Case: Prison Legal News v. Jones

3:15-cv-00452 | U.S. District Court for the Eastern District of Tennessee

Filed Date: Oct. 6, 2015

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On October 6, 2015, Prison Legal News (PLN) filed this lawsuit in the United States District Court for the Eastern District of Tennessee (Knoxville) against the Knox County Sheriff’s Office. PLN sued under 42 U.S.C. § 1983, alleging that the defendant violated their First and Fourteenth Amendment rights to freedom of speech, due process, and equal protection by unlawfully censoring the books, magazines, and other mail they sent to inmates at the Knox County Jail. PLN claimed that from November …

On October 6, 2015, Prison Legal News (PLN) filed this lawsuit in the United States District Court for the Eastern District of Tennessee (Knoxville) against the Knox County Sheriff’s Office. PLN sued under 42 U.S.C. § 1983, alleging that the defendant violated their First and Fourteenth Amendment rights to freedom of speech, due process, and equal protection by unlawfully censoring the books, magazines, and other mail they sent to inmates at the Knox County Jail. PLN claimed that from November 2014 to October 6, 2015, the defendant refused to deliver all publications and enveloped mail sent by PLN to prisoners at Knox County Jail, which censored PLN’s correspondence with inmates at the jail on matters of public concern. PLN also claimed that the defendant failed to inform them of the alleged violation of the jail's mail policy and depriving them of the opportunity to contest the decision. Represented by private counsel, PLN asked the court for declaratory and injunctive relief, as well as compensatory and punitive damages.

On October 6, 2015, the plaintiffs filed a Motion for a Preliminary Injunction.

On February 3, 2016, Judge Thomas A Varlan granted the plaintiff’s motion to stay the action until March 31, 2016, which suspended court proceedings so that the parties could engage in mediation. All other pending motions, including the plaintiff's Oct. 6 Motion for a Preliminary Injunction, were denied with leave to refile upon lifting the stay. Mediation efforts were ultimately unsuccessful, and the plaintiff did not refile their motion.

On October 13, 2016, the defendants filed an amended answer in which they admitted liability on the plaintiff’s First and Fourteenth Amendment claims, stating that the jail had revised their inmate mail policy to remove the restrictions that formed the basis for PLN’s constitutional challenges.

On June 26, 2017, the parties filed a joint stipulation agreeing that: 1) PLN’s claims against the defendants should be dismissed, and 2) PLN sustained $25,000 in compensatory damages as a result of the defendant’s unconstitutional practices and should be awarded that amount. They also agreed that these two stipulations resolved all issues in the case except for the plaintiff’s entitlement to injunctive relief, attorney’s fees, and costs.

The plaintiff moved for a permanent injunction to prevent the defendant from resuming their unconstitutional practices in the future. The defendant argued that their voluntary cessation of unconstitutional conduct was genuine and that returning to their old practices would be an irrational waste of county resources, given the cost of litigation. The court ruled in favor of the defendant, holding that the issue of injunctive relief was moot because the defendant carried its burden of showing it would not readopt its unconstitutional mail policy in the future.

The court noted that its denial of the plaintiff’s motion for permanent injunction did not close the case because the parties had yet to file motions concerning the plaintiff’s entitlement to attorney’s fees, the only remaining issue of the case.

The parties settled as to attorneys fees on April 4, 2018. The amount they settle for is private. The case is now closed.

Summary Authors

Lakshmi Gopal (10/26/2015)

Nina Orteza (10/23/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4382831/parties/prison-legal-news-v-jones-tv1/


Judge(s)

Shirley, C. Clifford Jr. (Tennessee)

Varlan, Thomas A. (Tennessee)

Attorneys(s) for Plaintiff

Herzfeld, Tricia (Tennessee)

Lewis, Mary Eugenia (Tennessee)

Neelakanta, Sabarish (Florida)

Ozment, Harry Elliot (Tennessee)

Weber, Lance Theodore (Florida)

Wigler, David S. (Tennessee)

York, William Patrick II (Tennessee)

Judge(s)

Shirley, C. Clifford Jr. (Tennessee)

Varlan, Thomas A. (Tennessee)

Attorneys(s) for Plaintiff

Herzfeld, Tricia (Tennessee)

Lewis, Mary Eugenia (Tennessee)

Neelakanta, Sabarish (Florida)

Ozment, Harry Elliot (Tennessee)

Weber, Lance Theodore (Florida)

Wigler, David S. (Tennessee)

York, William Patrick II (Tennessee)

Documents in the Clearinghouse

Document

Docket [PACER]

April 21, 2016 Docket
1

Complaint

Oct. 6, 2015 Complaint
29

Plaintiff/Counter-Defendant's Motion to Dismiss Defendants' Counter-Claims for Declaratory Judgment

Jan. 8, 2016 Pleading / Motion / Brief
34

Order

Feb. 3, 2016 Order/Opinion
42

Order

April 13, 2016 Order/Opinion
65

Memorandum Opinion and Order

Oct. 24, 2017 Order/Opinion
67

Memorandum Opinion and Order

Dec. 14, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4382831/prison-legal-news-v-jones-tv1/

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

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief and for Damages against All Defendants ( Filing fee $ 400 receipt number 0649-2932685.), filed by Prison Legal News. (Attachments: # 1 Exhibit 1 - Policy 12.2, # 2 Exhibit 2 - Knox County Sheriff's Office Website, # 3 Other Civil Cover Sheet, # 4 Other Plaintiff's Corporate Disclosure Statement, # 5 Summons Def. James "J.J." Jones, # 6 Summons Def. Rodney Bivens, # 7 Summons Def. Knox County, Tennessee)(Herzfeld, Tricia) (Entered: 10/06/2015)

1 Exhibit 1 - Policy 12.2

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2 Exhibit 2 - Knox County Sheriff's Office Website

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3 Other Civil Cover Sheet

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4 Other Plaintiff's Corporate Disclosure Statement

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5 Summons Def. James "J.J." Jones

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6 Summons Def. Rodney Bivens

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7 Summons Def. Knox County, Tennessee

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Oct. 6, 2015 RECAP
2

MOTION for Preliminary Injunction by Prison Legal News. (Herzfeld, Tricia) (Entered: 10/06/2015)

Oct. 6, 2015 RECAP
3

MEMORANDUM in Support of Motion re 2 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit A - Decl. of Paul Wright, # 2 Exhibit A1 - August 2015 edition of Prison Legal News, # 3 Exhibit A2 - The Habeas Citebook, # 4 Exhibit A3 - 2014 PLN Fundraiser Letter, # 5 Exhibit A4 - Information Brochure Packet, # 6 Exhibit B - Policy 12.2, # 7 Exhibit C - Knox County Sheriff's Office Inmate Handbook, # 8 Exhibit D - Defendants' Mail Rejection Notices, # 9 Exhibit E - Decl. of John Brown, # 10 Exhibit F - Decl. of Thomas Davis, # 11 Exhibit G - Decl. of Gregory Barner, # 12 Exhibit H - PLN v. Cnty. of San Diego, # 13 Exhibit I - PLN v. Lewis Cnty., # 14 Exhibit J - PLN v. Cnty. of Ventura, # 15 Exhibit K - PLN v. Spokane Cnty., # 16 Exhibit L - From the Classroom to the Community: Exploring the Role of Education during Incarceration and Reentry (The Urban Institute 2009), # 17 Exhibit M - ABA Standards for Criminal Justice: Treatment of Prisoners (3d ed.), # 18 Exhibit N - ICE Policy 5.1, # 19 Exhibit O - Decl. of John Clark, # 20 Exhibit O1 - Curriculum Vitae (John Clark), # 21 Exhibit P - Decl. of Greg Simcox, # 22 Exhibit Q - Tennessee Corrections Institute Standards (2015 ed.), # 23 Exhibit R - PLN v. Sullivan Cnty., Tenn., # 24 Exhibit S - PLN v. Stolle)(Herzfeld, Tricia) (Entered: 10/06/2015)

1 Exhibit A - Decl. of Paul Wright

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2 Exhibit A1 - August 2015 edition of Prison Legal News

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3 Exhibit A2 - The Habeas Citebook

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4 Exhibit A3 - 2014 PLN Fundraiser Letter

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5 Exhibit A4 - Information Brochure Packet

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6 Exhibit B - Policy 12.2

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7 Exhibit C - Knox County Sheriff's Office Inmate Handbook

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8 Exhibit D - Defendants' Mail Rejection Notices

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9 Exhibit E - Decl. of John Brown

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10 Exhibit F - Decl. of Thomas Davis

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11 Exhibit G - Decl. of Gregory Barner

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12 Exhibit H - PLN v. Cnty. of San Diego

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13 Exhibit I - PLN v. Lewis Cnty.

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14 Exhibit J - PLN v. Cnty. of Ventura

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15 Exhibit K - PLN v. Spokane Cnty.

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16 Exhibit L - From the Classroom to the Community: Exploring the Role of Education

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17 Exhibit M - ABA Standards for Criminal Justice: Treatment of Prisoners (3d ed.)

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18 Exhibit N - ICE Policy 5.1

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19 Exhibit O - Decl. of John Clark

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20 Exhibit O1 - Curriculum Vitae (John Clark)

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21 Exhibit P - Decl. of Greg Simcox

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22 Exhibit Q - Tennessee Corrections Institute Standards (2015 ed.)

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23 Exhibit R - PLN v. Sullivan Cnty., Tenn.

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24 Exhibit S - PLN v. Stolle

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Oct. 6, 2015 RECAP
4

MOTION for Leave to Appear Pro Hac Vice as to Lance T. Weber, Esq. ( Filing fee $ 90 receipt number 0649-2936319.) by Prison Legal News. (Herzfeld, Tricia) (Entered: 10/09/2015)

Oct. 9, 2015 PACER
5

MOTION for Leave to Appear Pro Hac Vice as to Sabarish P. Neelakanta ( Filing fee $ 90 receipt number 0649-2936320.) by Prison Legal News. (Herzfeld, Tricia) (Entered: 10/09/2015)

Oct. 9, 2015 PACER
6

NOTICE of Appearance by Mary Eugenia Lewis on behalf of All Plaintiffs (Lewis, Mary) (Entered: 10/12/2015)

Oct. 12, 2015 PACER

Clerk's Verification of PHV Requirements is complete regarding document: 5 MOTION for Leave to Appear Pro Hac Vice as to Sabarish P. Neelakanta ( Filing fee $ 90 receipt number 0649-2936320.) filed by Prison Legal News, 4 MOTION for Leave to Appear Pro Hac Vice as to Lance T. Weber, Esq. ( Filing fee $ 90 receipt number 0649-2936319.) filed by Prison Legal News (ABF)

Oct. 13, 2015 PACER

Clerk's Verification of PHV Requirements

Oct. 13, 2015 PACER

Chief District Judge Thomas A Varlan and Magistrate Judge C Clifford Shirley, Jr added. (KMK, )

Oct. 19, 2015 PACER

Add and Terminate Judges

Oct. 19, 2015 PACER
7

Summons Issued as to Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Knox County, Tennessee. (Attachments: # 1 Other Summons, # 2 Other Summons)(KMK) (Entered: 10/19/2015)

1 Other Summons

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2 Other Summons

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Oct. 19, 2015 PACER
8

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice and granting 5 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: http://www.tned.uscourts.gov/RegistrationForm.php. Signed by Magistrate Judge C. Clifford Shirley, Jr. on 10/20/15. (This entry constitutes the complete Order of the Court.) (LWM) Modified on 10/21/2015 to indicate c/m (ABF). (Entered: 10/20/2015)

Oct. 20, 2015 PACER
9

NOTICE of Appearance by Sabarish P Neelakanta on behalf of Prison Legal News (Neelakanta, Sabarish) (Entered: 10/26/2015)

Oct. 26, 2015 PACER
10

NOTICE of Appearance by Harry Elliott Ozment on behalf of Prison Legal News (Ozment, Harry) (Entered: 10/26/2015)

Oct. 26, 2015 PACER
11

Summons Returned Unexecuted by Prison Legal News as to Knox County, Tennessee. (Herzfeld, Tricia) (Entered: 11/04/2015)

Nov. 4, 2015 PACER
12

NOTICE by Prison Legal News alias SUMMONS to be issued as to Knox County, Tennessee (Herzfeld, Tricia) (Entered: 11/04/2015)

Nov. 4, 2015 PACER
13

Alias Summons Issued as to Knox County, Tennessee. (ABF) (Entered: 11/05/2015)

Nov. 5, 2015 PACER
14

NOTICE of Appearance by William Patrick York, II on behalf of Prison Legal News (York, William) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
15

SUMMONS Returned Executed by Prison Legal News. James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity) served on 11/4/2015; James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity) served on 11/4/2015. (York, William) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
16

SUMMONS Returned Executed by Prison Legal News. Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity) served on 11/5/2015; Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity) served on 11/5/2015. (York, William) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
17

SUMMONS Returned Executed by Prison Legal News. Knox County, Tennessee served on 11/9/2015. (York, William) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
18

[WITHDRAWN PER NOTICE 24 ] MOTION to Dismiss by Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Knox County, Tennessee. (Wigler, David) Modified on 12/18/2015 (ABF, ). (Entered: 11/25/2015)

Nov. 25, 2015 PACER
19

ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by Chief District Judge Thomas A Varlan on 11/25/15. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 11/25/2015)

1 Other Notice of Consent/Non-Consent

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Nov. 25, 2015 PACER
20

NOTICE of Change of Address by Mary Eugenia Lewis (Lewis, Mary) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
21

RESPONSE in Opposition re 18 MOTION to Dismiss filed by Prison Legal News. (Attachments: # 1 Exhibit 1 - Newby v. Sharp, # 2 Exhibit 2 - Prison Legal News v. Bezotte, # 3 Exhibit 3 - Washington Business Licensing Serv. Query, # 4 Exhibit 4 - Compl., Newby v. Sharp)(York, William) (Entered: 12/09/2015)

1 Exhibit 1 - Newby v. Sharp

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2 Exhibit 2 - Prison Legal News v. Bezotte

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3 Exhibit 3 - Washington Business Licensing Serv. Query

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4 Exhibit 4 - Compl., Newby v. Sharp

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Dec. 9, 2015 PACER
22

[REFILED PER CLERICAL ERROR as doc 23 NOTICE by Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Knox County, Tennessee of filing Declaration of Rodney P. Bivens (Wigler, David) Modified on 12/18/2015 (ABF). (Entered: 12/18/2015)

Dec. 18, 2015 PACER
23

NOTICE by Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Knox County, Tennessee of Filing Declaration of Rodney P. Bivens (Attachments: # 1 Other Declaration of Rodney P. Bivens with attachments)(Wigler, David) (Entered: 12/18/2015)

1 Other Declaration of Rodney P. Bivens with attachments

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Dec. 18, 2015 PACER
24

NOTICE by Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Knox County, Tennessee re 18 MOTION to Dismiss (of Withdrawal of Motion to Dismiss) (Wigler, David) (Entered: 12/18/2015)

Dec. 18, 2015 PACER
25

ANSWER to 1 Complaint,, (and Counter-Claim for Declaratory Judgment), COUNTERCLAIM against Prison Legal News by Knox County, Tennessee, James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity).(Wigler, David) Modified text on 12/18/2015 (ABF). (Entered: 12/18/2015)

Dec. 18, 2015 PACER
26

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Knox County, Tennessee. (Wigler, David) (Entered: 12/18/2015)

Dec. 18, 2015 PACER
27

Unopposed MOTION for Extension of Time to File Response/Reply as to 26 Response in Opposition to Motion,, by Prison Legal News. (York, William) (Entered: 12/22/2015)

Dec. 22, 2015 PACER
28

ORDER granting 27 Motion for Extension of Time to File Response/Reply. There is no document associated with this order. Signed by Chief District Judge Thomas A. Varlan on 12/28/2015. (JEM) (Entered: 12/28/2015)

Dec. 28, 2015 PACER
29

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaims) by Prison Legal News. (Herzfeld, Tricia) (Entered: 01/08/2016)

Jan. 8, 2016 PACER

NOTICE OF FAILURE TO FILE Consent/Non-Consent to Magistrate Judge as required by prior court order (ABF)

Jan. 11, 2016 PACER

Notice of Failure to File Consent/Non-Consent to Magistrate Judge.

Jan. 11, 2016 PACER
30

NOTICE OF NONCONSENT by Prison Legal News (York, William) (Entered: 01/11/2016)

Jan. 11, 2016 PACER
31

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit 1 - Decl. of Thomas Davis, # 2 Exhibit 2 - Inmate Mail Rejection Notice (Davis), # 3 Exhibit 3 - Decl. of Charles Mundy, # 4 Exhibit 4 - Decl. of Jeffrey Wooten, # 5 Exhibit 5 - Our Daily Bread Subscription Website, # 6 Exhibit 6 - Reply Decl. of Paul Wright, # 7 Exhibit 7 - Email to Knox County Law Director, # 8 Exhibit 8 - Select Knox Cnty. Jail Policies)(York, William) (Entered: 01/11/2016)

1 Exhibit 1 - Decl. of Thomas Davis

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2 Exhibit 2 - Inmate Mail Rejection Notice (Davis)

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3 Exhibit 3 - Decl. of Charles Mundy

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4 Exhibit 4 - Decl. of Jeffrey Wooten

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5 Exhibit 5 - Our Daily Bread Subscription Website

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6 Exhibit 6 - Reply Decl. of Paul Wright

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7 Exhibit 7 - Email to Knox County Law Director

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8 Exhibit 8 - Select Knox Cnty. Jail Policies

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Jan. 11, 2016 PACER
32

MOTION for Order Compelling Judicial Settlement Conference or Mediation and to Stay Proceedings Pending Same by Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Knox County, Tennessee. (Wigler, David). Added MOTION to Stay on 1/29/2016 (ABF). (Entered: 01/29/2016)

Jan. 29, 2016 PACER
33

Cross MOTION to Stay Proceedings Pending Private Alternative Dispute Resolution and RESPONSE to 32 MOTION for Order Compelling Judicial Settlement Conference or Mediation and to Stay Proceedings Pending Same by Prison Legal News. (York, William) Modified text on 2/3/2016 (ABF). (Entered: 02/02/2016)

Feb. 2, 2016 PACER
34

ORDER that the Court hereby STAYS this action until March 31, 2016, so that the parties may engage in mediation. Accordingly, the Motion of Defendants for Order Compelling Judicial Conference or Mediation and to Stay Proceedings Pending Same 32 is hereby GRANTED in part and DENIED in part, and Plaintiffs Motion to Stay Proceedings Pending Private Alternative Dispute Resolution and Response to Defendants Motion Compelling Judicial Settlement Conference or Mediation and to Stay 33 is GRANTED. All other pending motions are hereby DENIED with leave to refile upon the lifting of the stay. The Clerk of Court is DIRECTED to LIFT the stay on April 1, 2016. On or before April 8, 2016, the parties shall FILE a report consistent with Local Rule 16.4(m). Signed by Chief District Judge Thomas A Varlan on 2/3/16. (ABF) (Entered: 02/03/2016)

Feb. 3, 2016 PACER

STAY LIFTED per Order 34 (ABF)

April 4, 2016 PACER

Order Lifting Stay

April 4, 2016 PACER
35

MOTION to Withdraw as Attorney for Plaintiff by Prison Legal News. (Lewis, Mary) (Entered: 04/04/2016)

April 4, 2016 PACER
36

ORDER granting 35 Motion to Withdraw as Attorney. Attorney Mary Eugenia Lewis is RELIEVED of her duties as counsel in this matter. Signed by Magistrate Judge C Clifford Shirley, Jr on 4/5/16. (ABF) (Entered: 04/05/2016)

April 5, 2016 PACER
37

REPORT of Mediation (Herzfeld, Tricia) (Entered: 04/08/2016)

April 8, 2016 PACER
38

MOTION for Hearing on Plaintiff's Preliminary Injunction Motion by Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his individual capacity), Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Knox County, Tennessee. (Wigler, David) (Entered: 04/12/2016)

April 12, 2016 PACER
39

RESPONSE to Motion re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counterclaims) and in support of Knox County's Counterclaim filed by Knox County, Tennessee. (Wigler, David) (Entered: 04/12/2016)

April 12, 2016 PACER
40

(Vacated per Order, doc. 41) ORDER REFERRING MOTION: 38 MOTION for Hearing on Plaintiff's Preliminary Injunction Motion filed by Knox County, Tennessee, Rodney Bivens, James "J.J." Jones referred to the Honorable C. Clifford Shirley, Jr., USMJ.Signed by Chief District Judge Thomas A Varlan on 4/13/16. (ABF) Modified on 4/13/2016 (KMK, ). (Entered: 04/13/2016)

April 13, 2016 PACER
41

ORDER re 40 Order Referring Motion for Hearing [Doc. 38] is hereby VACATED. Signed by Chief District Judge Thomas A Varlan on 04/13/2016. (LPG) (Entered: 04/13/2016)

April 13, 2016 PACER
42

ORDER denying as moot 38 Motion for Hearing. Signed by Chief District Judge Thomas A Varlan on 4/13/2016. (KMK, ) (Entered: 04/13/2016)

April 13, 2016 PACER
43

REPORT of Rule 26(f) Planning Meeting. (Herzfeld, Tricia) (Entered: 04/21/2016)

April 21, 2016 PACER
44

SCHEDULING ORDER: Jury Trial set for 1/29/2018 09:00 AM in Courtroom 4 - Knoxville before Chief District Judge Thomas A Varlan. Final Pretrial Conference set for 1/22/2018 03:00 PM in Courtroom 4 - Knoxville before Chief District Judge Thomas A Varlan.Signed by Chief District Judge Thomas A Varlan on 8/15/16. (ABF) (Entered: 08/15/2016)

Aug. 15, 2016 PACER
45

Order Governing Depositions. Signed by Chief District Judge Thomas A Varlan on 8/15/16. (ABF) (Entered: 08/15/2016)

Aug. 15, 2016 PACER
46

Amended and Restated ANSWER to 25 Answer to Complaint, Counterclaim,,,, by Rodney Bivens(Assistant Chief Deputy of the Knox County Sheriff's Office in his official capacity), James "J.J." Jones(Sheriff of Knox County, Tennessee in his individual capacity), Knox County, Tennessee. (Attachments: # 1 Exhibit 1 Inmate mail policy)(Wigler, David) (Entered: 10/13/2016)

1 Exhibit 1 Inmate mail policy

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Oct. 13, 2016 RECAP
47

NOTICE by Prison Legal News of Withdrawal of Attorney Lance Weber (Weber, Lance) (Entered: 12/29/2016)

Dec. 29, 2016 PACER
48

STIPULATION by Prison Legal News. (Herzfeld, Tricia) (Entered: 06/26/2017)

June 26, 2017 RECAP
49

MOTION for Permanent Injunction and Memorandum in Support by Prison Legal News. (Herzfeld, Tricia) (Entered: 06/26/2017)

June 26, 2017 PACER
50

MOTION to Compel Judicial Settlement Conference, MOTION to Stay Proceedings Pending Same by Knox County, Tennessee. (Wigler, David) (Entered: 07/11/2017)

July 11, 2017 PACER
51

MOTION To Treat Plaintiff's Motion for Permanent Injunction as an Amended Complaint re 49 MOTION for Permanent Injunction and Memorandum in Support or for, MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Permanent Injunction and Memorandum in Support by Knox County, Tennessee. (Wigler, David) (Entered: 07/11/2017)

July 11, 2017 PACER
52

RESPONSE to Motion re 50 MOTION to Compel Judicial Settlement Conference MOTION to Stay Proceedings Pending Same filed by Prison Legal News. (Herzfeld, Tricia) (Entered: 07/18/2017)

July 18, 2017 PACER
53

RESPONSE to Motion re 51 MOTION To Treat Plaintiff's Motion for Permanent Injunction as an Amended Complaint re 49 MOTION for Permanent Injunction and Memorandum in Support or for MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Permanent Injunction and Memorandum in Support filed by Prison Legal News. (Herzfeld, Tricia) (Entered: 07/18/2017)

July 18, 2017 PACER
54

ORDER REFERRING MOTION: 51 MOTION To Treat Plaintiff's Motion for Permanent Injunction as an Amended Complaint re 49 MOTION for Permanent Injunction and Memorandum in Support or for MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Permanent Injunction and Memorandum in Support filed by Knox County, Tennessee referred to the Honorable C. Clifford Shirley, Jr., USMJ. Signed by Chief District Judge Thomas A Varlan on 7/26/17. (ABF) (Entered: 07/26/2017)

July 26, 2017 PACER
55

CERTIFICATE OF SERVICE by Prison Legal News (Neelakanta, Sabarish) (Entered: 08/17/2017)

Aug. 17, 2017 PACER
56

ORDER: The Motion of Knox County to Treat Plaintiffs Motion for Permanent Injunction as an Amended Complaint Subject to the Scheduling Order, or for Extension of Time to Respond to Plaintiffs Motion for Permanent Injunction 51 is GRANTED IN PART AND DENIED IN PART. The Defendant SHALL file its response to the Plaintiffs Motion for Permanent Injunction 49 on or before September 8, 2017. Signed by Magistrate Judge C Clifford Shirley, Jr on 8/18/17. (ABF) (Entered: 08/18/2017)

Aug. 18, 2017 PACER
57

NOTICE by Knox County, Tennessee of Filing Documents in Support of its Motion for Summary Judgment (Attachments: # 1 Exhibit 1 Declaration of JJ Jones, # 2 Exhibit 2 Declaration of R. Bivens, # 3 Exhibit 3 Declaration of R. Armstrong, # 4 Exhibit 4, # 5 Exhibit 5, # 6 6)(Wigler, David) (Entered: 09/08/2017)

1 Exhibit 1 Declaration of JJ Jones

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2 Exhibit 2 Declaration of R. Bivens

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3 Exhibit 3 Declaration of R. Armstrong

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4 Exhibit 4

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5 Exhibit 5

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6 6

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Sept. 8, 2017 PACER
58

MOTION for Summary Judgment and Response in Opposition to Plaintiff's Motion for Permanent Injunction by Knox County, Tennessee. (Wigler, David) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
59

MOTION to Compel Judicial Settlement Conference, MOTION to Stay Proceedings pending same by Knox County, Tennessee. (Wigler, David) (Entered: 09/11/2017)

Sept. 11, 2017 PACER
60

Unopposed MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Compel Judicial Settlement Conference MOTION to Stay Proceedings pending same, 58 MOTION for Summary Judgment and Response in Opposition to Plaintiff's Motion for Permanent Injunction by Prison Legal News. (Herzfeld, Tricia) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
61

ORDER granting 60 Motion for Extension of Time to File Response/Reply. Plaintiff shall have up to and including October 6, 2017, to file responses to defendant Knox County's motions for summary judgment and to compel a judicial settlement conference [Docs. 58, 59]. Signed by Chief District Judge Thomas A Varlan on 9/15/17. (JBR) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
62

PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION 58 FOR SUMMARY JUDGMENT AND REPLY TO PLAINTIFF'S MOTION FOR PERMANENT INJUNCTION 49 and Memorandum in Support filed by Prison Legal News. (Neelakanta, Sabarish) Modified text and links on 10/10/2017 (ADA). (Entered: 10/06/2017)

Oct. 6, 2017 PACER
63

REPLY to Response to Motion re 58 MOTION for Summary Judgment and Response in Opposition to Plaintiff's Motion for Permanent Injunction filed by Knox County, Tennessee. (Attachments: # 1 Other copy of counsel's email chain)(Wigler, David) (Entered: 10/10/2017)

1 Other copy of counsel's email chain

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Oct. 10, 2017 PACER
64

RESPONSE to Motion re 59 MOTION to Compel Judicial Settlement Conference MOTION to Stay Proceedings pending same filed by Prison Legal News. (Neelakanta, Sabarish) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
65

MEMORANDUM, OPINION AND ORDER: Defendant's two motions to compel a judicial settlement conference 50, 59 are hereby DENIED. The Scheduling Orderin this matter 44 will thus remain fully in effect. Signed by Chief District Judge Thomas A Varlan on 10/24/17. (ABF) (Entered: 10/24/2017)

Oct. 24, 2017 PACER
66

STATUS REPORT Joint by Prison Legal News. (Herzfeld, Tricia) (Entered: 10/31/2017)

Oct. 31, 2017 RECAP
67

MEMORANDUM OPINION AND ORDER: The Court DENIES plaintiffs motion for a permanent injunction 49, and DENIES as moot defendants motion forsummary judgment 58 . The Court notes, however, that this holding does not close this case. Both the jury trial scheduled for January 29, 2018, and the final pretrial conference scheduled for January 22, 2018, are therefore CANCELED. Signed by Chief District Judge Thomas A Varlan on 12/14/17. (ABF, ) (Entered: 12/14/2017)

Dec. 14, 2017 RECAP
68

First MOTION for Attorney Fees and Expenses by Prison Legal News. (Neelakanta, Sabarish) (Entered: 01/16/2018)

Jan. 16, 2018 RECAP
69

AFFIDAVIT in Support re 68 First MOTION for Attorney Fees and Expenses re: Sabarish Neelakanta filed by Prison Legal News. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Neelakanta, Sabarish) (Entered: 01/16/2018)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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Jan. 16, 2018 PACER
70

AFFIDAVIT in Support re 68 First MOTION for Attorney Fees and Expenses Re: Tricia Herzfeld filed by Prison Legal News. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Neelakanta, Sabarish) (Entered: 01/16/2018)

1 Exhibit

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Jan. 16, 2018 PACER
71

MOTION for Extension of Time to File Response/Reply as to 70 Affidavit in Support of Motion, 69 Affidavit in Support of Motion, 68 First MOTION for Attorney Fees and Expenses by Knox County, Tennessee. (Wigler, David) (Entered: 01/30/2018)

Jan. 30, 2018 PACER
72

MOTION to Compel Limited Fee-Claim Discovery by Knox County, Tennessee. (Wigler, David) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
73

ORDER: The Court will thus permit defendant seven days to continue settlement negotiations with plaintiff, and seven further days to file a response brief in the event those negotiations prove unsuccessful. Accordingly, it is hereby ORDERED that defendant shall have until February 13, 2018, to respond to plaintiffs motion 68 . Plaintiff may then, if it wishes, file a reply brief within seven (7) days of service of defendants response. Signed by Chief District Judge Thomas A Varlan on 2/5/18. (ABF) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
74

ORDER REFERRING MOTION: 68 First MOTION for Attorney Fees and Expenses filed by Prison Legal News, 72 MOTION to Compel Limited Fee-Claim Discovery filed by Knox County, Tennessee referred to the Honorable C. Clifford Shirley, Jr., USMJ. Signed by Chief District Judge Thomas A Varlan on 2/5/18. (ABF) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
75

[FILED IN ERROR PER 76 ] NOTICE by Prison Legal News of Compromise and Dismissal of Remaining Claims for Attorneys Fees, Costs and Expenses and Stipulation of Dismissal (Herzfeld, Tricia) Modified on 2/12/2018 (ABF). (Entered: 02/09/2018)

Feb. 9, 2018 PACER
76

NOTICE OF SETTLEMENT (Amended Notice re DE 75) by Prison Legal News Trial Date: n/a; Case Reported Settled By Plaintiff; Parties did not participate in mediation/arbitration. (Herzfeld, Tricia) (Entered: 02/09/2018)

Feb. 9, 2018 PACER

Add and Terminate Judges

Feb. 15, 2018 PACER

Magistrate Judge Debra C Poplin added per SO 18-02. Magistrate Judge C Clifford Shirley, Jr no longer assigned to case. (KMK, )

Feb. 15, 2018 PACER
77

NOTICE OF SETTLEMENT, Compromise and Dismissal of Remaining Claims for Attorneys' Fees, Costs and Expenses and Stipulation of Dismissal by Prison Legal News Case Reported Settled By the Parties; Parties did not participate in mediation/arbitration. (Herzfeld, Tricia) (Entered: 04/04/2018)

April 4, 2018 RECAP

State / Territory: Tennessee

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: Oct. 6, 2015

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison Legal News, a nonprofit corporation focused on public education, prisoner education, advocacy, and outreach in support of the rights of prisoners and in furtherance of basic human rights.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Legal Services/Legal Aid

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Knox County Sheriff's Office (Knox), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief denied

Issues

General:

Mail

Type of Facility:

Government-run