Case: Prison Legal News v. Stolle

2:13-cv-00424 | U.S. District Court for the Eastern District of Virginia

Filed Date: July 31, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 31, 2013, Prison Legal News, represented by private and in-house counsel, filed this lawsuit in the Eastern District of Virginia. PLN sued the Virginia Beach Correctional Center (VBCC) under 42 U.S.C. § 1983 for declaratory and injunctive relief and monetary damages. PLN claimed that VBCC has been censoring the monthly publication, books, and other correspondence that the plaintiff has sent to prisoners. PLN alleged violations of the first and fourteenth amendments for failure to provid…

On July 31, 2013, Prison Legal News, represented by private and in-house counsel, filed this lawsuit in the Eastern District of Virginia. PLN sued the Virginia Beach Correctional Center (VBCC) under 42 U.S.C. § 1983 for declaratory and injunctive relief and monetary damages. PLN claimed that VBCC has been censoring the monthly publication, books, and other correspondence that the plaintiff has sent to prisoners. PLN alleged violations of the first and fourteenth amendments for failure to provide timely notification and adequate reasons for disapproval decisions, loss of rights to communicate with willing recipients, and failure to conduct an independent review of censorship decisions.

PLN claimed that since August 2011, it had sent prisoners in custody of VBCC sample and monthly issues of Prison Legal News, information brochure packets, a book titled Protecting Your Health, and copies of Clement v. California Department of Corrections. Prior to April 2012, the prisoners were permitted to receive these publications from PLN. However, starting in April 2012, PLN began receiving returned items it had mailed to prisoners at VBCC stamped or handwritten with "Return to Sender," "Not Here," or "Refused." According to the Mail Restriction Forms given to the inmates, the items had been censored because the advertisements contained "sexually explicit material" and ordering forms with prices, which are not permitted at VBCC.

On December 8, 2014, the court granted summary judgment in favor of the defendants on the issue of banning ordering forms with prices. The court took the challenge to sexually explicit materials ban under advisement and denied the defendants' motion for summary judgment related to PLN's alleged due process violations. Additionally, the court granted the defendants' motion for summary judgment on PLN's claims seeking money damages due to the defendant's qualified immunity. 2014 WL 6982470.

During the litigation, the defendants revised their policies on banning "sexually explicit" publications and the appeals process regarding censorship decisions.

On March 31, 2015, the court granted PLN's original motion for summary judgment regarding the defendant's former policy of banning "sexually explicit" publications. The court permanently enjoined the defendants from reverting to their former policy. The court also granted PLN's second motion for summary judgment regarding the claim the defendant's former publication review policies failed to provide adequate notice and an opportunity to be heard as to censorship decisions. The court permanently enjoined the defendants from reverting to these former policies as well. 2015 WL 1487190.

On May 4, 2015, the parties settled and the court approved the joint consent order. The parties settled all issues except attorney's fees, which they asked the court to resolve. On September 8, 2015, the court awarded $85,189 in attorney's fees and $8,731.10 in litigation expenses. 129 F.Supp.3d 390. The court arrived at this award by estimating the total attorney's fees and reducing them by 45% to account for plaintiff's failure to obtain money damages.

Plaintiffs appealed to the United States Court of Appeals for the Fourth Circuit, arguing that the district court abused its discretion by reducing plaintiff's attorney's fees by 45%. In an unpublished per curiam opinion, the Fourth Circuit rejected plaintiff's claim. The Fourth Circuit found that the district court did not abuse its discretion because it "explained in detail" how it arrived at the fee award based on the plaintiff's failure to obtain money damages. 2017 WL 888234.

Summary Authors

Anna Jones (11/21/2015)

Timothy Leake (10/18/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5225752/parties/prison-legal-news-v-stolle/


Judge(s)

Davis, Mark Steven (Virginia)

Attorneys(s) for Plaintiff

Fogel, Jeffrey E. (Virginia)

Jack, Robert Erle (Florida)

Rosenfield, Steven David (Virginia)

Weber, Lance Theodore (Florida)

Attorneys(s) for Defendant

Rosen, Jeff Wayne (Virginia)

Judge(s)

Davis, Mark Steven (Virginia)

Attorneys(s) for Plaintiff

Fogel, Jeffrey E. (Virginia)

Jack, Robert Erle (Florida)

Rosenfield, Steven David (Virginia)

Weber, Lance Theodore (Florida)

Attorneys(s) for Defendant

Rosen, Jeff Wayne (Virginia)

Documents in the Clearinghouse

Document

2:13-cv-00424

Docket [PACER]

April 13, 2017

April 13, 2017

Docket
1

2:13-cv-00424

Complaint and Jury Demand

July 30, 2013

July 30, 2013

Complaint
17

2:13-cv-00424

First Amended Complaint and Jury Demand

March 26, 2014

March 26, 2014

Complaint
65

2:13-cv-00424

Opinion and Order

2014 WL 6982470

Dec. 8, 2014

Dec. 8, 2014

Order/Opinion
84

2:13-cv-00424

Opinion and Order

2015 WL 1487190

March 31, 2015

March 31, 2015

Order/Opinion
87

2:13-cv-00424

Joint Consent Order

U.S. District Court for the Western District of Virginia

May 4, 2015

May 4, 2015

Order/Opinion
106

2:13-cv-00424

Opinion and Order

129 F.Supp.3d 390, 2015 WL 5285736

Sept. 8, 2015

Sept. 8, 2015

Order/Opinion
39

2:13-cv-00424

Opinion (Fourth Circuit Court of Appeals)

U. S. Court of Appeals for the Fourth Circuit

681 Fed.Appx. 182

March 6, 2017

March 6, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5225752/prison-legal-news-v-stolle/

Last updated Aug. 5, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John Does 1-10, Ken Stolle ( Filing fee $ 400, receipt number 24683020313.), filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Receipt)(afar) (Entered: 07/31/2013)

1 Civil Cover Sheet

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2 Letter

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3 Receipt

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July 30, 2013

July 30, 2013

PACER
2

Financial Interest Disclosure Statement (Local Rule 7.1) by Prison Legal News. (afar) (Entered: 07/31/2013)

July 30, 2013

July 30, 2013

PACER
3

Summons Issued as to Ken Stolle. (afar) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER
4

NOTICE of Appearance by Jeff Wayne Rosen on behalf of Ken Stolle (Rosen, Jeff) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
5

AGREED ORDER that defendant Stolle has until 9/16/13 to file his response to the complaint. Signed by District Judge Mark S. Davis on 8/23/13. (afar) (Entered: 08/27/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
6

ANSWER to 1 Complaint and Affirmative Defenses by Ken Stolle.(Rosen, Jeff) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER

Refer for 16(b) (afar)

Sept. 12, 2013

Sept. 12, 2013

PACER
7

First Motion to appear Pro Hac Vice by Lance Weber and Certification of Local Counsel Jeffrey E. Fogel Filing fee $ 75, receipt number 0422-3667652. by Prison Legal News. (Fogel, Jeffrey) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

PACER

Notice of Correction re 7 First Motion to appear Pro Hac Vice by Lance Weber and Certification of Local Counsel Jeffrey E. Fogel: The document does not contain the signature of the applicant. Local counsel must file a corrected motion and attach a new document with the actual written signature of the applicant. Counsel should not pay a second fee. (tlev, )

Sept. 16, 2013

Sept. 16, 2013

PACER
8

Motion to appear Pro Hac Vice by Lance Weber and Certification of Local Counsel Jeffrey E. Fogel by Prison Legal News. (Fogel, Jeffrey) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

PACER
9

ORDER granting 8 Motion for Pro hac vice for Lance Theodore Weber as to Prison Legal News. Signed by District Judge Mark S. Davis on 09/23/13. (tlev, ) (Entered: 09/25/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
10

RULE 26(f) PRETRIAL ORDER: 16(b) Scheduling Conference set for 10/28/2013 at 09:00 AM in Norfolk. Signed by Magistrate Judge Douglas E. Miller on 10/8/13, filed 10/15/13. (vwar) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER

Scheduling Conference - Rule 16b held on 10/28/2013. (vwar)

Oct. 28, 2013

Oct. 28, 2013

PACER
11

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference set for 6/13/2014 at 11:00 AM in Norfolk. Jury Trial set for 6/24/2014 at 10:00 AM in Norfolk Courtroom 5 before District Judge Mark S. Davis. Signed by District Judge Mark S. Davis on 10/28/13, filed 10/29/13. (vwar) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

PACER

Settlement Conference set for 2/11/2014 at 11:00 AM in Chambers before Magistrate Judge Douglas E. Miller. (lwoo)

Nov. 4, 2013

Nov. 4, 2013

PACER

Reset Hearings: Settlement Conference set for 4/10/2014 at 11:00 AM in Chambers before Magistrate Judge Douglas E. Miller. (cdod, )

Feb. 5, 2014

Feb. 5, 2014

PACER
12

Settlement Conference Order that all parties and their lead counsel are required to appear at the U.S. District Court, 600 Granby Street, Norfolk, VA at 11:00 a.m. on 4/10/2014for the purpose of conducting discussions towards a compromised resolution of this case; EACH PARTY MUST BRING TO THE SETTLEMENT CONFERENCE A PERSON WITH FULL AND COMPLETE AUTHORITY TO SETTLE THE CASE; directing the parties to submit a brief memorandum of five pages or less to chambers (do not file in the clerk's office) on 4/8/2014 by noon. (See Order for Specifics). Signed by Magistrate Judge Douglas E. Miller on 2/5/14. (afar) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
13

First MOTION to Amend/Correct Complaint by Prison Legal News. (Fogel, Jeffrey) (Entered: 02/17/2014)

Feb. 17, 2014

Feb. 17, 2014

PACER
14

Brief in Support to 13 First MOTION to Amend/Correct Complaint filed by Prison Legal News. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Fogel, Jeffrey) (Entered: 02/17/2014)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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Feb. 17, 2014

Feb. 17, 2014

PACER

Set/Reset Deadlines as to 13 First MOTION to Amend/Correct Complaint. Telephonic Motion Hearing set for 3/24/2014 at 02:00 PM in Chambers before Magistrate Judge Douglas E. Miller. (afor)

March 17, 2014

March 17, 2014

PACER
15

Minute Entry for telephonic motion hearing re 13 First MOTION to Amend held 3/24/14 before Magistrate Judge Douglas E. Miller. Jeffrey Fogel appeared on behalf of Plaintiff. Jeff Rosen appeared on behalf of Defendant Stolle. Argument of counsel heard. Comments of the Court. Court GRANTS the Motion to Amend. Court to prepare Order. Court in recess. (Court Reporter Janet Collins, OCR.)(lwoo) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

PACER
16

ORDER granting 13 Motion to Amend/Correct The Court GRANTS Plaintiff's Motion for Leave to File Amended Complaint. Plaintiff is DIRECTED to refile the Amended Complaint (ECF No. 14-1) by CM/ECF and prepare the appropriate service copies and summonses for service on the eight newly-identified defendants, and deliver the copies and summonses to the Clerk's Office of this Court to be prepared for service. The Defendant, Ken Stolle, Sheriff for Virginia Beach, shall respond to the Amended Complaint within fourteen (14) days from the date of service through CM/ECF. IT IS SO ORDERED. Signed by Magistrate Judge Douglas E. Miller and filed on 3/24/14. Copies distributed to all parties 3/25/14. (ldab, ) (Entered: 03/25/2014)

March 24, 2014

March 24, 2014

PACER
17

AMENDED COMPLAINT against All Defendants, filed by Prison Legal News.(Fogel, Jeffrey) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
18

Eight Summons Issued as to M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson and mailed to counsel for service. (Attachments: # 1 Magistrate Notice and Judge's Instructions)(bgra) (Entered: 03/31/2014)

1 Magistrate Notice and Judge's Instructions

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March 31, 2014

March 31, 2014

PACER
19

MOTION to Continue by Ken Stolle. (Rosen, Jeff) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
20

Memorandum in Support re 19 MOTION to Continue filed by Ken Stolle. (Rosen, Jeff) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
21

Memorandum in Opposition re 19 MOTION to Continue filed by Prison Legal News. (Fogel, Jeffrey) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
22

RESPONSE in Opposition re 19 MOTION to Continue Defendant Stolle's Reply to Plaintiff's Opposition to Motion to Continue filed by Ken Stolle. (Rosen, Jeff) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
23

ANSWER to Complaint Defendant Sheriff Kenneth W. Stolle's Answer to First Amended Complaint by Ken Stolle.(Rosen, Jeff) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
24

ORDER: The settlement conference is hereby REMOVED from the docket and Counsel only are DIRECTED to appear by telephone at 11:00 a.m. on April 10, 2014 for a status conference to discuss the need for newly added parties to participate, and to reschedule the conference, if necessary. Signed by Magistrate Judge Douglas E. Miller and filed on 4/7/2014. (bgra) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER

Set as to 19 MOTION to Continue . Motion Hearing/ telephone conference set for 4/10/2014 at 11:00 AM before Magistrate Judge Douglas E. Miller. (cdod, )

April 8, 2014

April 8, 2014

PACER
25

NOTICE of Appearance by Jeff Wayne Rosen on behalf of M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Matthew Wilson (Rosen, Jeff) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
26

Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 4/10/2014 re 19 MOTION to Continue filed by Ken Stolle. Matter came on for telephone conference on pending motion to continue trial (#19). Present by telephone were Jeffrey Fogel on behalf of the plaintiff and Jeff Rosen on behalf of the defendants. It appears that Mr. Rosen has now made an appearance on behalf of all new defendants with the exception of A. Torno. There may not be proper service as to Ms. Torno, and she is not currently represented. Mr. Fogel argues why the case would not need to be continued and Mr. Rosen responds. The Court made rulings on the record.The motion to continue is GRANTED. The trial and final pretrial conference in this matter are removed from the calendar. Counsel are directed to contact the courtroom deputy for Judge Davis to reschedule these dates no later than ten days after the last defendant has filed an answer or other responsive pleading. After the trial date is reset a revised 16b order will be prepared. The Court directs counsel to confer with their clients regarding a settlement conference in late May or early June and to contact the court by May 5, 2014 to set a settlement conference to be held in person. The Court directs that each party shall be represented by someone with true settlement authority at the conference. An order will be prepared in this matter. (Court Reporter Janet Collins, OCR.)(cdod, ) (Entered: 04/11/2014)

April 10, 2014

April 10, 2014

PACER
27

ORDER granting 19 Motion to Continue. The trial date of June 24,2014 and the Final Pretrial Date of June 13, 2014 are REMOVED from the Court's docket and the parties are DIRECTED to contact the District Judge's Courtroom Deputy no later than 10 days after the last Defendant has answered, or otherwise responded to the Complaint, to select a new trial date. Signed by Magistrate Judge Douglas E. Miller and filed on 4/10/2014. (bgra) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER
28

ANSWER to Complaint by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Matthew Wilson.(Rosen, Jeff) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
30

One Summons with one copy reissued as to A. Torno and mailed to counsel for service. (Attachments: # 1 Magistrate Judge Notice and Judge's Instructions)(bgra) (Entered: 04/25/2014)

1 Magistrate Judge Notice and Judge's Instructions

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April 22, 2014

April 22, 2014

PACER
29

Amended Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference reset for 11/14/2014 at 10:00 AM in Norfolk. Jury Trial reset for 12/2/2014 at 10:00 AM in Norfolk Courtroom 5 before District Judge Mark S. Davis. Signed by District Judge Mark S. Davis on 4/24/14, filed 4/25/14. (vwar) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER

Settlement Conference set for 5/28/2014 at 02:00 PM in Chambers before Magistrate Judge Douglas E. Miller. (lwoo)

May 2, 2014

May 2, 2014

PACER
31

Settlement Conference Order. Signed by Magistrate Judge Douglas E. Miller on 5/2/14 and filed on 5/2/14. (tbro) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
32

ANSWER to Complaint Answer of Defendant A. Torno to First Amended Complaint by A Torno.(Rosen, Jeff) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
33

Motion to appear Pro Hac Vice by Robert Erle Jack and Certification of Local Counsel Jeffrey E. Fogel Filing fee $ 75, receipt number 0422-3963141. by Prison Legal News. (Fogel, Jeffrey) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

PACER
34

ORDER granting 33 Motion for Pro hac vice for Robert Erle Jack as to Prison Legal News. Signed by District Judge Mark S. Davis on 05/16/14. (tlev, ) (Entered: 05/19/2014)

May 16, 2014

May 16, 2014

PACER
35

MOTION for Summary Judgment on Plaintiff's First Amendment claims by Prison Legal News. (Fogel, Jeffrey) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
36

Memorandum in Support re 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims filed by Prison Legal News. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Fogel, Jeffrey) (Entered: 05/20/2014)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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8 Exhibit Exhibit H

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May 20, 2014

May 20, 2014

PACER
37

AFFIDAVIT in Support re 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims filed by Prison Legal News. (Fogel, Jeffrey) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
38

AFFIDAVIT in Support re 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims filed by Prison Legal News. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, Part 1, # 4 Exhibit Exhibit 3, Part 2)(Fogel, Jeffrey) (Entered: 05/21/2014)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3, Part 1

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4 Exhibit Exhibit 3, Part 2

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May 21, 2014

May 21, 2014

PACER
39

EXHIBIT to Wright Declaration by Prison Legal News.. (Attachments: # 1 Exhibit Exhibit 3, Part 4, # 2 Exhibit Exhibit 3, Part 5)(Fogel, Jeffrey) (Entered: 05/21/2014)

1 Exhibit Exhibit 3, Part 4

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2 Exhibit Exhibit 3, Part 5

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May 21, 2014

May 21, 2014

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40

EXHIBIT to Wright Declaration by Prison Legal News.. (Attachments: # 1 Exhibit Exhibit 3, Part 7, # 2 Exhibit Exhibit 3, Part 8)(Fogel, Jeffrey) (Entered: 05/21/2014)

1 Exhibit Exhibit 3, Part 7

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2 Exhibit Exhibit 3, Part 8

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May 21, 2014

May 21, 2014

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41

EXHIBIT to Wright Declaration by Prison Legal News.. (Attachments: # 1 Exhibit Exhibit 3, Part 10, # 2 Exhibit Exhibit 3, Part 11)(Fogel, Jeffrey) (Entered: 05/21/2014)

1 Exhibit Exhibit 3, Part 10

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2 Exhibit Exhibit 3, Part 11

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May 21, 2014

May 21, 2014

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42

EXHIBIT to Wright Declaration by Prison Legal News.. (Attachments: # 1 Exhibit Exhibit 3, Part 13, # 2 Exhibit Exhibit 3, Part 14)(Fogel, Jeffrey) (Entered: 05/21/2014)

1 Exhibit Exhibit 3, Part 13

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2 Exhibit Exhibit 3, Part 14

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May 21, 2014

May 21, 2014

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43

EXHIBIT to Wright Declaration by Prison Legal News.. (Attachments: # 1 Exhibit Exhibit 5, # 2 Exhibit Exhibit 6, # 3 Exhibit Exhibit 7, # 4 Exhibit Exhibit 8, # 5 Exhibit Exhibit 9)(Fogel, Jeffrey) (Entered: 05/21/2014)

1 Exhibit Exhibit 5

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3 Exhibit Exhibit 7

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4 Exhibit Exhibit 8

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5 Exhibit Exhibit 9

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May 21, 2014

May 21, 2014

PACER
44

MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson. (Attachments: # 1 Exhibit A)(Rosen, Jeff) (Entered: 05/23/2014)

1 Exhibit A

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May 23, 2014

May 23, 2014

PACER
45

Memorandum in Support re 44 MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims filed by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson. (Attachments: # 1 Exhibit A)(Rosen, Jeff) (Entered: 05/23/2014)

1 Exhibit A

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May 23, 2014

May 23, 2014

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MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. 44 MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims (bgra)

May 27, 2014

May 27, 2014

PACER
46

AGREED ORDER granting 44 Motion for Extension of Time to File Response to the Motion for Partial Summary Judgment. It is ORDERED that defendants' time to respond be extended to 6/16/2014. Signed by Magistrate Judge Douglas E. Miller on 5/28/14. (afar) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
47

ORDER DIRECTING the Clerk to assign this case to another Magistrate Judge in this division for purposes of resolving nondispositive or pretrial matters ordinarily referred to magistrate judges in this court. The undersigned shall remain available to the parties for further settlement discussions and conferences as necessary. Signed by Magistrate Judge Douglas E. Miller on 5/28/14. (afar) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER

Case Reassigned to Magistrate Judge Tommy E. Miller. Magistrate Judge Douglas E. Miller no longer assigned to the case. (afar)

May 28, 2014

May 28, 2014

PACER

Settlement Conference held on 5/28/2014 before Magistrate Judge Douglas E. Miller. (lwoo)

May 28, 2014

May 28, 2014

PACER
48

Memorandum in Opposition re 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims filed by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 7-1, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 9-2, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 14-1, # 18 Exhibit 14-2, # 19 Exhibit 14-3, # 20 Exhibit 15, # 21 Exhibit 16, # 22 Exhibit 17, # 23 Exhibit 18, # 24 Exhibit 19, # 25 Exhibit 20)(Rosen, Jeff) (Entered: 06/16/2014)

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11 Exhibit 9-2

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 14-1

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18 Exhibit 14-2

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19 Exhibit 14-3

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20 Exhibit 15

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21 Exhibit 16

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24 Exhibit 19

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25 Exhibit 20

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June 16, 2014

June 16, 2014

PACER
49

MOTION for Summary Judgment Defendants' Motion for Summary Judgment by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson. (Rosen, Jeff) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
50

Memorandum in Support re 49 MOTION for Summary Judgment Defendants' Motion for Summary Judgment filed by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 7-1, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 9-2, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 14-1, # 18 Exhibit 14-2, # 19 Exhibit 14-3, # 20 Exhibit 15, # 21 Exhibit 16, # 22 Exhibit 17, # 23 Exhibit 18, # 24 Exhibit 19, # 25 Exhibit 20)(Rosen, Jeff) (Entered: 06/16/2014)

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 14-1

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19 Exhibit 14-3

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23 Exhibit 18

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24 Exhibit 19

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25 Exhibit 20

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June 16, 2014

June 16, 2014

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51

Request for Hearing by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson re 49 MOTION for Summary Judgment Defendants' Motion for Summary Judgment (Rosen, Jeff) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
52

REPLY to Response to Motion re 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims, 49 MOTION for Summary Judgment Defendants' Motion for Summary Judgment, Memorandum in Opposition to Defendants' Motion for Summary Judgment filed by Prison Legal News. (Attachments: # 1 Exhibit Exhibit I, # 2 Exhibit Exhibit J)(Fogel, Jeffrey) (Entered: 06/23/2014)

1 Exhibit Exhibit I

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2 Exhibit Exhibit J

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June 23, 2014

June 23, 2014

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53

EXHIBIT K by Prison Legal News.. (Fogel, Jeffrey) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

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54

EXHIBIT L by Prison Legal News.. (Fogel, Jeffrey) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

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55

EXHIBIT M by Prison Legal News.. (Fogel, Jeffrey) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

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56

AFFIDAVIT in Opposition re 49 MOTION for Summary Judgment Defendants' Motion for Summary Judgment filed by Prison Legal News. (Fogel, Jeffrey) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
57

EXHIBIT M(2) by Prison Legal News.. (Fogel, Jeffrey) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

PACER
58

REPLY to Response to Motion re 49 MOTION for Summary Judgment Defendants' Motion for Summary Judgment filed by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson. (Rosen, Jeff) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
59

First MOTION to Withdraw as Attorney by Prison Legal News. (Fogel, Jeffrey) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

PACER

MOTION REFERRED to Magistrate Judge Tommy E. Miller. 59 First MOTION to Withdraw as Attorney (ldab, )

Aug. 12, 2014

Aug. 12, 2014

PACER
60

ORDER granting 59 Motion to Withdraw as Attorney. Attorney Robert Erle Jack terminated. Signed by Magistrate Judge Tommy E. Miller on 9/10/2014. (Miller, Tommy) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
61

First MOTION to Continue Trial date for 90 days by Prison Legal News. (Attachments: # 1 Affidavit Declaration of Jeffrey E. Fogel)(Fogel, Jeffrey) (Entered: 10/29/2014)

1 Affidavit Declaration of Jeffrey E. Fogel

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Oct. 29, 2014

Oct. 29, 2014

PACER
62

Consent MOTION to Continue Trial by Prison Legal News. (Rosenfield, Steven) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER
63

ORDER granting 62 Plaintiff's Renewed Consent Motion for Continuance of Trial. Trial is continued to April 14, 2015. Signed by District Judge Mark S. Davis on 11/03/2014. (Davis, Mark) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER
64

ORDER finding as moot 61 Motion to Continue Trial based on the Court's ruling on ECF No. 62. Signed by District Judge Mark S. Davis on 11/03/2014. (Davis, Mark) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER

Final Pretrial Conference reset for 5/1/2015 at 10:00 AM in Norfolk. Jury Trial reset for 5/20/2015 at 10:00 AM in Norfolk Courtroom 5 before District Judge Mark S. Davis. (vwar)

Nov. 5, 2014

Nov. 5, 2014

PACER
65

OPINION AND ORDER re 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims filed by Prison Legal News, 49 MOTION for Summary Judgment Defendants' Motion for Summary Judgment filed by V Ogden, Matthew Wilson, M Brittingham, E Rodriguez, A Torno, Darlene Moore, Ken Stolle, G Havens, V Harris. The Court TAKES UNDER ADVISEMENT the parties' cross motions for summary judgment as to the constitutionality of Defendants' "sexually explicit materials" policy in order to permit additional briefing on such subject. As to the cross motions for summary judgment onDefendants' "ordering form policy," Defendants' motion is GRANTED and Plaintiff's motion is DENIED. The Court GRANTS Defendants' motion for summary judgment to the extent Defendants invoke the doctrine of qualified immunity as to both the ordering form ban and sexually explicit materials ban. All other arguments in support of summary judgment contained in the cross motions are DENIED. Counsel for both parties are INSTRUCTED to meet and confer in person within 21 days of the issuance of this Opinion and Order to discuss whether the resumption of the settlement conference previously conducted in this case would prove fruitful. The parties shall file with the Court, jointly or separately, a "status update" no later than Wednesday, January 7, 2015, indicating their position on whether a briefing schedule should be set by the Court for supplemental summary judgment briefs or whether the parties would prefer to resume settlement discussions with a Magistrate Judge prior to being ordered to submit further briefing on the issue of summary judgment. Copies distributed as directed on 12/9/2014. Signed by District Judge Mark S. Davis on 12/8/2014 and filed on 12/8/2014. (bgra) (Entered: 12/09/2014)

Dec. 8, 2014

Dec. 8, 2014

RECAP
66

NOTICE by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson re 65 Order (Attachments: # 1 Exhibit A)(Rosen, Jeff) (Entered: 12/30/2014)

1 Exhibit A

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Dec. 30, 2014

Dec. 30, 2014

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67

ORDER: It is ORDERED that the time for counsel to meet and confer be extended to January 8, 2015; It is further ORDERED that parties shall file with the Court, jointly or separately, a "status update" no later than January 15, 2015, indicating their position on whether a briefing schedule should be set by the Court for supplemental summary judgment briefs or whether the parties would prefer to resume settlement discussions with a Magistrate Judge prior to being ordered to submit further briefing on the issue of summary. Signed by District Judge Mark S. Davis on 1/5/2014. (bgra) (Entered: 01/06/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
68

Letter Status update. (Rosen, Jeff) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
69

Letter Status update. (Rosenfield, Steven) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

PACER

Settlement Conference set for 1/23/2015 at 02:00 PM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (lwoo)

Jan. 16, 2015

Jan. 16, 2015

PACER
70

Settlement Conference Order. Signed by Magistrate Judge Douglas E. Miller on 1/16/2015. (bgra) (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Continuation of Settlement Conference held on 1/23/2015. (cdod, )

Jan. 23, 2015

Jan. 23, 2015

PACER
71

ORDER: Plaintiff and Defendants are instructed to file a supplemental summary judgment brief on this issue no later than February 25, 2015. Reply briefs, if any, shall be filed no later than March 4, 2015. (See order for Specifics). Signed by District Judge Mark S. Davis on 2/3/2015. (bgra) (Entered: 02/04/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
72

First MOTION Leave to file second partial summary judgment on due process claims by Prison Legal News. (Fogel, Jeffrey) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

PACER
73

Brief in Support to 72 First MOTION Leave to file second partial summary judgment on due process claims filed by Prison Legal News. (Fogel, Jeffrey) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

PACER
74

ORDER granting 72 Plaintiffs' Motion for Leave to File Second Summary Judgment Motion. Signed by District Judge Mark S. Davis on 02/23/2015. (Davis, Mark) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

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75

Brief in Support to 36 Memorandum in Support, Supplemental filed by Prison Legal News. (Attachments: # 1 Exhibit Exhibit A)(Fogel, Jeffrey) (Entered: 02/25/2015)

1 Exhibit Exhibit A

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Feb. 25, 2015

Feb. 25, 2015

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76

Brief in Support to 48 Memorandum in Opposition,, Defendants' Supplemental Brief Re Sexuallty Explicit Materials Policy filed by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Jeff) (Entered: 02/25/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Feb. 25, 2015

Feb. 25, 2015

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77

Second MOTION for Summary Judgment on due process claims by Prison Legal News. (Fogel, Jeffrey) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
78

Memorandum in Support re 77 Second MOTION for Summary Judgment on due process claims filed by Prison Legal News. (Fogel, Jeffrey) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
79

Reply to 75 Brief in Support Defendants' Reply to Plaintiff's Supplemental Memorandum of Law in Support of its Motion for Partial Summary Judgment filed by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-1, # 3 Exhibit 2)(Rosen, Jeff) (Entered: 03/04/2015)

1 Exhibit 1

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2 Exhibit 1-1

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3 Exhibit 2

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March 4, 2015

March 4, 2015

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80

Reply to 76 Brief in Support, and opposition to defendants' supplemental brief filed by Prison Legal News. (Fogel, Jeffrey) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
81

Opposition to 77 Second MOTION for Summary Judgment on due process claims filed by M Brittingham, V Harris, G Havens, Darlene Moore, V Ogden, E Rodriguez, Ken Stolle, A Torno, Matthew Wilson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 9-1)(Rosen, Jeff) (Entered: 03/12/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 9-1

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March 12, 2015

March 12, 2015

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Telephone Conference set for 3/17/2015 at 11:30 AM in Norfolk Judges Chamber before District Judge Mark S. Davis. (vwar)

March 16, 2015

March 16, 2015

PACER
82

Telephone Conference held on 3/17/2015 before District Judge Mark S. Davis. Present on the Telephone: Jeff Fogel, on behalf of the Plaintiff; Jeff Rosen, on behalf of the defendants. Paul McManus, OCR. Comments of Court and counsel.Counsel is directed to send an email to the Courts Clerk by 3/31/15 re: status of issues discussed. (vwar) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
83

REPLY to Response to Motion re 77 Second MOTION for Summary Judgment on due process claims filed by Prison Legal News. (Fogel, Jeffrey) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
84

OPINION AND ORDER granting 35 Motion for Summary Judgment; denying 49 Motion for Summary Judgment; granting 77 Motion for Summary Judgment. PLN's original motion for summary judgment is GRANTED as to the reserved issue regarding the constitutionality of Defendants ' former policy on sexually explicit materials. ECF No. 35. Such former policy is declared unconstitutional as it is overbroad pursuant to the Turner analysis discussed in detail herein. The Sheriff and other named Defendants are hereby permanently ENJOINED from reverting to such policy. Defendants' cross motion for summary judgment on this issue is DENIED. ECF No. 49. PLN's second motion for summary judgment is GRANTED, and it is hereby declared that Defendants' former publication review policies were unconstitutional as they failed to provide adequate notice and an opportunity to be heard as to decisions made by the VBSO to censor a unique monthly publication sent to inmate subscribers. ECF No. 77. The Court likewise grants PLN' s request for injunctive relief, and the Sheriff and other named Defendants are hereby permanently ENJOINED from reverting to the prior policies that failed to provide publishers adequate notice and an opportunity to be heard "when their publications [we]re disapproved for receipt by inmate subscribers." Montcalm Publ' g, 80 F.3d at 106. The parties are hereby afforded fourteen (14) additional days to confer on the issue of monetary damages, and the Court Strongly encourages the parties to meet in person if they are having difficulty reaching an agreement. If the parties have not reached agreement by the end of the fourteen (14) day period, they shall, separately or collectively, file a "Status Update" on the record including comments on whether a continuance of the settlement conference has been scheduled and, if not, whether PLN wish to proceed to a jury trial on the issue of nominal and/or punitive damages. Copies provided as directed.Signed by District Judge Mark S. Davis on 3/31/2015. (bgra) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

RECAP

Case Details

State / Territory: Virginia

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: July 31, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison Legal News is a project of the Human Rights Defense Center, a non-profit whose mission is public and prisoner education, advocacy, and outreach.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virginia Beach Sheriff (Virginia Beach, Norfolk), City

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: $93,920.10

Content of Injunction:

Recordkeeping

Issues

General:

Conditions of confinement

Mail

Records Disclosure

Type of Facility:

Government-run