silverstein, Mark (Colorado)

Young, Gwen Jarahian (Colorado)

Attorneys(s) for Defendant

Quinn, James Xavier (Colorado)

Sanzo, Paul S (Colorado)

Suthers, John W. (Colorado)

Documents in the Clearinghouse

Document

Docket (PACER)

July 29, 2010 Docket
1

Complaint

March 22, 2000 Complaint
151-2

Settlement Agreement

Aug. 10, 2004 Settlement Agreement
151-1

Order Approving Settlement Agreement

Aug. 18, 2004 Order/Opinion
151-6

Stipulation for Order Amending Settlement Agreement

May 13, 2005 Pleading / Motion / Brief
151-7

Order Accepting Amendments to the Settlement Agreement

May 17, 2005 Order/Opinion
151-5

Administrative Regulation Implementation/Adjustments

Aug. 20, 2007 Statute/Ordinance/Regulation
151-4

Administrative Regulation Implementation/Adjustments

Feb. 19, 2008 Statute/Ordinance/Regulation
151

Defendant's Response to Nonparty Jacob Ind's "Motion Pursuant to F.R.CIV.P.[SIC] 71"

April 24, 2008 Pleading / Motion / Brief
169

Orders on Motions by Non Party Justin Rueb and on Motion for Termination of Jurisdiction

2009 WL 3451128

Oct. 16, 2009 Order/Opinion

Resources

Title Description External URL

Prisoners' Rights Lawyers' Strategies for Preserving the Role of the Courts

Margo Schlanger

This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The … Dec. 1, 2015 http://lawreview.law.miami.edu/prisoners-rights-lawyers-strategies-preserving-role-courts/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4904165/new-times-inc-v-suthers/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
157

ORDER on Motions by Non Party Jacob Ind. Order denying 155 Motion to Strike. Order denying 147 Motion for Contempt. Order denying 154 Motion for Finding of Contempt. Signed by Judge Richard P. Matsch on 07/03/08.(jjh, )

July 3, 2008 RECAP
160

ORDER for Defendants to Respond. Ordered that the defendants, through the Colorado Attorney General, shall respond to motion, as attached to this Order, by 06/22/09 by Judge Richard P. Matsch on 05/26/09. (Attachments: # 1 Plaintiff Motion to Enforce)(jjh, )

1 Plaintiff Motion to Enforce

View on PACER

May 26, 2009 RECAP
169

Orders on Motions by non Party Justin Rueb and on Defendant's Motion for Termination of Jurisdiction re: 159 , 163 and 164 . Motions to enforce decree filed by Rueb on May 13, 2009 and June 22, 2009 are denied, and it is FURTHER ORDERED that defendant's motion for termination of jurisdiction relating to enforcement of settlement agreement is granted. This case is closed. Signed by Judge Richard P. Matsch on 10/16/2009.(rpmcd)

Oct. 16, 2009 RECAP
174

ORDER to Cure Deficiency re 171 Notice of Appeal by Justin Rueb, by Judge Richard P. Matsch on 11/19/09. Appellant has 30 days to either pay the filing fees or file a proper 1915 motion with district court.(bjrsl, )

Nov. 19, 2009 RECAP

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 22, 2000

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Publishing companies and inmates in the Colorado Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Colorado Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Order Duration: 2004 - 2007

Content of Injunction:

Monitoring

Reporting

Issues

General:

Law library access

Mail

Type of Facility:

Government-run