Case: Prison Legal News v. County of San Diego

3:14-cv-02417 | U.S. District Court for the Southern District of California

Filed Date: Oct. 10, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 10, 2014, Prison Legal News (PLN) filed a suit in the United States District Court for the Southern District of California under 42 U.S.C. § 1983 against the County of San Diego. The plaintiff, represented by public interest and private counsel, sought declaratory relief, injunctive relief, and damages, claiming that the county's mail policies and practices in its jails violate the First and Fourteenth Amendments. Specifically, PLN claimed that the County's postcard-only mail policy …

On October 10, 2014, Prison Legal News (PLN) filed a suit in the United States District Court for the Southern District of California under 42 U.S.C. § 1983 against the County of San Diego. The plaintiff, represented by public interest and private counsel, sought declaratory relief, injunctive relief, and damages, claiming that the county's mail policies and practices in its jails violate the First and Fourteenth Amendments. Specifically, PLN claimed that the County's postcard-only mail policy and its book-size limitation unconstitutionally limit PLN's ability to communicate with prisoners. Further, PLN contended that the County violated the Due Process Clause by failing to provide them with adequate notice and an opportunity to appeal these censorship decisions, and that by prohibiting the delivery of PLN's publications but allowing the delivery of the publications of others who are similarly situated, the County deprived PLN of equal protection under the law.

On October 17, 2014, PLN moved for preliminary injunction. On May 7, 2015, the Court (Judge M. James Lorenz) granted in part and denied in part PLN's motion for a preliminary injunction requesting that the Court enjoin the County from continuing to enforce both the postcard-only mail policy and the soft-cover book-size limitation, as well as a mandate that County comply with due process requirements. Finding that PLN had established a likelihood of success on the merits, the Court (Judge M. James Lorenz) ordered the County to suspend enforcement of the postcard-only policy for incoming mail no later than May 21, 2015, and to provide written notice and an administrative appeal process to senders and inmates when the County refuses to deliver publications and correspondence to inmates at the County's jails. The Court (Judge M. James Lorenz) denied PLN's motion to enjoin the book-size restriction, concluding that PLN failed to establish a likelihood of success on its claim that the restriction violated its First Amendment rights.

On June 5, 2015, the County sought an interlocutory appeal in the 9th Circuit. On November 18, 2015, PLN and the County moved for a joint settlement. The county agreed to allow plaintiffs to receive both unsolicited and subscription non-postcard mail, as long as such material does not conflict with regular mail policy. The agreement also held that any time a piece of mail was not delivered, both the sender and the receiver would receive notice of the censorship, with information on how to appeal the decision to a person who is not the original censor. Both the interlocutory appeal and the original claims were dismissed with prejudice.

On May 18, 2016, the Court granted the parties' joint motion to dismiss pursuant to Federal Rule of Civil Procedure 41(a), which governs voluntary dismissal. Magistrate Judge Nita L. Stormes retained jurisdiction over all disputes between the parties arising out of the settlement agreement, including the interpretation and enforcement of its terms. Both parties consented to the Magistrate Judge's jurisdiction. The case was dismissed on February 7, 2018, with the Magistrate Judge retaining jurisdiction over the settlement agreement. The case is ongoing for settlement purposes. As of April 10, 2020, there have been no further entries in the docket.

Summary Authors

Robert Lake (6/1/2015)

Carolyn Weltman (2/28/2016)

Elizabeth Heise (10/16/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4193189/parties/prison-legal-news-v-county-of-san-diego/


Judge(s)

Lorenz, M. James (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Neelakanta, Sabarish (Florida)

Weber, Lance Theodore (Florida)

Yelin, Jenny Snay (California)

Yoo, Julia (California)

Attorneys(s) for Defendant

Chapin, James M. (California)

Judge(s)

Lorenz, M. James (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Neelakanta, Sabarish (Florida)

Weber, Lance Theodore (Florida)

Yelin, Jenny Snay (California)

Yoo, Julia (California)

Attorneys(s) for Defendant

Chapin, James M. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 7, 2018 Docket
1

Complaint for Declaratory and Injunctive Relief Under the Civil Rights Act, 42 U.S.C §1983 and Damages

Oct. 9, 2014 Complaint
43

Order Granting in Part and Denying in Part Plaintiff's Motion for Preliminary Injunction

May 7, 2015 Order/Opinion
60

Joint Motion [for Settlement Approval]

Nov. 18, 2015 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4193189/prison-legal-news-v-county-of-san-diego/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT with Jury Demand against Will Brown, County of San Diego, Does 1-10, William D. Gore, Rich Miller ( Filing fee $ 400 receipt number 0974-7457803.), filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:14-cv-02417-L-NLS. Judge M. James Lorenz and Magistrate Judge Nita L. Stormes are assigned to the case. (Galvan, Ernest)(cxl)(av1). (Entered: 10/09/2014)

1 Civil Cover Sheet

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Oct. 9, 2014 RECAP
2

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxl) (av1). (Entered: 10/09/2014)

Oct. 9, 2014 PACER
3

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-7473194.) (Application to be reviewed by Clerk.) (Neelakanta, Sabarish) (vam). (Entered: 10/16/2014)

Oct. 16, 2014 PACER
4

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-7473237.) (Application to be reviewed by Clerk.) (Weber, Lance) (vam). (Entered: 10/16/2014)

Oct. 16, 2014 PACER
5

NOTICE of Appearance by Julia Yoo on behalf of Prison Legal News (Attachments: # 1 Proof of Service)(Yoo, Julia)Attorney Julia Yoo added to party Prison Legal News(pty:pla) (sjt). (Entered: 10/16/2014)

1 Proof of Service

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Oct. 16, 2014 PACER
6

PRO HAC APPROVED 3 : Sabarish Neelakanta appearing for Plaintiff Prison Legal News. (no document attached) (vam) (Entered: 10/17/2014)

Oct. 17, 2014 PACER
7

PRO HAC APPROVED 4 : Lance Theodore Weber appearing for Plaintiff Prison Legal News. (no document attached) (vam) (Entered: 10/17/2014)

Oct. 17, 2014 PACER
8

MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Memo of Points and Authorities in Support of Plaintiff's Motion for Preliminary Injunction, # 2 Index of Exhibits Filed in Support Of Plaintiff's Motion for Preliminary Injunction, # 3 Declaration of John Clark in Support of Plaintiff's Motion for Preliminary Injunction, # 4 Table of Contents of Exhibits to Declaration of John Clark, # 5 Exhibit A to the Declaration of John Clark, # 6 Exhibit B to the Declaration of John Clark, # 7 Declaration of Paul Wright in Support of Plaintiff's Motion for Preliminary Injunction, # 8 Table of Contents of Exhibits to Declaration of Paul Wright, # 9 Exhibit A to the Declaration of Paul Wright, # 10 Exhibit B to the Declaration of Paul Wright, # 11 Exhibit C to the Declaration of Paul Wright, # 12 Exhibit D to the Declaration of Paul Wright, # 13 Exhibit E to the Declaration of Paul Wright, # 14 Exhibit F to the Declaration of Paul Wright, # 15 Exhibit G to the Declaration of Paul Wright, # 16 Exhibit H to the Declaration of Paul Wright, # 17 Exhibit I to the Declaration of Paul Wright, # 18 Exhibit J to the Declaration of Paul Wright, # 19 Exhibit K to the Declaration of Paul Wright, # 20 Exhibit L to the Declaration of Paul Wright, # 21 Exhibit M to the Declaration of Paul Wright, # 22 Exhibit N to the Declaration of Paul Wright, # 23 Exhibit O to the Declaration of Paul Wright, # 24 Proof of Service)(Galvan, Ernest) (sjt). (Entered: 10/17/2014)

1 Memo of Points and Authorities in Support of Plaintiff's Motion for Prelimi

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2 Index of Exhibits Filed in Support Of Plaintiff's Motion for Preliminary I

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3 Declaration of John Clark in Support of Plaintiff's Motion for Preliminary

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4 Table of Contents of Exhibits to Declaration of John Clark

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5 Exhibit A to the Declaration of John Clark

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6 Exhibit B to the Declaration of John Clark

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7 Declaration of Paul Wright in Support of Plaintiff's Motion for Preliminary

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8 Table of Contents of Exhibits to Declaration of Paul Wright

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9 Exhibit A to the Declaration of Paul Wright

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10 Exhibit B to the Declaration of Paul Wright

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11 Exhibit C to the Declaration of Paul Wright

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12 Exhibit D to the Declaration of Paul Wright

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13 Exhibit E to the Declaration of Paul Wright

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14 Exhibit F to the Declaration of Paul Wright

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15 Exhibit G to the Declaration of Paul Wright

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16 Exhibit H to the Declaration of Paul Wright

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17 Exhibit I to the Declaration of Paul Wright

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18 Exhibit J to the Declaration of Paul Wright

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19 Exhibit K to the Declaration of Paul Wright

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20 Exhibit L to the Declaration of Paul Wright

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21 Exhibit M to the Declaration of Paul Wright

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22 Exhibit N to the Declaration of Paul Wright

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23 Exhibit O to the Declaration of Paul Wright

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24 Proof of Service

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Oct. 17, 2014 PACER
9

SUMMONS Returned Executed by Prison Legal News. County of San Diego served. (Yoo, Julia) (sjt). (Entered: 10/20/2014)

Oct. 20, 2014 PACER
10

**DOCUMENT WITHDRAWN PER NOTICE 12 ** SUMMONS Returned Executed by Prison Legal News. William D. Gore served. (Yoo, Julia) (sjt). Modified on 10/22/2014 (sjt). (Entered: 10/20/2014)

Oct. 20, 2014 PACER
11

CERTIFICATE OF SERVICE by Prison Legal News re 8 MOTION for Preliminary Injunction (Yoo, Julia) (sjt). (Entered: 10/20/2014)

Oct. 20, 2014 PACER
12

NOTICE of Withdrawal by Prison Legal News re 10 Summons Returned Executed (Attachments: # 1 Proof of Service)(Yoo, Julia) Modified on 10/22/2014 (sjt). (Entered: 10/21/2014)

1 Proof of Service

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Oct. 21, 2014 PACER
13

SUMMONS Returned Executed by Prison Legal News. William D. Gore served. (Yoo, Julia) (sjt). (Entered: 10/21/2014)

Oct. 21, 2014 PACER
14

Joint MOTION to Continue Preliminary Injuction Hearing by County of San Diego, William D. Gore. (Attachments: # 1 Proof of Service)(Chapin, James)Attorney James M Chapin added to party County of San Diego(pty:dft), Attorney James M Chapin added to party William D. Gore (pty:dft) (sjt). (Entered: 10/22/2014)

1 Proof of Service

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Oct. 22, 2014 PACER
15

SUMMONS Returned Executed by Prison Legal News. Rich Miller served. (Yoo, Julia) (sjt). (Entered: 10/23/2014)

Oct. 23, 2014 PACER
16

SUMMONS Returned Executed by Prison Legal News. Will Brown served. (Yoo, Julia) (sjt). (Entered: 10/23/2014)

Oct. 23, 2014 PACER
17

CERTIFICATE OF SERVICE by Prison Legal News re 8 MOTION for Preliminary Injunction (Yoo, Julia) (sjt). (Entered: 10/24/2014)

Oct. 24, 2014 PACER
18

ORDER granting 14 Joint Motion to Continue Hearing and Associated Dates. The hearing date is continued to January 26, 2015. Responses due by 12/22/2014 Replies due by 1/19/2015. Signed by Judge M. James Lorenz on 10/27/2014. (sjt) (Entered: 10/27/2014)

Oct. 27, 2014 PACER
19

ANSWER to 1 Complaint, with Jury Demand by Will Brown, County of San Diego, William D. Gore, Rich Miller. (Attachments: # 1 Proof of Service)(Chapin, James)Attorney James M Chapin added to party Will Brown(pty:dft), Attorney James M Chapin added to party Rich Miller(pty:dft) (sjt). (Entered: 11/10/2014)

1 Proof of Service

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Nov. 10, 2014 PACER
20

NOTICE AND ORDER for Early Neutral Evaluation Conference. Telephonic Early Neutral Evaluation set for 12/18/2014 02:30 PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 11/10/2014.(sjt) (Entered: 11/12/2014)

Nov. 10, 2014 PACER
21

AFFIDAVIT in Support re 8 MOTION for Preliminary Injunction of Rachel Stevens filed by Prison Legal News. (Galvan, Ernest) (sjt). (Entered: 12/12/2014)

Dec. 12, 2014 PACER
22

AFFIDAVIT in Support re 8 MOTION for Preliminary Injunction of Carrie Wilkinson filed by Prison Legal News. (Galvan, Ernest) (sjt). (Entered: 12/12/2014)

Dec. 12, 2014 PACER
23

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 22 Affidavit in Support of Motion, 21 Affidavit in Support of Motion, from Plaintiff Prison Legal News. Non-compliance with local rule(s), ECF 2(g): Documents in support of motion must be filed as attachments to the motion, ECF 2(k): Exhibits not filed as separate attachments and missing table of contents of exhibits, Civ. L. Rule 5.2 and EFC 2(d): No Proof of Service. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 12/15/2014.(sjt) (Entered: 12/15/2014)

Dec. 15, 2014 PACER
25

Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Early Neutral Evaluation Conference held on 12/18/2014. The case did not settle. Order to follow. (no document attached) (ma) (Entered: 12/23/2014)

Dec. 18, 2014 PACER
24

RESPONSE in Opposition re 8 MOTION for Preliminary Injunction Defendants' Memorandum of Points and Authorities In Opposition to Motion for Preliminary Injunction filed by Will Brown, County of San Diego, William D. Gore, Rich Miller. (Attachments: # 1 Notice of Lodgment In Support of Defendants' Opposition to Preliminary Injunction, # 2 Declaration of Detective THomas J. Byrne In Support of Defendants' Opposition to Preliminary Injunction, # 3 Declaration of Deputy Ricardo Gallegos In Support of Defendants' Opposition to Preliminary Injunction, # 4 Declaration of Deputy John Gehris In Support of Defendants' Opposition to Preliminary Injunction, # 5 Declaration of Deputy Kyle HeinenIn Support of Defendants' Opposition to Preliminary Injunction, # 6 Declaration of Deputy Scott Lord In Support of Defendants' Opposition to Preliminary Injunction, # 7 Declaration of Deputy Manda Maeda In Support of Defendants' Opposition to Preliminary Injunction, # 8 Declaration of Rich Miller In Support of Defendants' Opposition to Preliminary Injunction, # 9 Declaration of Deputy Ronnie McFadden In Support of Defendants' Opposition to Preliminary Injunction, # 10 Proof of Service)(Chapin, James) (sjt). (Entered: 12/22/2014)

1 Notice of Lodgment In Support of Defendants' Opposition to Preliminary Inju

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2 Declaration of Detective THomas J. Byrne In Support of Defendants' Oppositi

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3 Declaration of Deputy Ricardo Gallegos In Support of Defendants' Opposition

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4 Declaration of Deputy John Gehris In Support of Defendants' Opposition to P

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5 Declaration of Deputy Kyle HeinenIn Support of Defendants' Opposition to Pr

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6 Declaration of Deputy Scott Lord In Support of Defendants' Opposition to Pr

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7 Declaration of Deputy Manda Maeda In Support of Defendants' Opposition to P

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8 Declaration of Rich Miller In Support of Defendants' Opposition to Prelimin

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9 Declaration of Deputy Ronnie McFadden In Support of Defendants' Opposition

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10 Proof of Service

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Dec. 22, 2014 PACER
26

Order Following ENE. Early Neutral Evaluation Conference held on 12/18/2014. Telephonic Case Management Conference set for 2/13/2015 10:00 AM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 12/23/2014.(sjt) (Entered: 12/23/2014)

Dec. 23, 2014 PACER
27

REPLY to Response to Motion re 8 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Index of Exhibits Filed in Support of Plaintiff's Reply on Motion for Preliminary Injunction, # 2 Declaration of John L. Clark in Support of Plaintiff's Reply on Motion for Preliminary Injunction, # 3 Table of Contents of Exhibits to Reply Declaration of John L. Clark, # 4 Exhibit A to Reply Declaration of John L. Clark, # 5 Exhibit B to Reply Declaration of John L. Clark, # 6 Declaration of Paul Wright in Support of Plaintiff's Reply on Motion for Preliminary Injunction, # 7 Table of Contents of Exhibits to Reply Declaration of Paul Wright, # 8 Exhibit A to Reply Declaration of Paul Wright, # 9 Declaration of Ellen Marks in Support of Plaintiff's Reply on Motion for Preliminary Injunction, # 10 Table of Contents of Exhibits to Declaration of Ellen Marks, # 11 Exhibit A to Reply Declaration of Ellen Marks, # 12 Declaration of Jeffrey Woodfork, # 13 Supplemental Declaration of Jeffrey Woodfork, # 14 Declaration of Michael Anthony Jones, # 15 Supplemental Declaration of Michael Anthony Jones, # 16 Evidentiary Objections to Evidence Submitted by Defendants in Opposition to Plaintiff's Motion for Preliminary Injunction, # 17 Proof of Service)(Thompson, Robert) (sjt). (Entered: 01/19/2015)

1 Index of Exhibits Filed in Support of Plaintiff's Reply on Motion for Prel

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2 Declaration of John L. Clark in Support of Plaintiff's Reply on Motion for

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3 Table of Contents of Exhibits to Reply Declaration of John L. Clark

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4 Exhibit A to Reply Declaration of John L. Clark

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5 Exhibit B to Reply Declaration of John L. Clark

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6 Declaration of Paul Wright in Support of Plaintiff's Reply on Motion for Pr

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7 Table of Contents of Exhibits to Reply Declaration of Paul Wright

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8 Exhibit A to Reply Declaration of Paul Wright

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9 Declaration of Ellen Marks in Support of Plaintiff's Reply on Motion for Pr

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10 Table of Contents of Exhibits to Declaration of Ellen Marks

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11 Exhibit A to Reply Declaration of Ellen Marks

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12 Declaration of Jeffrey Woodfork

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13 Supplemental Declaration of Jeffrey Woodfork

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14 Declaration of Michael Anthony Jones

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15 Supplemental Declaration of Michael Anthony Jones

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16 Evidentiary Objections to Evidence Submitted by Defendants in Opposition to Pla

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17 Proof of Service

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Jan. 19, 2015 PACER
28

**DOCUMENT STRICKEN PER ORDER 31 ** Corporate Disclosure Statement by Prison Legal News. (Thompson, Blake) (sjt). (Main Document 28 replaced on 1/23/2015) Modified to Strike on 1/23/2015 (sjt). (Entered: 01/22/2015)

Jan. 22, 2015 PACER
29

OBJECTION re 27 Reply to Response to Motion Defendants' Opposition to Objections to Evidence filed by Will Brown, County of San Diego, William D. Gore, Rich Miller. (Attachments: # 1 Proof of Service)(Chapin, James) (sjt). (Entered: 01/22/2015)

1 Proof of Service

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Jan. 22, 2015 PACER
30

OBJECTION re 27 Reply to Response to Motion,,,,, Defendants' Objections to Plaintiff's Evidence filed by Will Brown, County of San Diego, William D. Gore, Rich Miller. (Attachments: # 1 Proof of Service)(Chapin, James) Modified on 1/23/2015 (sjt). (Entered: 01/22/2015)

Jan. 22, 2015 PACER
31

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 28 Corporate Disclosure Statement, from Plaintiff Prison Legal News. Non-compliance with local rule(s), Civ. L. Rule 5.2 and EFC 2(d): No Proof of Service. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 1/23/2015.(sjt) (Additional attachment(s) added on 1/23/2015: # 1 Rejected Document) (sjt). (Entered: 01/23/2015)

Jan. 23, 2015 PACER
32

Corporate Disclosure Statement by Prison Legal News. (Attachments: # 1 Proof of Service)(Thompson, Blake) (sjt). (Entered: 01/23/2015)

1 Proof of Service

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Jan. 23, 2015 PACER
33

**DOCUMENT STRICKEN PER ORDER 35 ** NOTICE OF RELATED CASE(S) by Prison Legal News of case(s) 3:13-cv-02092-WQH-PCL . (Galvan, Ernest) (Low-number Order not prepared, association does not meet criteria)) (sjt). (Main Document 33 replaced on 2/12/2015) (sjt). Modified to strike on 2/12/2015 (sjt). (Entered: 02/11/2015)

Feb. 11, 2015 PACER
34

**DOCUMENT STRICKEN PER ORDER 36 ** NOTICE of Appearance by Jenny Snay Yelin on behalf of Prison Legal News (Yelin, Jenny)Attorney Jenny Snay Yelin added to party Prison Legal News(pty:pla)(sjt). (Main Document 34 replaced on 2/12/2015) (sjt). Modified to Strike on 2/12/2015 (sjt). (Entered: 02/12/2015)

Feb. 12, 2015 PACER
35

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 33 Notice of Related Case,, from Plaintiff Prison Legal News. Non-compliance with local rule(s), Civ. L Rule 5.2 and ECF § 2(d): No proof of service. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 2/12/2015.(sjt) (Additional attachment(s) added on 2/12/2015: # 1 Rejected Document) (sjt). (Entered: 02/12/2015)

Feb. 12, 2015 PACER
36

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 34 Notice of Appearance,, from Plaintiff Prison Legal News. Non-compliance with local rule(s), Civ. L Rule 5.2 and ECF § 2(d): No proof of service. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 2/12/2015.(sjt) (Additional attachment(s) added on 2/12/2015: # 1 Rejected Document) (sjt). (Entered: 02/12/2015)

Feb. 12, 2015 PACER
37

NOTICE of Appearance by Jenny Snay Yelin on behalf of Prison Legal News (Attachments: # 1 Proof of Service of Notice of Appearance)(Yelin, Jenny)Attorney Jenny Snay Yelin added to party Prison Legal News(pty:pla) (sjt). (Entered: 02/12/2015)

1 Proof of Service of Notice of Appearance

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Feb. 12, 2015 PACER
38

NOTICE OF RELATED CASE(S) by Prison Legal News of case(s) 3:13-cv-02092-WQH-PCL . (Attachments: # 1 Proof of Service of Notice of Putative Related Case)(Galvan, Ernest)(Low-number Order not prepared, association does not meet criteria)(sjt). (Entered: 02/12/2015)

Feb. 12, 2015 PACER
39

Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Case Management Conference held on 2/13/2015. Order to follow. (no document attached) (ma) (Entered: 02/13/2015)

Feb. 13, 2015 PACER
40

SCHEDULING ORDER: Mandatory Settlement Conference set for 3/9/2016 09:30 AM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 5/16/2016. Final Pretrial Conference set for 5/23/2016 11:00 AM before Judge M. James Lorenz. Signed by Magistrate Judge Nita L. Stormes on 2/13/2015.(sjt) (Entered: 02/13/2015)

Feb. 13, 2015 PACER
41

AFFIDAVIT of Service for Notice of Putative Related Case [Dkt. No. 38] served on Bruce Jones; Stephanie E. Kish, Senior Deputy County Counsel on February 24, 2015, filed by Prison Legal News. (Galvan, Ernest) (sjt). (Entered: 02/24/2015)

Feb. 24, 2015 PACER
42

NOTICE OF RELATED CASE(S) by Prison Legal News of case(s) 3:14-cv-0102-BAS-KSC . (Attachments: # 1 Proof of Service on counsel for Defendants, # 2 Proof of Service on parties and counsel in Brown v. Gore)(Galvan, Ernest) (Low-number Order not prepared, association does not meet criteria) (sjt). (Entered: 02/26/2015)

Feb. 26, 2015 PACER
43

ORDER granting in part and denying in part 8 Motion for Preliminary Injunction. Signed by Judge M. James Lorenz on 5/7/2015. (sjt) (Entered: 05/07/2015)

May 7, 2015 PACER
44

Joint MOTION for Extension of Time to Amend Pleadings and for Addition of Parties by Prison Legal News. (Attachments: # 1 Proposed Order Granting Joint Motion For Extension of Time for Amendment of Pleadings, Addition of Parties, # 2 Proof of Service Certificate of Service)(Yelin, Jenny)(sjt). (Entered: 05/15/2015)

May 15, 2015 PACER
45

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 44 Joint MOTION for Extension of Time to Amend Pleadings and for Addition of Parties, from Plaintiff Prison Legal News. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 5/18/2015.(sjt) (Entered: 05/18/2015)

May 18, 2015 PACER
46

ORDER granting 44 Joint Motion for Extension of Time to Amend or File Pleadings to June 15, 2015. Signed by Judge M. James Lorenz on 5/18/2015. (sjt) (Entered: 05/18/2015)

May 18, 2015 PACER
47

NOTICE OF INTERLOCUTORY APPEAL to the 9th Circuit as to 43 Order granting in part and denying in part Motion for Preliminary Injunction, by Will Brown, County of San Diego, William D. Gore, Rich Miller. (Filing fee $ 505 receipt number 0974-8138033.) (Attachments: # 1 Representation Statement, # 2 Proof of Service)(Chapin, James). (Modified on 6/5/2015 to edit docket text re linked Order and re attachment #1.) (akr). (Entered: 06/05/2015)

June 5, 2015 PACER
48

USCA Case Number 15-55860 for 47 Notice of Interlocutory Appeal to 9th Circuit, filed by Rich Miller, Will Brown, County of San Diego, William D. Gore. (akr) (Entered: 06/05/2015)

June 5, 2015 PACER
49

USCA Time Schedule Order as to 47 Notice of Interlocutory Appeal to 9th Circuit, filed by Rich Miller, Will Brown, County of San Diego, William D. Gore. (akr) (Entered: 06/05/2015)

June 5, 2015 PACER
50

Joint MOTION for Extension of Time to Amend Pleadings and for Addition of Parties by Prison Legal News. (Attachments: # 1 Proposed Order Granting Joint Motion For Extension of Time for Amendment of Pleadings, Addition of Parties, # 2 Proof of Service of Joint Motion for Extension of Time for Amendment of Pleadings, Addition of Parties)(Yelin, Jenny) (sjt). (Entered: 06/11/2015)

June 11, 2015 PACER
51

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 50 Joint MOTION for Extension of Time to Amend Pleadings and for Addition of Parties, from Plaintiff Prison Legal News. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 6/12/2015.(sjt) (Entered: 06/12/2015)

June 12, 2015 PACER
52

ORDER granting 50 Joint Motion for Extension of Time to Amend or File Pleadings. The Court extends the June 15, 2015 deadline to join other parties, to amend the pleadings, or to file additional pleadings to July 15, 2015. Signed by Judge M. James Lorenz on 6/12/2015. (sjt) (Entered: 06/12/2015)

June 12, 2015 PACER
53

Joint MOTION to Approve Stipulation re: Monell Liability by Prison Legal News. (Attachments: # 1 Proof of Service of Joint Motion to Approve Stipulation Re: Monell Liability)(Yelin, Jenny) (sjt). (Entered: 07/01/2015)

July 1, 2015 PACER
54

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 53 Joint MOTION to Approve Stipulation re: Monell Liability, from Plaintiff Prison Legal News. Non-compliance with local rule(s), ECF § 2(k): Exhibit not filed as separate attachment. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 7/2/2015.(sjt) (Entered: 07/02/2015)

July 2, 2015 PACER
55

**DOCUMENT STRICKEN PER ORDER 56 ** NOTICE of Change of Address by Jenny Snay Yelin (Yelin, Jenny) (Discrepancy Pending) (sjt). (Main Document 55 replaced on 9/29/2015) (sjt). Modified to Strike on 9/29/2015 (sjt). (Entered: 09/28/2015)

Sept. 28, 2015 PACER
56

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 55 Notice of Change of Address, from Plaintiff Prison Legal News. Non-compliance with local rule(s), ECF 1(f): An attorney whose e-mail address, mailing address, telephone or fax number has changed must update the information through the CM/ECF utility menu, Civ. L Rule 5.2 and ECF § 2(d): No proof of service. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 9/29/2015.(sjt) (Additional attachment(s) added on 9/29/2015: # 1 Rejected Document) (sjt). (Entered: 09/29/2015)

Sept. 29, 2015 PACER
57

NOTICE of Change of Address by Jenny Snay Yelin (Attachments: # 1 Proof of Service of Notice of Change of Address)(Yelin, Jenny) (sjt). (Entered: 10/02/2015)

Oct. 2, 2015 PACER
58

**DOCUMENT STRICKEN PER ORDER 59 ** Joint MOTION for Settlement Approval (for Settlement Agreement of Equitable Claims) by Prison Legal News. (Attachments: # 1 [Proposed] Order Approving and Entering Settlement Agreement and Retaining Jurisdiction, # 2 Proof of Service)(Galvan, Ernest) (sjt). (Main Document 58 replaced on 11/18/2015) (sjt). Modified to strike on 11/18/2015 (sjt). (Entered: 11/17/2015)

Nov. 17, 2015 PACER
59

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 58 Joint MOTION for Settlement Approval (for Settlement Agreement of Equitable Claims), from Plaintiff Prison Legal News. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature, ECF 2(f): Joint Motion Missing Signature Certification, ECF § 2(k): Exhibit not filed as separate attachment. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 11/17/2015.(sjt) (Additional attachment(s) added on 11/18/2015: # 1 Rejected Document) (sjt). (Entered: 11/18/2015)

Nov. 18, 2015 PACER
60

Joint MOTION for Settlement Approval (for Settlement Agreement of Equitable Claims) by Prison Legal News. (Attachments: # 1 Exhibit 1, # 2 Proof of Service of Joint Motion for Approval of Settlement Agreement of Equitable Claims)(Galvan, Ernest) (sjt). (Entered: 11/18/2015)

1 Exhibit 1

View on RECAP

2 Proof of Service of Joint Motion for Approval of Settlement Agreement of Equitab

View on PACER

Nov. 18, 2015 PACER
61

ORDER of USCA as to 47 Notice of Interlocutory Appeal to 9th Circuit, filed by Rich Miller, Will Brown, County of San Diego, William D. Gore. The USCA is in receipt of the parties' Joint Motion for Dismissal. Pursuant to the agreement of the parties, this appeal is voluntarily dismissed. The parties agree to bear their own costs and attorneys' fees on appeal. A copy of this order shall serve as and for the mandate of the USCA. (akr) (Entered: 11/23/2015)

Nov. 23, 2015 PACER
62

ORDER granting 60 Motion for for Settlement Approval of Equitable Claims. Signed by Judge Thomas J. Whelan for Judge M. James Lorenz on 12/2/2015. (sjt) (Entered: 12/07/2015)

Dec. 4, 2015 PACER
63

**DOCUMENT STRICKEN PER ORDER 66 ** Joint MOTION to Dismiss Individual Defendants and Damages Claims; to Retain Jurisdiction Over Settlement re 62 Order on Motion for Settlement, 60 Joint MOTION for Settlement Approval (for Settlement Agreement of Equitable Claims) by Prison Legal News. (Attachments: # 1 Proof of Service)(Galvan, Ernest) (sjt). (Main Document 63 replaced on 3/17/2016) (sjt). Modified to Strike on 3/17/2016 (sjt). (Entered: 03/07/2016)

March 7, 2016 PACER
64

Joint MOTION To Cancel Mandatory Settlement Conference and Pretrial Conference Dates by Will Brown, County of San Diego, William D. Gore, Rich Miller. (Chapin, James)(sjt). (Entered: 03/07/2016)

March 7, 2016 PACER
65

In light of the parties' representation that they settled all claims in this matter, the court vacates the Mandatory Settlement Conference set for 3/9/2016. Signed by Magistrate Judge Nita L. Stormes on 3/7/2016.(no document attached) (ecp) (Entered: 03/07/2016)

March 7, 2016 PACER
66

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 63 Joint MOTION to Dismiss Individual Defendants and Damages Claims; to Retain Jurisdiction Over Settlement re 62 Order on Motion for Settlement, 60 Joint MOTION for Settlement Approval (for Settlement Agreement of Equitable Claims), from Plaintiff Prison Legal News. Non-compliance with local rule(s), Failure to comply with chambers rules regarding retaining jurisdiction over settlement after dismissal. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 3/8/2016.(sjt) (Additional attachment(s) added on 3/17/2016: # 1 Rejected Document) (sjt). (Entered: 03/17/2016)

March 8, 2016 PACER
67

**DOCUMENT STRICKEN PER ORDER 69 ** Joint MOTION to Dismiss Party Individual Defendants and Claims for Damages, and for Retained Jurisdiction by Magistrate Judge by Prison Legal News. (Attachments: # 1 Appendix Consent to Jurisdiction of Magistrate Judge, # 2 Proof of Service)(Galvan, Ernest) (sjt). (Main Document 67 replaced on 4/15/2016) (sjt). Modified to strike on 4/15/2016 (sjt). (Entered: 04/12/2016)

April 12, 2016 PACER
68

In light of the settlement, the court grants the joint motion to vacate the Pretrial Conference. Signed by Magistrate Judge Nita L. Stormes on 4/14/16.(no document attached) (ecp) (Entered: 04/14/2016)

April 14, 2016 PACER
69

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 67 Joint MOTION to Dismiss Party Individual Defendants and Claims for Damages, and for Retained Jurisdiction by Magistrate Judge, from Plaintiff Prison Legal News. Non-compliance with local rule(s), ECF 2(g): Multiple pleadings in one docket entry not filed Separately, Civ. L. Rule 73.1(b): Consent to magistrate jurisdiction not signed by all parties. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 4/13/2016.(sjt) (Additional attachment(s) added on 4/15/2016: # 1 Rejected Document) (sjt). (Entered: 04/15/2016)

April 15, 2016 PACER
70

**DOCUMENT STRICKEN PER ORDER 72 ** Joint MOTION Joint Consent to Magistrate Judge Jurisdiction by Prison Legal News. (Attachments: # 1 Proof of Service)(Galvan, Ernest) (sjt). (Main Document 70 replaced on 5/3/2016) (sjt). Modified to Strike on 5/3/2016 (sjt). (Entered: 05/02/2016)

May 2, 2016 PACER
71

**DOCUMENT STRICKEN PER ORDER 72 ** Joint MOTION to Dismiss Party and to Retain Jurisdiction by Prison Legal News. (Attachments: # 1 Proof of Service)(Galvan, Ernest) (sjt). (Main Document 71 replaced on 5/3/2016) (sjt). Modified to Strike on 5/3/2016 (sjt). (Entered: 05/02/2016)

May 2, 2016 PACER
72

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 71 Joint MOTION to Dismiss Party and to Retain Jurisdiction, 70 Joint MOTION Joint Consent to Magistrate Judge Jurisdiction, from Plaintiff Prison Legal News. Non-compliance with local rule(s), Civ. L. R. 73.1(b): Consent to magistrate jurisdiction not signed by all parties. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 5/3/2016.(sjt) (Additional attachment(s) added on 5/3/2016: # 1 Rejected Document 70, # 2 Rejected Document 71) (sjt). (Entered: 05/03/2016)

May 3, 2016 PACER
73

NOTICE of Joint Consent to Magistrate Judge Jurisdiction by Prison Legal News (Attachments: # 1 Proof of Service)(Galvan, Ernest) (sjt). (Entered: 05/13/2016)

May 13, 2016 PACER
74

Joint MOTION to Dismiss Party and to Retain Jurisdiction by Prison Legal News. (Attachments: # 1 Proof of Service)(Galvan, Ernest) (sjt). (Entered: 05/13/2016)

May 13, 2016 PACER
75

ORDER granting 74 Motion to Dismiss. The Joint Motion is granted pursuant to Federal Rule of Civil Procedure 41(a). Defendants Rich Miller, in his individual and official capacity, Will Brown, in his individual and official capacity, Does 1-10 in their individual and official capacities and William D. Gore in his individual capacity are Dismissed with Prejudice. Pursuant to 28 U.S.C. §636(c) and Civil Local Rule 72.1, the Consent is Approved The Magistrate Judge shall retain jurisdiction over all disputes between and among the parties arising out of the Settlement, including but not limited to the interpretation and enforcement of its terms. Signed by Judge M. James Lorenz on 5/17/2016. (sjt) (Entered: 05/18/2016)

May 18, 2016 RECAP
76

Notice of Hearing - Dismissal for Want of Prosecution Pursuant to LR 41.1. Dismissal for Want of Prosecution Pursuant to LR 41.1 Hearing set for 2/26/2018 at 11:00AM in Courtroom 5B before Judge M. James Lorenz. (cge) (Entered: 01/22/2018)

Jan. 22, 2018 PACER
77

Joint MOTION Vacate Hearing Date re 76 Notice of Hearing - Dismissal per LR 41.1 by Prison Legal News. (Attachments: # 1 Proof of Service)(Galvan, Ernest) (sjt). (Entered: 01/24/2018)

Jan. 24, 2018 PACER
78

ORDER denying 77 Joint Motion to Vacate Hearing Date. Signed by Judge M. James Lorenz on 1/26/2018. (sjt) (Entered: 01/26/2018)

Jan. 26, 2018 PACER
79

Joint MOTION for Judgment to Be Entered With Reservation of Jurisdiction by Prison Legal News. (Attachments: # 1 Proposed Judgment)(Galvan, Ernest) (sjt). (Entered: 02/06/2018)

1 Proposed Judgment

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Feb. 6, 2018 RECAP
80

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 79 Joint MOTION for Judgment to Be Entered With Reservation of Jurisdiction, from Plaintiff Prison Legal News. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature, Civ. L Rule 5.2 and ECF § 2(d): No Proof of Service. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 2/7/2018.(sjt) (Entered: 02/07/2018)

Feb. 7, 2018 PACER
81

Order Granting Joint Motion for Entry of Judgment and Stipulated JUDGMENT. This action is hereby dismissed subject to the following reservation of jurisdiction: The Magistrate Judge shall retain jurisdiction over all disputes between and among the parties arising out of the settlement agreement, including but not limited to the interpretation and enforcement of the terms of the settlement agreement. Signed by Judge M. James Lorenz on 2/7/2018.(sjt) (jao). (Entered: 02/07/2018)

Feb. 7, 2018 RECAP

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: Oct. 10, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prison Legal News, a project of the Human Rights Defense Center, is a monthly magazine that reports on criminal justice issues and prison and jail-related civil litigation.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of San Diego (San Diego), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

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

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: 0

Order Duration: 2015 - 2021

Content of Injunction:

Implement complaint/dispute resolution process

Preliminary relief denied

Preliminary relief granted

Required disclosure

Issues

General:

Mail

Search policies

Type of Facility:

Government-run