Case: Barrett v. Premo

6:11-cv-06358 | U.S. District Court for the District of Oregon

Filed Date: Nov. 10, 2011

Clearinghouse coding complete

Case Summary

On November 10, 2011, an Oregon Department of Corrections inmate filed this lawsuit under 42 U.S.C. § 1983. The plaintiff, proceeding without a lawyer, alleged that the defendant, Oregon Department of Corrections (ODOC), violated his free speech and due process rights, and his Eighth Amendment right to be free of cruel and unusual punishment, as well as the Oregon Constitution. The case arose when ODOC rejected and returned a letter that the plaintiff sent to another inmate at Oregon State Peni…

On November 10, 2011, an Oregon Department of Corrections inmate filed this lawsuit under 42 U.S.C. § 1983. The plaintiff, proceeding without a lawyer, alleged that the defendant, Oregon Department of Corrections (ODOC), violated his free speech and due process rights, and his Eighth Amendment right to be free of cruel and unusual punishment, as well as the Oregon Constitution. The case arose when ODOC rejected and returned a letter that the plaintiff sent to another inmate at Oregon State Penitentiary because of a picture the plaintiff had drawn on the front of the envelope. The plaintiff sought declaratory and injunctive relief as well as monetary damages.

The case was filed in the U.S. District Court for the District of Oregon, and assigned to District Judge Marco A. Hernandez. On January 2, 2012, Judge Hernandez denied the plaintiff's motion for a preliminary injunction and temporary restraining order. Barrett v. Williams, 2012 WL 10897 (D.Or. 2012)

On August 27, 2012, the State filed a motion for summary judgment. The plaintiff did not respond and on February 22, 2013, the District Court dismissed the case. Barrett v. Williams, 2013 WL 686966 (D.Or. 2013). On March 23, 2013, the plaintiff sought reconsideration; he explained that he had missed the prior deadline because he was being transferred from New Mexico Department of Corrections to Florida Department of Corrections on the filing date and could not access to his legal documents during the transfer.

On May 27, 2013, the Court granted the plaintiff's motion for reconsideration and re-opened the defendants' motion for summary judgment.

On November 14, 2013, the District Court denied summary judgment in part and granted it in part. The Court held that plaintiff's due process rights were not violated because the plaintiff was provided notice and a right to appeal. The Court also held that the defendants' rejection of the plaintiff's letter was not in retaliation for exercising his First Amendment rights, and denied the plaintiff's claim for damages. However, the District Court allowed the rest of plaintiff's free speech claim, addressing the regulation going forward, to proceed. Barrett v. Williams, 2013 WL 6055247, (D.Or. 2013)

On December 2, 2013, the plaintiff sought reconsideration from the Court's November 13, 2013, ruling, which denied him damages. On December 16, 2013, the plaintiff filed a motion for appointment of counsel. On February 26, 2014, the Court granted the plaintiff's motion for appointment of counsel but denied his motion for reconsideration from the Court's November 13, 2013, ruling. Specifically, the Court held that the Defendants were entitled to qualified immunity for money damages because the rights the plaintiff asserted were not clearly established. Barrett v. Williams, 2014 WL 795801, (D.Or. 2014)

Following a February 19, 2015, one-day trial, on March 30, 2015 the District Court issued Findings of Facts and Conclusions of Law. The Court held that the defendants' incoming mail policy of blocking a form of expression--artwork on an envelope-- violated inmates' and their correspondents' First Amendment rights. Barrett v. Premo, 2015 WL 1477902 (D.Or. 2015). On May 14, 2015, the Court enjoined the State from enforcing a blanket ban on artwork on the front of envelopes coming into its prisons. The Court also awarded the plaintiff reasonable attorney fees. The case is now closed.

Summary Authors

Beth Richardson (7/8/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4365688/parties/barrett-v-peters/

Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Kotori, Blerina (Oregon)

Martson, William (Oregon)

Sexton, Troy Garrett (Oregon)

Attorneys(s) for Defendant

Kamins, Jacqueline Sadker (Oregon)

Vincent, Shannon M. (Oregon)

Winges-Yanez, Kristin A. (Oregon)

Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Kotori, Blerina (Oregon)

Martson, William (Oregon)

Sexton, Troy Garrett (Oregon)

Attorneys(s) for Defendant

Kamins, Jacqueline Sadker (Oregon)

Vincent, Shannon M. (Oregon)

Winges-Yanez, Kristin A. (Oregon)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket

June 9, 2015 Docket
2

Civil Complaint

Nov. 10, 2011 Complaint
11

Order

2012 WL 10897

Jan. 2, 2012 Order/Opinion
29

Second Amended Complaint

June 5, 2012 Complaint
73

Opinion and Order

2013 WL 686966

Feb. 22, 2013 Order/Opinion
103

[Opinion and Order]

2013 WL 6055247

Nov. 14, 2013 Order/Opinion
108

[Opinion and Order]

2014 WL 795801

Feb. 26, 2014 Order/Opinion
173

Findings of Fact and Conclusions of Law

101 F.Supp.3d 980, 2015 WL 1477902

March 30, 2015 Order/Opinion
176

Judgment

Barrett v. Peters

May 14, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4365688/barrett-v-peters/

Last updated May 13, 2022

ECF Number Description Date Link
1

Application for Leave to Proceed IFP. Filed by Jacob Barrett. (ljb) (Entered: 11/15/2011)

Nov. 10, 2011
1

Application for Leave to Proceed IFP. Filed by Jacob Barrett. (ljb) (Entered: 11/15/2011)

Nov. 10, 2011 PACER
2

Complaint. Demand for Jury Trial.Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Oregon Department of Corrections, Jeff Premo, Janna Russell, Max Williams. (ljb) (Entered: 11/16/2011)

Nov. 10, 2011 PACER
2

Complaint. Demand for Jury Trial.Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Oregon Department of Corrections, Jeff Premo, Janna Russell, Max Williams. (ljb) (Entered: 11/16/2011)

Nov. 10, 2011
3

Motion for Appointment of Counsel. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)

Nov. 10, 2011
3

Motion for Appointment of Counsel. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)

Nov. 10, 2011 PACER
4

Motion for Court to Take Judicial Notice and to Disqualify Magistrate Judges Cooney, Jelderks and District Court Judges Hogan and King. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)

Nov. 10, 2011 PACER
4

Motion for Court to Take Judicial Notice and to Disqualify Magistrate Judges Cooney, Jelderks and District Court Judges Hogan and King. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)

Nov. 10, 2011
5

Motion for Preliminary Injunction, Motion for Temporary Restraining Order. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)

Nov. 10, 2011
5

Motion for Preliminary Injunction, Motion for Temporary Restraining Order. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)

Nov. 10, 2011 PACER
6

Memorandum in Support. Filed by Jacob Barrett. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 5 .) (ljb) (Entered: 11/16/2011)

Nov. 10, 2011
6

Memorandum in Support. Filed by Jacob Barrett. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 5 .) (ljb) (Entered: 11/16/2011)

Nov. 10, 2011 PACER
7

Affidavit of Jacob Barrett in Support of Motion. Filed by Jacob Barrett. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 5 .) (ljb) (Entered: 11/16/2011)

Nov. 10, 2011 PACER
7

Affidavit of Jacob Barrett in Support of Motion. Filed by Jacob Barrett. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 5 .) (ljb) (Entered: 11/16/2011)

Nov. 10, 2011
8

Clerk's Notice of Mailing to Plaintiff Jacob Barrett − receive−stamped copies of documents filed with the court. (mr) (Entered: 11/22/2011)

Nov. 22, 2011
8

Clerk's Notice of Mailing to Plaintiff Jacob Barrett - receive-stamped copies of documents filed with the court. (mr) (Entered: 11/22/2011)

Nov. 22, 2011 PACER
9

ORDER: Plaintiff's Motion for Appointment of Counsel 3 is DENIED. See attached 3-page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)

Jan. 2, 2012 PACER
9

ORDER: Plaintiff's Motion for Appointment of Counsel 3 is DENIED. See attached 3−page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)

Jan. 2, 2012
10

ORDER: Plaintiff's motion for the court to take judicial notice of bias and disqualify judges 4 is DENIED as moot. See attached 1-page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)

Jan. 2, 2012 PACER
10

ORDER: Plaintiff's motion for the court to take judicial notice of bias and disqualify judges 4 is DENIED as moot. See attached 1−page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr)

Jan. 2, 2012
12

ORDER TO PROCEED IN FORMA PAUPERIS AND TO COLLECT INMATE FILING FEE: Plaintiff's provisional in forma pauperis status is CONFIRMED. IT IS ORDERED that the Oregon Department of Corrections shall collect payments from Plaintiff's trust account and shall forward those payments to the Clerk of the Court in accordance with the formula set forth above until a total of $350.00 has been collected and forwarded. IT IS SO ORDERED. Signed on 1/2/2012 by Judge Marco A. Hernandez. (gw) (Entered: 01/05/2012)

Jan. 2, 2012
11

ORDER: Plaintiff's Motion for Preliminary Injunction and TemporaryRestraining Order 5 is DENIED. See attached 4-page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)

Jan. 2, 2012 RECAP
14

Notice of Lawsuit and Request for Waiver of Service of Summons . Waiver of Service is due by 2/6/2012. (Attachment: # 1 Complaint) (gw) (Entered: 01/05/2012)

Jan. 3, 2012
12

ORDER TO PROCEED IN FORMA PAUPERIS AND TO COLLECT INMATE FILING FEE: Plaintiff's provisional in forma pauperis status is CONFIRMED. IT IS ORDERED that the Oregon Department of Corrections shall collect payments from Plaintiff's trust account and shall forward those payments to the Clerk of the Court in accordance with the formula set forth above until a total of $350.00 has been collected and forwarded. IT IS SO ORDERED. Signed on 1/2/2012 by Judge Marco A. Hernandez. (gw) (Entered: 01/05/2012)

Jan. 2, 2012 PACER
13

Clerk's Notice of Mailing to Oregon Department of Corrections Central Trust Unit of Order to Proceed IFP and to Collect Inmate Filing Fee 12 . (gw) (Entered: 01/05/2012)

Jan. 5, 2012
14

Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 2/6/2012. (Attachment: # 1 Complaint) (gw) (Entered: 01/05/2012)

Jan. 3, 2012 PACER
13

Clerk's Notice of Mailing to Oregon Department of Corrections Central Trust Unit of Order to Proceed IFP and to Collect Inmate Filing Fee 12 . (gw) (Entered: 01/05/2012)

Jan. 5, 2012 PACER
15

Clerk's Notice of Mailing to Jacob Barrett of Order to Proceed IFP and to Collect Inmate Filing Fee 12 , and Notice of Lawsuit 14 . (gw) (Entered: 01/05/2012)

Jan. 5, 2012
16

Waiver of Service of Summons Returned Executed Filed by Janna Russell, Michelle Whitney Dodson, Jeff Premo, Oregon Department of Corrections, Max Williams. (Kamins, Jacqueline) (Entered: 02/06/2012)

Feb. 6, 2012
15

Clerk's Notice of Mailing to Jacob Barrett of Order to Proceed IFP and to Collect Inmate Filing Fee 12, and Notice of Lawsuit 14 . (gw) (Entered: 01/05/2012)

Jan. 5, 2012 PACER
16

Waiver of Service of Summons Returned Executed Filed by Janna Russell, Michelle Whitney Dodson, Jeff Premo, Oregon Department of Corrections, Max Williams. (Kamins, Jacqueline) (Entered: 02/06/2012)

Feb. 6, 2012 PACER
17

Answer to 2 Complaint with Jury Demand (titled as Defendants' Answer to Plaintiff's Complaint and Affirmative Defenses − Jury Demand) . Filed by Michelle Whitney Dodson, Oregon Department of Corrections, Jeff Premo, Janna Russell, Max Williams. (Kamins, Jacqueline) (Entered: 02/27/2012)

Feb. 27, 2012
17

Answer to 2 Complaint with Jury Demand (titled as Defendants' Answer to Plaintiff's Complaint and Affirmative Defenses - Jury Demand). Filed by Michelle Whitney Dodson, Oregon Department of Corrections, Jeff Premo, Janna Russell, Max Williams. (Kamins, Jacqueline) (Entered: 02/27/2012)

Feb. 27, 2012 PACER
18

Amended Complaint. No motion for leave to file amended complaint included. Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Oregon Department of Corrections, Jeff Premo, Max Williams. (Attachments: # 1 Attachments 1−3, # 2 Certificate of Service) (gw) (Entered: 02/28/2012)

Feb. 27, 2012
18

Amended Complaint. No motion for leave to file amended complaint included. Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Oregon Department of Corrections, Jeff Premo, Max Williams. (Attachments: # 1 Attachments 1-3, # 2 Certificate of Service) (gw) (Entered: 02/28/2012)

Feb. 27, 2012 RECAP
19

Scheduling Order for Civil Rights Actions Filed by Incarcerated Plaintiffs. Summary Judgment Advice Notice and Consent Form. All pretrial, discovery, and dispositive motions are due by 5/3/2012. Signed on 3/1/2012 by Deputy Clerk G. Williams. (gw) Modified on 3/1/2012 to show that order was signed by G. Williams, not Judge Hernandez (gw). (Entered: 03/01/2012)

March 1, 2012
20

Clerk's Notice of Mailing to Jacob Barrett of Prisoner Civil Rights Scheduling Order and Summary Judgment Advice Notice 19 . (gw) (Entered: 03/01/2012)

March 1, 2012
19

Scheduling Order for Civil Rights Actions Filed by Incarcerated Plaintiffs. Summary Judgment Advice Notice and Consent Form. All pretrial, discovery, and dispositive motions are due by 5/3/2012. Signed on 3/1/2012 by Deputy Clerk G. Williams. (gw) Modified on 3/1/2012 to show that order was signed by G. Williams, not Judge Hernandez (gw). (Entered: 03/01/2012)

March 1, 2012 PACER
21

Notice of Attorney Substitution:Attorney Kristin A. Winges−Yanez is substituted as counsel of record in place of Attorney Jacqueline Sadker Kamins Filed by Janna Russell, Michelle Whitney Dodson, Jeff Premo, Max Williams (Winges−Yanez, Kristin) (Entered: 04/04/2012)

April 4, 2012
20

Clerk's Notice of Mailing to Jacob Barrett of Prisoner Civil Rights Scheduling Order and Summary Judgment Advice Notice 19 . (gw) (Entered: 03/01/2012)

March 1, 2012 PACER
22

Motion for Extension of Time. Filed by Jacob Barrett. (gw) (Entered: 04/19/2012)

April 16, 2012
21

Notice of Attorney Substitution:Attorney Kristin A. Winges-Yanez is substituted as counsel of record in place of Attorney Jacqueline Sadker Kamins Filed by Janna Russell, Michelle Whitney Dodson, Jeff Premo, Max Williams (Winges-Yanez, Kristin) (Entered: 04/04/2012)

April 4, 2012 PACER
22

Motion for Extension of Time. Filed by Jacob Barrett. (gw) (Entered: 04/19/2012)

April 16, 2012 PACER
23

ORDER: Plaintiff's Motion for Extension of Time 22 is GRANTED. All pretrial, discovery, and dispositive motions are due by 7/2/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 04/30/2012)

April 30, 2012
24

Motion for Leave to File Second Amended Complaint. Filed by Jacob Barrett. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Attachments 1, 2 and 3, # 3 Certificate of Service) (gw) (Entered: 05/11/2012)

May 9, 2012
23

ORDER: Plaintiff's Motion for Extension of Time 22 is GRANTED. All pretrial, discovery, and dispositive motions are due by 7/2/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 04/30/2012)

April 30, 2012 PACER
25

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges−Yanez, Kristin) (Entered: 05/11/2012)

May 11, 2012
24

Motion for Leave to File Second Amended Complaint. Filed by Jacob Barrett. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Attachments 1, 2 and 3, # 3 Certificate of Service) (gw) (Entered: 05/11/2012)

May 9, 2012 PACER
26

Declaration of Kristin A. Winges−Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 25 .) (Winges−Yanez, Kristin) (Entered: 05/11/2012)

May 11, 2012
25

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges-Yanez, Kristin) (Entered: 05/11/2012)

May 11, 2012 PACER
28

ORDER: Plaintiff's unopposed Motion to file a Second Amended Complaint 24 is GRANTED. The Second Amended Complaint, docket # 24 , attachment #1, supersedes all previously filed complaints. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 06/05/2012)

June 5, 2012
26

Declaration of Kristin A. Winges-Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 25 .) (Winges-Yanez, Kristin) (Entered: 05/11/2012)

May 11, 2012 PACER
29

Second Amended Complaint. Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Jeff Premo, Max Williams. (Attachments: # 1 Attachment). (mr) (Entered: 06/15/2012)

June 5, 2012
27

ORDER: Defendants' Motion for Extension of Time 25 is GRANTED. The deadline for Defendants to respond to Plaintiff's First Request for Production of Documents and Admissions is 6/11/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 05/23/2012)

May 23, 2012 PACER
30

Answer to 29 Amended Complaint with Jury Demand . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges−Yanez, Kristin) (Entered: 06/15/2012)

June 15, 2012
28

ORDER: Plaintiff's unopposed Motion to file a Second Amended Complaint 24 is GRANTED. The Second Amended Complaint, docket # 24, attachment #1, supersedes all previously filed complaints. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 06/05/2012)

June 5, 2012 PACER
31

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges−Yanez, Kristin) (Entered: 07/02/2012)

July 2, 2012
29

Second Amended Complaint. Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Jeff Premo, Max Williams. (Attachments: # 1 Attachment). (mr) (Entered: 06/15/2012)

June 5, 2012 PACER
32

Declaration of Kristin Winges−Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 31 .) (Winges−Yanez, Kristin) (Entered: 07/02/2012)

July 2, 2012
30

Answer to 29 Amended Complaint with Jury Demand . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) (Entered: 06/15/2012)

June 15, 2012 PACER
31

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges-Yanez, Kristin) (Entered: 07/02/2012)

July 2, 2012 PACER
33

ORDER: Defendants' Motion for Extension of Time 31 is GRANTED. The deadline for filing of dispositive motions is reset to 8/31/2012. Ordered by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. Modified to update service information on 7/3/2012 (mr). (Entered: 07/03/2012)

July 3, 2012
32

Declaration of Kristin Winges-Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 31 .) (Winges-Yanez, Kristin) (Entered: 07/02/2012)

July 2, 2012 PACER
34

Motion to Strike Answer to Second Amended Complaint 30 and Affirmative Defenses and Order for Defendants to File a Proper Response and Answer. Filed by Jacob Barrett. (ljb) (Entered: 07/09/2012)

July 9, 2012
35

Motion for Extension of Time. Filed by Jacob Barrett. (ljb) (Entered: 07/09/2012)

July 9, 2012
33

ORDER: Defendants' Motion for Extension of Time 31 is GRANTED. The deadline for filing of dispositive motions is reset to 8/31/2012. Ordered by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. Modified to update service information on 7/3/2012 (mr). (Entered: 07/03/2012)

July 3, 2012 PACER
36

Notice of Dispute over Discovery and Request to Resolve the Dispute. Filed by Jacob Barrett (ljb) (Entered: 07/09/2012)

July 9, 2012
34

Motion to Strike Answer to Second Amended Complaint 30 and Affirmative Defenses and Order for Defendants to File a Proper Response and Answer. Filed by Jacob Barrett. (ljb) (Entered: 07/09/2012)

July 9, 2012 PACER
35

Motion for Extension of Time. Filed by Jacob Barrett. (ljb) (Entered: 07/09/2012)

July 9, 2012 PACER
37

STRICKEN per order dated 7/18/2012. ORDER − Granting Plaintiff's Motion for Extension of Time 35 .Dispositive motions are due by 9/6/2012. Ordered by Judge Michael H. Simon. (mja) Modified on 7/18/2012 (mr). (Entered: 07/18/2012)

July 18, 2012
38

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Order on motion for extension of time 37 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The order shall be stricken and ruling shall be made by the presiding judge in the case. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 07/18/2012)

July 18, 2012
36

Notice of Dispute over Discovery and Request to Resolve the Dispute. Filed by Jacob Barrett (ljb) (Entered: 07/09/2012)

July 9, 2012 PACER
39

ORDER: Granting Plaintiff's Motion for Extension of Time 35 . Plaintiff's dispositive motions are due by 9/4/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 07/18/2012)

July 18, 2012
37

STRICKEN per order dated 7/18/2012. ORDER - Granting Plaintiff's Motion for Extension of Time 35 .Dispositive motions are due by 9/6/2012. Ordered by Judge Michael H. Simon. (mja) Modified on 7/18/2012 (mr). (Entered: 07/18/2012)

July 18, 2012 PACER
38

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Order on motion for extension of time 37 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The order shall be stricken and ruling shall be made by the presiding judge in the case. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 07/18/2012)

July 18, 2012 PACER
40

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges−Yanez, Kristin) (Entered: 07/26/2012)

July 26, 2012
39

ORDER: Granting Plaintiff's Motion for Extension of Time 35 . Plaintiff's dispositive motions are due by 9/4/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 07/18/2012)

July 18, 2012 PACER
41

Declaration of Kristin Winges−Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 40 .) (Winges−Yanez, Kristin) (Entered: 07/26/2012)

July 26, 2012
40

Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges-Yanez, Kristin) (Entered: 07/26/2012)

July 26, 2012 PACER
42

ORDER: Granting Defendants' Motion for Extension of Time 40 . Defendants' response to Plaintiff's Motion to Strike 34 is due 8/9/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 08/01/2012)

Aug. 1, 2012
41

Declaration of Kristin Winges-Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 40 .) (Winges-Yanez, Kristin) (Entered: 07/26/2012)

July 26, 2012 PACER
43

Response to Motion to Strike Answer to Amended Complaint 30 34 . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges−Yanez, Kristin)

Aug. 7, 2012
42

ORDER: Granting Defendants' Motion for Extension of Time 40 . Defendants' response to Plaintiff's Motion to Strike 34 is due 8/9/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 08/01/2012)

Aug. 1, 2012 PACER
44

ORDER regarding Response to Motion to Strike 43 . The Clerk of the Court is DIRECTED to detach pages 3−7 (Attachment 1) from Defendant's Response To Plaintiff's Motion to Strike 43 , and file that attachment as a separate docket entry entitled Defendants' Amended Answer to Plaintiff's Second Amended Complaint and Affirmative Defenses. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/22/2012)

Aug. 22, 2012
43

Response to Motion to Strike Answer to Amended Complaint 30 34 . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) (Entered: 08/07/2012)

Aug. 7, 2012 PACER
45

Clerk's Notice of Mailing to Plaintiff Jacob Barrett regarding Order 44 . (mr) (Entered: 08/22/2012)

Aug. 22, 2012
46

Defendants' Amended Answer to Plaintiff's Second Amended Complaint 29 and Affirmative Defenses, with Jury Demand. Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (gw) (Entered: 08/22/2012)

Aug. 7, 2012 PACER
47

Clerk's Notice of Mailing to Jacob Barrett of Defendants' Amended Answer to Plaintiff's Second Amended Complaint 46 . (gw) (Entered: 08/22/2012)

Aug. 22, 2012
44

ORDER regarding Response to Motion to Strike 43 . The Clerk of the Court is DIRECTED to detach pages 3-7 (Attachment 1) from Defendant's Response To Plaintiff's Motion to Strike 43, and file that attachment as a separate docket entry entitled Defendants' Amended Answer to Plaintiff's Second Amended Complaint and Affirmative Defenses. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/22/2012)

Aug. 22, 2012 PACER
48

Motion for Summary Judgment . Oral Argument requested. Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges−Yanez, Kristin) Modified per order dated 8/28/2012 (mr). Motion re−opened on 5/30/2013 (mr). (Entered: 08/27/2012)

Aug. 27, 2012
47

Clerk's Notice of Mailing to Jacob Barrett of Defendants' Amended Answer to Plaintiff's Second Amended Complaint 46 . (gw) (Entered: 08/22/2012)

Aug. 22, 2012 PACER
49

Memorandum in Support . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Related document(s): Motion for Summary Judgment 48 .) (Winges−Yanez, Kristin) (Entered: 08/27/2012)

Aug. 27, 2012
45

Clerk's Notice of Mailing to Plaintiff Jacob Barrett regarding Order 44 . (mr) (Entered: 08/22/2012)

Aug. 22, 2012 PACER
50

Declaration of Randy Geer . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Related document(s): Motion for Summary Judgment 48 .) (Winges−Yanez, Kristin) (Entered: 08/27/2012)

Aug. 27, 2012
48

Motion for Summary Judgment . Oral Argument requested. Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) Modified per order dated 8/28/2012 (mr). Motion re-opened on 5/30/2013 (mr). (Entered: 08/27/2012)

Aug. 27, 2012 PACER
51

Declaration of Michelle Dodson . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Related document(s): Motion for Summary Judgment 48 .) (Winges−Yanez, Kristin) (Entered: 08/27/2012)

Aug. 27, 2012
52

ORDER: Plaintiff's Motion to Strike Answer to Amended Complaint 34 is DENIED as moot. Respondents' Amended Answer to Plaintiff's Second Amended Complaint 46 supercedes the previously−filed answer. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/28/2012)

Aug. 28, 2012
49

Memorandum in Support . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Related document(s): Motion for Summary Judgment 48 .) (Winges-Yanez, Kristin) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
53

Clerk's Notice of Mailing to Plaintiff Jacob Barrett regarding Order 52 . (mr) (Entered: 08/28/2012)

Aug. 28, 2012
50

Declaration of Randy Geer . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Related document(s): Motion for Summary Judgment 48 .) (Winges-Yanez, Kristin) (Entered: 08/27/2012)

Aug. 27, 2012 PACER

State / Territory: Oregon

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 10, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prisoner of the Oregon Department of Corrections, housed in the New Mexico Corrections Department pursuant to the Interstate Corrections Compact.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oregon Department of Justice (Salem, Marion), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Freedom of speech/association

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief denied

Discrimination Prohibition

Issues

General:

Mail

Type of Facility:

Government-run