Case: Prison Legal News v. Ryan

2:15-cv-02245 | U.S. District Court for the District of Arizona

Filed Date: Nov. 6, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

Prison Legal News produces a monthly publications and books that are mailed to subscribers within the Arizona Department of Corrections (ADOC). On November 6, 2015, Prison Legal News filed this § 1983 lawsuit in the U.S. District Court of Arizona against the ADOC alleging violations of the First and Fourteenth Amendments. Specifically, the plaintiffs alleged that ADOC's refusal to deliver issues of the monthly publication to inmates when the publication contained articles with "non-selacious de…

Prison Legal News produces a monthly publications and books that are mailed to subscribers within the Arizona Department of Corrections (ADOC). On November 6, 2015, Prison Legal News filed this § 1983 lawsuit in the U.S. District Court of Arizona against the ADOC alleging violations of the First and Fourteenth Amendments. Specifically, the plaintiffs alleged that ADOC's refusal to deliver issues of the monthly publication to inmates when the publication contained articles with "non-selacious descriptions of sexual activity" was censorship in violation of the First Amendment. Additionally, the plaintiffs alleged that they were not given constitutionally adequate notice under the Fourteenth Amendment. The plaintiffs sought declaratory and injunctive relief.

After the filing of the complaint, the parties engaged in extensive discovery.

On December 22, 2016, the defendants moved for judgment on the pleadings. They argued that, because the law regarding the submission of sexually explicit materials to inmates was unclear, the defendants were entitled to qualified immunity. Additionally, the defendants argued that the plaintiff’s due process claim should be dismissed because the plaintiffs were provided with notice and opportunity to respond to the decision that their publication would be excluded. The defendants stated that the plaintiffs were successful in reversing three of the four decisions and, in the fourth decision, the article was published with a two paragraph redaction. Additionally, the defendants noted that, shortly after the plaintiff’s complaint was filed, the defendants “voluntarily adopted and implemented an administrative regulation requiring that publishers be given notice if their publications are excluded.” Finally, with respect to the First Amendment claim, the defendants stated that the plaintiff challenged the defendants’ old publication policy, and not the recently adopted one.

On September 30, 2017, the court granted in part and denied in part the defendants’ motion for judgment on the pleadings. The court dismissed the plaintiff’s Fourteenth Amendment claim as moot. However, the court gave the plaintiffs leave to amend the First Amendment claim to conform with the evidence presented up to this point.

On October 13, 2017, the plaintiffs submitted a second amended complaint. In the second amended complaint, plaintiffs added two additional prison staff defendants. Additionally, the plaintiffs alleged that the defendants had also been censoring one of the books they sought to deliver to subscribers. The plaintiffs alleged that the refusal to deliver the book was also a violation of due process.

On May 14, 2018, both parties moved for summary judgment.

On March 8, 2019, the court granted in part and denied in part the motions for summary judgment. 2019 WL 1099882. The court granted the plaintiff’s motion for summary judgment on the due process claim because the plaintiffs were not given adequate notice or an opportunity to respond to the exclusion of their publications, even under the new policy. The court also granted summary judgment in favor of the plaintiff's due process claim against two of the defendants who had been personally involved with the exclusion in their individual capacity. However, the court dismissed the due process claims against the other defendants in their individual capacities.

On the First Amendment claim, the court held that the defendants’ policy was unconstitutional on its face because it was overbroad and not rationally related to its interest in rehabilitation. The court also held that the policy was unconstitutional as applied to the plaintiff’s materials because the excluded text was not related to the defendants’ interests and was “educational and informative in nature.” Each party was directed to file proposed language on the final injunctive relief for the claims on which the plaintiff prevailed.

The court did not make a ruling on the as-applied challenge to the book, as neither party briefed the constitutionality of the policy as applied to the book. The parties continued with discovery for a trial set for October, 2019. On September 13, 2019, Prison Legal News filed a notice of partial settlement and release. The court approved the settlement on October 2, 2019 in an order that also dismissed with prejudice the claims against several defendants in their individual capacities and the First Amendment claims for injunctive relief. The court retained jurisdiction over the settlement.

In execution of the settlement, the court ordered the defendants to make policy amendments on November 6, 2019. The court entered injunctive relief that required ADC to revise its policy “to establish bright-line rules that narrowly define prohibited conduct in a manner consistent with the First Amendment; limit the discretion available to ADC’s employees and agents; and ensure consistency in the exclusion of sexually explicit material." It also ordered ADC to require all its mailroom personnel to receive an email with the court’s order and inform them of best practices for compliance, as well as require them to sign an acknowledgement that they received and understood the order.

Several of the defendants appealed the November 6 order as well as the March 8 denial of their motion for summary judgment. They also filed a motion to stay proceedings regarding attorneys' fees and costs pending the outcome of their appeal. The court granted the stay on December 19, 2019. As of this writing on April 11, 2020, litigation is stayed pending the appellate outcome and the settlement remains in force. This case is ongoing.

Summary Authors

Kat Brausch (1/30/2016)

Cianan Lesley (3/11/2019)

Alex Moody (4/11/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4134392/parties/prison-legal-news-v-ryan/


Judge(s)

Silver [Moore-Silver], Roslyn O. (Arizona)

Attorneys(s) for Plaintiff

Bodney, David Jeremy (Arizona)

DiGiacomo, Michael Anthony (Arizona)

Ells, Lisa Adrienne (California)

Horrocks, Heather Elizabeth Todd (Arizona)

Jackson, Caroline E. (Maryland)

Marshall, Daniel (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Spore, Andrew Glenn (California)

Judge(s)

Silver [Moore-Silver], Roslyn O. (Arizona)

Attorneys(s) for Plaintiff

Bodney, David Jeremy (Arizona)

DiGiacomo, Michael Anthony (Arizona)

Ells, Lisa Adrienne (California)

Horrocks, Heather Elizabeth Todd (Arizona)

Jackson, Caroline E. (Maryland)

Marshall, Daniel (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Spore, Andrew Glenn (California)

Stone-Manista, Krista Michelle (California)

Weber, Lance Theodore (Florida)

Yelin, Jenny Snay (California)

Attorneys(s) for Defendant

Brachtl, Mark Carl (Arizona)

Brnovich, Mark (Arizona)

Gottfried, Michael Evan (Arizona)

Love, Rachel (Arizona)

Struck, Daniel Patrick (Arizona)

Documents in the Clearinghouse

Document

Docket [PACER]

March 10, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief and Damages

Nov. 6, 2015 Complaint
179

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

Oct. 13, 2017 Complaint
260

Order

2019 WL 1099882

March 8, 2019 Order/Opinion
300, 300-1, 300-2

Notice of Filing of Partial Settlement Agreement and Release and Lodging Order

Sept. 20, 2019 Settlement Agreement
304

Order

Oct. 2, 2019 Order/Opinion
305

Order

Nov. 6, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4134392/prison-legal-news-v-ryan/

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

ECF Number Description Date Link
1

COMPLAINT. Filing fee received: $400.00, receipt number 0970-12313460 filed by Prison Legal News. (submitted by David Bodney) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(REK) (Entered: 11/09/2015)

1 Exhibit

View on RECAP

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Civil Cover Sheet

View on PACER

Nov. 6, 2015 RECAP
2

SUMMONS Submitted by Prison Legal News. (submitted by David Bodney) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(REK) (Entered: 11/09/2015)

1 Summons

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

Nov. 6, 2015 PACER
3

Corporate Disclosure Statement by Prison Legal News identifying Other Affiliate Human Rights Defense Center for Prison Legal News. (submitted by David Bodney) (REK) (Entered: 11/09/2015)

Nov. 6, 2015 PACER
4

Filing fee paid, receipt number 0970-12313460. This case has been assigned to the Honorable Bridget S. Bade. All future pleadings or documents should bear the correct case number: CV-15-02245-PHX-BSB. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form)(REK) (Entered: 11/09/2015)

1 Magistrate Consent Form

View on PACER

Nov. 6, 2015 PACER
5

SUMMONS Submitted by Prison Legal News. (Horrocks, Heather) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
6

SUMMONS Submitted by Prison Legal News. (Horrocks, Heather) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
7

SUMMONS Submitted by Prison Legal News. (Horrocks, Heather) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
8

SUMMONS Submitted by Prison Legal News. (Horrocks, Heather) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
9

Summons Issued as to Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/12/2015)

1 Summons

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

Nov. 12, 2015 PACER
10

MOTION for Admission Pro Hac Vice as to attorney Lisa Ells on behalf of Prison Legal News. (BAS) (Entered: 11/13/2015)

Nov. 12, 2015 PACER
11

MOTION for Admission Pro Hac Vice as to attorney Jenny Yelin on behalf of Prison Legal News. (BAS) (Entered: 11/13/2015)

Nov. 12, 2015 PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX165045 as to Lisa Ells. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 13, 2015 PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX165044 as to Jenny S Yelin. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 13, 2015 PACER

Pro Hac Vice Fee Paid

Nov. 13, 2015 PACER
12

ORDER pursuant to General Order 09-08 granting 10 Motion for Admission Pro Hac Vice; granting 11 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 11/13/2015)

Nov. 13, 2015 PACER
13

Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 11/19/2015)

Nov. 18, 2015 PACER
14

MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Roslyn O. Silver. All further pleadings/papers should now list the following COMPLETE case number: CV-15-2245-PHX-ROS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 11/19/2015)

Nov. 19, 2015 PACER

Pro Hac Vice Fee Paid

Nov. 19, 2015 PACER
15

MOTION for Admission Pro Hac Vice as to attorney Sabarish Neelakanta on behalf of Prison Legal News. (BAS) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
16

MOTION for Admission Pro Hac Vice as to attorney Lance Weber on behalf of Prison Legal News. (BAS) (Entered: 11/19/2015)

Nov. 19, 2015 PACER

PRO HAC VICE FEE PAID. $ 70, receipt number PHX165370 as to Sabarish Neelakanta, Lance Theodore Weber. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 19, 2015 PACER
17

ORDER pursuant to General Order 09-08 granting 15 Motion for Admission Pro Hac Vice; granting 16 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
18

ORDER - Motions pursuant to Fed. R. Civ. P. 12(b) and Fed. R. Civ. P. 12(c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of a motion to dismiss or a motion for judgment on the pleadings to determine whether the motion can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon any Defendant(s) who have not yet appeared and file notice of service. Signed by Senior Judge Roslyn O Silver on 11/19/2015. (TLB) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
19

SERVICE EXECUTED filed by Prison Legal News: Return of Service re: Summons; Complaint for Declaratory and Injunctive Relief and Damages under the Civil Rights Act, 42 U.S.C. § 1983, Jury Trial Demanded; Civil Cover Sheet; Corporate Disclosure Statement; Consent to Exercise of Jurisdiction by United States Magistrate Judge Instructions; Consent to Exercise of Jurisdiction by United States Magistrate Judge (signed); Consent to Exercise of Jurisdiction by United States Magistrate Judge (blank) upon Gail Rittenhouse on 11/18/2015. (Horrocks, Heather) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
20

SERVICE EXECUTED filed by Prison Legal News: Return of Service re: Summons; Complaint for Declaratory and Injunctive Relief and Damages under the Civil Rights Act, 42 U.S.C. § 1983, Jury Trial Demanded; Civil Cover Sheet; Corporate Disclosure Statement; Consent to Exercise of Jurisdiction by United States Magistrate Judge Instructions; Consent to Exercise of Jurisdiction by United States Magistrate Judge (signed); Consent to Exercise of Jurisdiction by United States Magistrate Judge (blank) upon Charles L. Ryan on 11/18/2015. (Horrocks, Heather) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
21

SERVICE EXECUTED filed by Prison Legal News: Return of Service re: Summons; Complaint for Declaratory and Injunctive Relief and Damages under the Civil Rights Act, 42 U.S.C. § 1983, Jury Trial Demanded; Civil Cover Sheet; Corporate Disclosure Statement; Consent to Exercise of Jurisdiction by United States Magistrate Judge Instructions; Consent to Exercise of Jurisdiction by United States Magistrate Judge (signed); Consent to Exercise of Jurisdiction by United States Magistrate Judge (blank) upon Jeff Hood on 11/18/2015. (Horrocks, Heather) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
22

SERVICE EXECUTED filed by Prison Legal News: Return of Service re: Summons; Complaint for Declaratory and Injunctive Relief and Damages under the Civil Rights Act, 42 U.S.C. § 1983, Jury Trial Demanded; Civil Cover Sheet; Corporate Disclosure Statement; Consent to Exercise of Jurisdiction by United States Magistrate Judge Instructions; Consent to Exercise of Jurisdiction by United States Magistrate Judge (signed); Consent to Exercise of Jurisdiction by United States Magistrate Judge (blank) upon Alf Olson on 11/18/15. (Horrocks, Heather) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
23

NOTICE re: of Service by Prison Legal News re: 18 Order . (Horrocks, Heather) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
24

First MOTION for Extension of Time to File Answer (Stipulated) by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan. (Attachments: # 1 Text of Proposed Order)(Gottfried, Michael) (Entered: 12/09/2015)

1 Text of Proposed Order

View on PACER

Dec. 9, 2015 PACER
25

ORDER granting 24 Motion for Extension of Time to Answer, and the time for Defendants to respond to the Complaint is extended to and including January 8, 2016. Signed by Senior Judge Roslyn O Silver on 12/10/15.(MAW) (Entered: 12/10/2015)

Dec. 10, 2015 PACER
26

ANSWER to 1 Complaint with Jury Demand by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan.(Gottfried, Michael) (Entered: 01/08/2016)

Jan. 8, 2016 RECAP
27

ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for 3/11/2016 at 10:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. See document for further details. Signed by Senior Judge Roslyn O Silver on 01/11/2016. (REK) (Entered: 01/12/2016)

Jan. 12, 2016 PACER
28

MOTION for Admission Pro Hac Vice as to attorney Krista Stone-Manista on behalf of Prison Legal News. (BAS) (Entered: 01/20/2016)

Jan. 19, 2016 PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX167381 as to Krista Stone-Manista. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 20, 2016 PACER

Pro Hac Vice Fee Paid

Jan. 20, 2016 PACER
29

ORDER pursuant to General Order 09-08 granting 28 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/20/2016)

Jan. 20, 2016 PACER
30

Letter from Anthony Terranova. (GAR) (2 pages) (Entered: 02/05/2016)

Feb. 5, 2016 PACER
31

REPORT of Rule 26(f) Planning Meeting by Prison Legal News. (Attachments: # 1 Text of Proposed Order Rule 16 Scheduling Order)(Ells, Lisa) (Entered: 03/01/2016)

1 Text of Proposed Order Rule 16 Scheduling Order

View on PACER

March 1, 2016 PACER
32

STIPULATION FOR TELEPHONIC APPEARANCE by Prison Legal News. (Weber, Lance) (Entered: 03/03/2016)

March 3, 2016 PACER
33

IT IS ORDERED granting 32 the parties' Stipulation for Plaintiff's co-counsel, Lance Weber, to appear telephonically at the March 11, 2016 scheduling conference. Mr. Weber shall dial chambers at 602-322-7520 no later than 10:00 AM (AZ time). The call shall be placed from a land line only; no cell or speaker phone appearances are permitted. Signed by Senior Judge Roslyn O. Silver on 3/7/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ROS, kb) (Entered: 03/07/2016)

March 7, 2016 PACER
34

MINUTE ENTRY for proceedings held before Senior Judge Roslyn O Silver: Rule 16 Scheduling Conference held on 3/11/2016. The Court directs counsel to confer regarding the issues discussed on the record. The parties shall submit no later than 3/18/2016, a revised proposed scheduling order and a stipulated notice as to the legal issues to be briefed. LATER: Magistrate Judge David K Duncan having been randomly drawn, this matter is referred to Magistrate Judge Duncan for purposes of a settlement conference. Separate Order to follow. APPEARANCES: Lisa Ells, Heather Horrocks and Lance Weber (telephonic) for Plaintiff. Michael Gottfried for Defendants. (Court Reporter: Elva Cruz-Lauer.) Hearing held 10:06 AM to 10:56 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAL) (Entered: 03/14/2016)

March 11, 2016 PACER
35

ORDER: IT IS ORDERED this case is referred by random lot to Magistrate Judge David K. Duncan for the purpose of conducting a settlement conference. IT IS FURTHER ORDERED counsel shall jointly contact Judge Duncan's chambers at (602) 322-7630 no later than March 25, 2016 for further instruction. Signed by Senior Judge Roslyn O Silver on 3/11/2016. (KAL) (Entered: 03/14/2016)

March 14, 2016 PACER
36

*NOTICE and Stipulation Regarding Legal Issues to be Briefed re: 34 Scheduling Conference by Prison Legal News. (Stone-Manista, Krista) *Modified to correct event on 3/21/2016 (REK). (Entered: 03/18/2016)

March 18, 2016 PACER
37

*Additional Attachment to Main Document and Revised Joint Proposed Scheduling Order re: 36 by Prison Legal News. (Stone-Manista, Krista) *Modified to correct event on 3/21/2016 (REK). (Entered: 03/18/2016)

March 18, 2016 PACER
38

***AMENDED by (Docs. 57, 101, 149 and 150 )--SCHEDULING ORDER: Discovery due by 11/18/2016. Dispositive motions due by 1/17/2017. Proposed Pretrial Order due by 2/13/2017 [see attached Order for details]. Signed by Senior Judge Roslyn O Silver on 3/21/16. (MAW) Modified on 11/17/2016 (ATD). Modified on 3/13/2017 (LAD). (Entered: 03/21/2016)

March 21, 2016 PACER
39

NOTICE of Service of Discovery filed by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan. (Gottfried, Michael) (Entered: 03/25/2016)

March 25, 2016 PACER
40

NOTICE of Service of Discovery filed by Prison Legal News. (Stone-Manista, Krista) (Entered: 03/25/2016)

March 25, 2016 PACER
41

SETTLEMENT CONFERENCE ORDER - Settlement Conference set for 5/2/2016 at 01:30 PM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan. (See document for further details). Signed by Magistrate Judge David K Duncan on 3/29/16. (LAD) (Entered: 03/29/2016)

March 29, 2016 PACER
42

TRANSCRIPT REQUEST by Prison Legal News for proceedings held on March 11, 2016, Judge Roslyn O Silver hearing judge(s). (Stone-Manista, Krista) (Entered: 04/25/2016)

April 25, 2016 PACER
43

NOTICE of Appearance by Rachel Love on behalf of Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan. (Love, Rachel) (Entered: 04/29/2016)

April 29, 2016 PACER
44

MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Settlement Conference held on 5/2/2016. PRESENT: Lisa Ells for Plaintiff with client representative Paul Wright; Michael Gottfried, Mark Brachtl, Rachel Love and Jeanette Miller for Defendants with client representatives Brad Keogh, Karen Hellman, Michelle Wilkerson and Cynthia Kellway. A telephonic settlement conference will be scheduled within one week. (NOT RECORDED.) Hearing held 1:30 PM to 5:26 PM.(LSP) (Entered: 05/04/2016)

May 2, 2016 PACER
50

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of SCHEDULING CONFERENCE proceedings held on 03/11/2016, before Judge Roslyn O. Silver. (Court Reporter: Elva Cruz-Lauer). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/24/2016. Redacted Transcript Deadline set for 6/3/2016. Release of Transcript Restriction set for 8/1/2016. (RAP) (Entered: 05/24/2016)

May 3, 2016 PACER
45

NOTICE re: First Notice of Discovery and Settlement by Prison Legal News . (Ells, Lisa) (Entered: 05/06/2016)

May 6, 2016 PACER
46

NOTICE of Service of Discovery filed by Charles L Ryan. (Gottfried, Michael) (Entered: 05/06/2016)

May 6, 2016 PACER
47

First MOTION for Extension of Time for Defendant Ryan to Repsond to Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents by Charles L Ryan. (Attachments: # 1 Text of Proposed Order)(Gottfried, Michael) (Entered: 05/10/2016)

1 Text of Proposed Order

View on PACER

May 10, 2016 PACER
48

ORDER: IT IS ORDERED the stipulation (Doc. 47 ) is GRANTED. Defendant Ryan shall have through and including May 25, 2016, to respond to Plaintiff's discovery requests. Signed by Senior Judge Roslyn O Silver on 5/10/2016. (KAL) (Entered: 05/10/2016)

May 10, 2016 PACER
49

Second MOTION for Extension of Time for Defendant Ryan to Respond to Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents by Charles L Ryan. (Attachments: # 1 Text of Proposed Order)(Gottfried, Michael) (Entered: 05/24/2016)

1 Text of Proposed Order

View on PACER

May 24, 2016 PACER
51

ORDER granting 49 Motion for Extension of Time. Defendant Ryan shall have through and including June 8, 2016, to respond to Plaintiff's discovery requests. Signed by Senior Judge Roslyn O. Silver on 5/25/16.(CLB) (Entered: 05/25/2016)

May 25, 2016 PACER
52

MOTION for Extension of Time to Complete Discovery by Charles L Ryan. (Attachments: # 1 Text of Proposed Order)(Gottfried, Michael) (Entered: 06/08/2016)

1 Text of Proposed Order

View on PACER

June 8, 2016 PACER
53

ORDER granting 52 Motion for Extension of Time. Defendant Ryan shall have through and including June 15, 2016, to respond to Plaintiffs discovery requests. IT IS FURTHER ORDERED no further extensions will be granted as to these requests by Defendant Ryan. Signed by Senior Judge Roslyn O. Silver on 6/9/16.(CLB) (Entered: 06/09/2016)

June 9, 2016 PACER
54

NOTICE of Service of Discovery filed by Charles L Ryan. (Gottfried, Michael) (Entered: 06/14/2016)

June 14, 2016 PACER
55

NOTICE of Service of Discovery filed by Charles L Ryan. (Gottfried, Michael) (Entered: 06/16/2016)

June 16, 2016 PACER
56

Joint MOTION for Extension of Time to Complete Discovery and Extend Case Management Deadlines by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Ells, Lisa) (Entered: 07/05/2016)

1 Text of Proposed Order

View on PACER

July 5, 2016 PACER
57

***AMENDED by 101, 149 and 150 )--ORDER: IT IS ORDERED the motion (Doc. 56 ) is GRANTED and the deadlines set by the Court's March 21, 2016 Rule 16 Scheduling Order (Doc. 38 ) are extended. See attached Order for complete details. Signed by Senior Judge Roslyn O Silver on 7/5/2016. (KAL) Modified on 11/17/2016 (ATD). Modified on 3/13/2017 (LAD). (Entered: 07/06/2016)

July 6, 2016 RECAP
58

NOTICE of Filing Evidence on Behalf of Plaintiff which May Support PLN Claims Against Ryan, et al having more Evidence Request for Court to Notify Plaintiff Combined with Declaration, Exhibits) submitted by nonparty Loretta Ann Greer. (6 pages) (REK) (Entered: 07/14/2016)

July 14, 2016 PACER
59

NOTICE of Service of Discovery filed by Prison Legal News. (Weber, Lance) (Entered: 07/21/2016)

July 21, 2016 PACER
60

NOTICE of Service of Discovery filed by Charles L Ryan. (Gottfried, Michael) (Entered: 08/01/2016)

Aug. 1, 2016 PACER
61

NOTICE of Service of Discovery filed by Charles L Ryan. (Gottfried, Michael) (Entered: 08/01/2016)

Aug. 1, 2016 PACER
62

STATEMENT of Discovery Dispute (Joint) by Plaintiff Prison Legal News. (Attachments: # 1 Exhibit A to Joint Statement re Discovery Dispute)(Stone-Manista, Krista) (Entered: 08/05/2016)

1 Exhibit A to Joint Statement re Discovery Dispute

View on PACER

Aug. 5, 2016 PACER
63

ORDER Defendants need not comply with Plaintiff's Notice of Entryonto Land (Doc. 62-1). Signed by Senior Judge Roslyn O. Silver on 8/12/16. (CLB) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
64

TRANSCRIPT REQUEST by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan for proceedings held on March 11, 2016, Judge Roslyn O Silver hearing judge(s). (Gottfried, Michael) (Entered: 08/29/2016)

Aug. 29, 2016 PACER
65

NOTICE of Service of Discovery filed by Prison Legal News. (Stone-Manista, Krista) (Entered: 08/31/2016)

Aug. 31, 2016 PACER
66

NOTICE of Service of Discovery filed by Prison Legal News. (Bodney, David) (Entered: 09/01/2016)

Sept. 1, 2016 PACER
67

First MOTION for Extension of Time to File Joint Settlement and Discovery Statement by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan. (Attachments: # 1 Text of Proposed Order)(Gottfried, Michael) (Entered: 09/02/2016)

1 Text of Proposed Order

View on PACER

Sept. 2, 2016 PACER
68

NOTICE of Service of Discovery filed by Charles L Ryan. (Gottfried, Michael) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
69

ORDER: Pursuant to the Parties' Stipulated Motion for Extension of Time for Filing Joint Statement Concerning Settlement Status and Discovery Progress, and good cause appearing, IT IS ORDERED the motion (Doc. 67 ) is GRANTED. The Parties shall have through September 12, 2016, to file their joint statement concerning discovery and settlement. Signed by Senior Judge Roslyn O Silver on 9/6/2016. (KAL) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
70

MOTION for Protective Order (Stipulated) by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan. (Attachments: # 1 Text of Proposed Order Protective Order)(Gottfried, Michael) (Entered: 09/12/2016)

1 Text of Proposed Order Protective Order

View on PACER

Sept. 12, 2016 PACER
71

*Second NOTICE of Discovery and Settlement re: Second Joint Statement re Status of Discovery and Settlement by Prison Legal News . (Ells, Lisa) *Modified to correct event on 9/13/2016 (REK). (Entered: 09/12/2016)

Sept. 12, 2016 PACER
72

ORDER: The Motion for Protective Order (Doc. 70) is GRANTED. Pursuant to Fed.R.Civ.P. 26(c) that the following procedures shall apply to confidential documents and information produced or disclosed in this case: See Document for Full Details. Signed by Senior Judge Roslyn O Silver on 9/14/2016. (REK) (Entered: 09/14/2016)

Sept. 14, 2016 PACER
73

NOTICE of Service of Discovery filed by Charles L Ryan. (Gottfried, Michael) (Entered: 09/16/2016)

Sept. 16, 2016 PACER
74

OBJECTION to subpoena duces tecum by Defendants Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan, Objector Michele Frame. (Gottfried, Michael) (Entered: 09/16/2016)

Sept. 16, 2016 PACER
75

OBJECTION to subpoena duces tecum by Defendants Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan, Objector Alejandro Salazar. (Gottfried, Michael) (Entered: 09/16/2016)

Sept. 16, 2016 PACER
76

* MOTION to Amend/Correct 1 Complaint by Prison Legal News. (Attachments: # 1 Declaration of Lance Weber ISO Plaintiff's Motion for Leave to File First Amended Complaint, # 2 [Proposed] Order Granting Plaintiff's Motion for Leave to File First Amended Complaint)(Ells, Lisa) *Modified to add document link on 9/26/2016 (REK). (Entered: 09/23/2016)

1 Declaration of Lance Weber ISO Plaintiff's Motion for Leave to File First

View on PACER

2 [Proposed] Order Granting Plaintiff's Motion for Leave to File First Amend

View on PACER

Sept. 23, 2016 PACER
77

NOTICE of Service of Discovery filed by Prison Legal News. (Bodney, David) (Entered: 09/27/2016)

Sept. 27, 2016 PACER
78

NOTICE of Service of Discovery filed by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan. (Gottfried, Michael) (Entered: 09/29/2016)

Sept. 29, 2016 PACER
79

RESPONSE to Motion re: 76 MOTION to Amend/Correct Complaint and Notice of No Objection filed by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan. (Gottfried, Michael) (Entered: 09/30/2016)

Sept. 30, 2016 PACER
80

NOTICE re: Confidentiality Previously Disclosed Documents by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan re: 72 Order on Motion for Protective Order . (Gottfried, Michael) (Entered: 10/04/2016)

Oct. 4, 2016 PACER
81

NOTICE of Service of Discovery filed by Prison Legal News. (DiGiacomo, Michael) (Entered: 10/07/2016)

Oct. 7, 2016 PACER
82

ORDER: Having considered Plaintiff's Motion for Leave to Amend Complaint (Doc. 76 ), and Defendants Response and Notice of No Objection to Motion to Amend Complaint (Doc. 79 ), IT IS ORDERED the motion (Doc. 76 ) is GRANTED. Plaintiff shall file and serve the First Amended Complaint on all parties under Rule 5 of the Federal Rules of Civil Procedure within fourteen (14) days of the filing of this Order. Signed by Senior Judge Roslyn O Silver on 10/7/2016. (KAL) (Entered: 10/11/2016)

Oct. 11, 2016 PACER
83

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES UNDER THE CIVIL RIGHTS ACT, 42 U.S.C. § 1983 against Prison Legal News filed by Prison Legal News. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-F, # 3 Exhibit G-I, # 4 Exhibit J-L)(DiGiacomo, Michael) (Entered: 10/24/2016)

1 Exhibit A-C

View on PACER

2 Exhibit D-F

View on PACER

3 Exhibit G-I

View on PACER

4 Exhibit J-L

View on PACER

Oct. 24, 2016 PACER

Pro Hac Vice Fee Paid

Oct. 24, 2016 PACER
84

MOTION for Admission Pro Hac Vice as to attorney Andrew Spore on behalf of Prison Legal News. (BAS) (Entered: 10/24/2016)

Oct. 24, 2016 PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX176822 as to Andrew Spore. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 24, 2016 PACER
85

ORDER pursuant to General Order 09-08 granting 84 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
86

NOTICE of Service of Discovery filed by Prison Legal News. (DiGiacomo, Michael) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
87

NOTICE of Service of Discovery filed by Prison Legal News. (DiGiacomo, Michael) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
88

NOTICE of Errata re: 83 Amended Complaint for Declaratory and Injunctive Relief and Damages Under the Civil Rights Act, 42 U.S.C. § 1983 by Plaintiff Prison Legal News.. (DiGiacomo, Michael) (Entered: 11/01/2016)

Nov. 1, 2016 PACER
89

NOTICE re: Service of Defendants' Offer of Judgment by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan . (Gottfried, Michael) (Entered: 11/01/2016)

Nov. 1, 2016 PACER
90

NOTICE of Service of Discovery filed by Jeff Hood, Alf Olson, Gail Rittenhouse, Charles L Ryan. (Gottfried, Michael) (Entered: 11/01/2016)

Nov. 1, 2016 PACER
91

NOTICE of Service of Discovery filed by Prison Legal News. (DiGiacomo, Michael) (Entered: 11/02/2016)

Nov. 2, 2016 PACER

State / Territory: Arizona

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: Nov. 6, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prison Legal News, a publisher of a journal of corrections news and analysis and a distributor of books to prisoners, lawyers, etc. about the criminal justice system and legal issues affecting prisoners.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Department of Corrections, State

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)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Mail

Type of Facility:

Government-run