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Case: Prison Legal News v. Florida Department of Corrections

4:12-cv-00239 | U.S. District Court for the Northern District of Florida

Filed Date: Oct. 17, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 17, 2011, Prison Legal News (PLN) filed this lawsuit in the U.S. District Court for the Northern District of Florida. The plaintiff sued the Corrections Corporation of America (CCA), the Florida Department of Corrections (FDOC) Secretary in his official capacity, and GEO Group. Claiming violations of the First, Fifth, and Fourteenth Amendments, the plaintiff alleged that the defendants illegally censored PLN’s news publications and books from prisoners. Represented by the Florida Ju…

On November 17, 2011, Prison Legal News (PLN) filed this lawsuit in the U.S. District Court for the Northern District of Florida. The plaintiff sued the Corrections Corporation of America (CCA), the Florida Department of Corrections (FDOC) Secretary in his official capacity, and GEO Group. Claiming violations of the First, Fifth, and Fourteenth Amendments, the plaintiff alleged that the defendants illegally censored PLN’s news publications and books from prisoners. Represented by the Florida Justice Institute and the Human Rights Defense Center, the plaintiff sought monetary, declaratory and injunctive relief and attorney fees and costs. Judge Robert L. Hinkle was initially assigned to the case before it was reassigned to Judge Mark Walker on December 21, 2012.

In January 2012, the plaintiff filed its first amended complaint. All defendants subsequently moved to dismiss the amended complaint for failure to state a claim upon which relief may be granted. On June 7, 2012, the motions were denied. The defendants then filed their answers to the amended complaint.

In March 2012, the defendants moved to transfer the case to the U.S. District Court for the Southern District of Florida. The motion was granted and it was transferred on April 3, 2012. On April 12, 2012, PLN moved to transfer the case to the Tallahassee Division, and the court granted this request on May 9, 2012.

On October 10, 2012, the defendants each moved for summary judgment.

On January 29, 2013, the parties moved to dismiss the CCA and the Geo Group, as defendants without opposition because the parties had reached a private settlement agreement. The court approved this dismissal and retained jurisdiction over the private settlement agreement to ensure compliance. The lawsuit against the secretary of the FDOC remained.

The parties filed cross-motions for summary judgment on March 8, 2013. On August 11, 2014, after the court held hearings on the issue, it denied both motions for summary judgment. The case proceeded to trial.

January 5, 2015, began a four-day bench trial between PLN and FDOC. On October 5, 2015, the court dismissed the plaintiff’s First Amendment claims but ruled in favor of the plaintiff’s Fifth and Fourteenth Amendment Due Process claims. 2015 WL 12911752. While it acknowledged that FDOC had valid security concerns regarding PLN’s publications, the court found that FDOC did not give the plaintiff proper notice before censoring those publications. Thus, the court prohibited FDOC from censoring the plaintiff’s written communication without due process of law. To ensure due process, the court ordered FDOC to give notice of future censorship of PLN’s publications.

PLN appealed the dismissal of the First Amendment claim. On May 17, 2018, the U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court’s decision, finding that the district court had not abused its discretion. 2018 WL 2251249. Judges Edward Carnes (Chief Judge), Joel Dubina (Circuit Judge), and Anne Conway (US District Judge for the Middle District of Florida) were assigned to this appeal. In September of 2018, the plaintiff moved to appeal to the U.S. Supreme Court.

On January 7, 2019, the U.S. Supreme Court denied cert. 139 S.Ct. 795.

Following this denial, PLN moved for attorney's fees in February, 2019. On October 22, 2019, the court issued an order awarding PLN $1,148,210.89 in attorneys' fees, $33,448.57 in expenses, and $6,204.42 in costs. PLNs total judgment amount was $1,187,863.88.

The court retains jurisdiction to enforce the permanent injunction.

Summary Authors

Sean Whetstone (6/12/2018)

Anna Brito (10/18/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5023115/parties/prison-legal-news-v-inch/


Judge(s)

Hinkle, Robert Lewis (Florida)

Stampelos, Charles A (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Berg, Randall Challen Jr. (Florida)

Glickman, Joshua Aaron (Florida)

Heller, Shawn Alex (Florida)

Heller [inactive], Shawn Alex (Florida)

Marshall, Randall C (Florida)

Neelakanta, Sabarish (Florida)

Stevenson, Benjamin James (Florida)

Judge(s)

Hinkle, Robert Lewis (Florida)

Stampelos, Charles A (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Berg, Randall Challen Jr. (Florida)

Glickman, Joshua Aaron (Florida)

Heller, Shawn Alex (Florida)

Heller [inactive], Shawn Alex (Florida)

Marshall, Randall C (Florida)

Neelakanta, Sabarish (Florida)

Stevenson, Benjamin James (Florida)

Trevisani, Dante Pasquale (Florida)

Weber, Lance Theodore (Florida)

Weber [DUP], Lance Theodore (Florida)

Attorneys(s) for Defendant

Adkins, Gwendolyn Palmer (Florida)

Garland, Cedell Ian (Florida)

Gellis, Sean William (Florida)

Graper, Marcus Owen (Florida)

Isani, Jamie Zysk (Florida)

Julin, Thomas R. (Florida)

Maher, Susan Adams (Florida)

Neff, Lance Eric (Florida)

Schifino, John Allen (Florida)

Seagle, Scott J. (Florida)

Stoler, Robert M. (Florida)

Thomas, Mary Bonanno (Florida)

Tietig, Lisa Kuhlman (Florida)

Waronicki, Brett Michael (Florida)

Expert/Monitor/Master

Walker, Mark Eaton (Florida)

Documents in the Clearinghouse

Document

4:12-cv-00239

Docket [PACER]

Prison Legal News v. Jones

Sept. 28, 2018

Sept. 28, 2018

Docket
1

4:12-cv-00239

Complaint

Prison Legal News v. Mayo

Nov. 17, 2011

Nov. 17, 2011

Complaint
14

4:12-cv-00239

1:11-cv-24145

First Amended Complaint

Prison Legal News v. The Geo Group, Inc.

U.S. District Court for the Southern District of Florida

Dec. 16, 2011

Dec. 16, 2011

Complaint
65

4:12-cv-00239

Order Denying the Motions to Dismiss

Prison Legal News v. The Geo Group

June 7, 2012

June 7, 2012

Order/Opinion
279

4:12-cv-00239

Amended Order

Prison Legal News v. Jones

Oct. 5, 2015

Oct. 5, 2015

Order/Opinion
92

4:12-cv-00239

15-14220

Opinion from the Eleventh Circuit Court of Appeals

U. S. Court of Appeals for the Eleventh Circuit

May 17, 2018

May 17, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5023115/prison-legal-news-v-inch/

Last updated Aug. 29, 2022, 3:26 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants. Filing fee $ 350.00 receipt number 113C-4240413, filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) Kenneth S. Tucker, # 3 Summon(s) Larry Mayo, # 4 Summon(s) Jeff Atwater, # 5 Summon(s) Norman Jenkins, # 6 Summon(s) William Churchwell)(Berg, Randall) [Transferred from Florida Southern on 4/3/2012.] (Entered: 11/17/2011)

1 Civil Cover Sheet

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2 Summon(s) Kenneth S. Tucker

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3 Summon(s) Larry Mayo

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4 Summon(s) Jeff Atwater

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5 Summon(s) Norman Jenkins

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6 Summon(s) William Churchwell

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Nov. 17, 2011

Nov. 17, 2011

PACER
2

Judge Assignment to Judge Patricia A. Seitz and Magistrate Judge Andrea M. Simonton (abe) [Transferred from Florida Southern on 4/3/2012.] (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
3

NOTICE of Attorney Appearance by Joshua Aaron Glickman on behalf of Prison Legal News (Glickman, Joshua) [Transferred from Florida Southern on 4/3/2012.] (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
4

Summons Issued as to All Defendants. (Attachments: # 1 Summon(s), # 2 Summon(s), # 3 Summon(s))(abe) [Transferred from Florida Southern on 4/3/2012.] (Entered: 11/17/2011)

1 Summon(s)

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2 Summon(s)

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3 Summon(s)

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Nov. 17, 2011

Nov. 17, 2011

PACER
7

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lance Weber. Filing Fee $ 75.00. Receipt # 28701. (ksa) [Transferred from Florida Southern on 4/3/2012.] (Entered: 11/21/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
5

NOTICE of Attorney Appearance by Randall C. Marshall on behalf of Prison Legal News (Marshall, Randall) [Transferred from Florida Southern on 4/3/2012.] (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
6

NOTICE of Attorney Appearance by Shawn Alex Heller on behalf of Prison Legal News (Heller, Shawn) [Transferred from Florida Southern on 4/3/2012.] (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
8

ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 11/22/2011. (ots) [Transferred from Florida Southern on 4/3/2012.] (Entered: 11/23/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
9

NOTICE of Attorney Appearance by Susan A. Maher on behalf of Larry Mayo, Kenneth S Tucker (Maher, Susan) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
10

SUMMONS (Affidavit) Returned Executed on 1 Complaint, by Prison Legal News. Larry Mayo served on 11/30/2011, answer due 12/21/2011. (Attachments: # 1 Affidavit Return of Service for Larry Mayo)(Berg, Randall) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/09/2011)

1 Affidavit Return of Service for Larry Mayo

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Dec. 9, 2011

Dec. 9, 2011

PACER
11

Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 2/22/2012. Signed by Judge Patricia A. Seitz on 12/9/2011. (lw) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
12

SUMMONS (Affidavit) Returned Executed on 1 Complaint, by Prison Legal News. Kenneth S Tucker served on 12/5/2011, answer due 12/27/2011. (Attachments: # 1 Affidavit Return of Service for Kenneth Tucker)(Berg, Randall) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/13/2011)

1 Affidavit Return of Service for Kenneth Tucker

View on PACER

Dec. 13, 2011

Dec. 13, 2011

PACER
13

SUMMONS (Affidavit) Returned Executed on 1 Complaint, by Prison Legal News. Norman Jenkins served on 12/8/2011, answer due 12/29/2011. (Attachments: # 1 Affidavit Service of Process Return for Norman Jenkins)(Berg, Randall) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/14/2011)

1 Affidavit Service of Process Return for Norman Jenkins

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Dec. 14, 2011

Dec. 14, 2011

PACER
14

First AMENDED COMPLAINT against All Defendants, filed by Prison Legal News.(Glickman, Joshua) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
15

NOTICE of Attorney Appearance by Lance Eric Neff on behalf of Kenneth S Tucker (Neff, Lance) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
16

NOTICE of Filing Proposed Summons(es) for The GEO Group, Inc. by Prison Legal News re 14 Amended Complaint filed by Prison Legal News (Berg, Randall) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
17

NOTICE of Filing Proposed Summons(es) for Corrections Corporation of America by Prison Legal News re 14 Amended Complaint filed by Prison Legal News (Berg, Randall) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
18

MOTION to Change Venue ( Responses due by 1/9/2012), MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM by Kenneth S Tucker. (Attachments: # 1 Affidavit Exh. A: Declaration of A. Walters, # 2 Exhibit Exh. B: Court Order and Opinion)(Neff, Lance) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/22/2011)

1 Affidavit Exh. A: Declaration of A. Walters

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2 Exhibit Exh. B: Court Order and Opinion

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Dec. 22, 2011

Dec. 22, 2011

PACER
19

Summons Issued as to The GEO Group, Inc.. (ots) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

PACER
20

Summons Issued as to Corrections Corporation of America. (ots) [Transferred from Florida Southern on 4/3/2012.] (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

PACER
21

NOTICE of Attorney Appearance by Dante Pasquale Trevisani on behalf of Prison Legal News (Trevisani, Dante) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/09/2012)

Jan. 9, 2012

Jan. 9, 2012

PACER
22

RESPONSE in Opposition re 18 MOTION to Change Venue MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Prison Legal News. (Attachments: # 1 Exhibit 1: Declaration of Paul Wright)(Trevisani, Dante) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/09/2012)

1 Exhibit 1: Declaration of Paul Wright

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Jan. 9, 2012

Jan. 9, 2012

PACER
23

REPLY to Response to Motion re 18 MOTION to Change Venue MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Kenneth S Tucker. (Attachments: # 1 Exhibit A-E)(Neff, Lance) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/12/2012)

1 Exhibit A-E

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Jan. 12, 2012

Jan. 12, 2012

PACER
24

Unopposed MOTION for Leave to File SUR-REPLY TO DEFENDANT TUCKER'S REPLY TO PLAINTIFF'S RESPONSE TO THE MOTION TO TRANSFER VENUE AND MOTION TO DISMISS AMENDED COMPLAINT by Prison Legal News. (Glickman, Joshua) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

PACER
25

ORDER granting 24 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge Due by 01/20/2012. Signed by Judge Patricia A. Seitz (ots) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/19/2012)

Jan. 18, 2012

Jan. 18, 2012

PACER
26

REPLY to Response to Motion re 18 MOTION to Change Venue MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM, 24 Unopposed MOTION for Leave to File SUR-REPLY TO DEFENDANT TUCKER'S REPLY TO PLAINTIFF'S RESPONSE TO THE MOTION TO TRANSFER VENUE AND MOTION TO DISMISS AMENDED COMPLAINT filed by Prison Legal News. (Glickman, Joshua) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/19/2012)

Jan. 19, 2012

Jan. 19, 2012

PACER
27

Corporate Disclosure Statement by Prison Legal News (Trevisani, Dante) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/20/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
28

WAIVER OF SERVICE Returned Executed by Prison Legal News. The GEO Group, Inc. waiver sent on 12/20/2011, answer due 2/21/2012. (Trevisani, Dante) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/23/2012)

Jan. 23, 2012

Jan. 23, 2012

PACER
29

MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM by Corrections Corporation of America. Responses due by 2/13/2012 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Thomas, Mary). Added MOTION to Change Venue on 1/30/2012 (lk). [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/26/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Jan. 26, 2012

Jan. 26, 2012

PACER
30

Corporate Disclosure Statement by Corrections Corporation of America (Thomas, Mary) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
31

Clerks Notice to Filer re 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (lk) [Transferred from Florida Southern on 4/3/2012.] (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
32

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John A. Schifino. Filing Fee $ 75.00. Receipt # 32815. (ksa) [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/02/2012)

Jan. 31, 2012

Jan. 31, 2012

PACER
33

ORDER granting 32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 2/3/2012. (ots) [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

PACER
34

Unopposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue MOTION to Change Venue by Prison Legal News. (Glickman, Joshua) [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER
35

ORDER granting 34 Motion for Extension of Time to File Response/Reply re 34 Unopposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue MOTION to Change Venue Responses due by 2/28/2012. Signed by Judge Patricia A. Seitz on 2/13/2012. (ots) [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/13/2012)

Feb. 13, 2012

Feb. 13, 2012

PACER
36

Corporate Disclosure Statement by The GEO Group, Inc. (Waronicki, Brett) [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
37

NOTICE of Joinder and Motion to Dismiss First Amended Complaint and Motion to Transfer Venue by Defendant the Geo Group, Inc. by The GEO Group, Inc. re 35 Order on Motion for Extension of Time to File Response/Reply, Motion to Dismiss First Amended Complaint and Motion to Transfer Venue (Attachments: # 1 Affidavit Mark Henry)(Waronicki, Brett) Modified on 2/16/2012 (dj). Modified on 2/16/2012 (dj). [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/15/2012)

1 Affidavit Mark Henry

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Feb. 15, 2012

Feb. 15, 2012

PACER
38

Clerks Notice to Filer re 37 Notice (Other). Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (dj) [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/16/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
39

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings for Gwendolyn P. Adkins and Scott J. Seagle. Filing Fee $ 150.00. Receipt # 91408. (ksa) (Additional attachment(s) added on 2/17/2012: # 1 Text of Proposed Order) (vp). [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/16/2012)

1 Text of Proposed Order

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Feb. 15, 2012

Feb. 15, 2012

PACER
40

ORDER granting 39 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 2/17/2012. (lk) [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
41

SCHEDULING REPORT - Rule 26(f) by Corrections Corporation of America, Prison Legal News, The GEO Group, Inc., Kenneth S Tucker (Attachments: # 1 Exhibit A - Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Discovery Motions)(Glickman, Joshua) [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/22/2012)

1 Exhibit A - Election to Jurisdiction by a United States Magistrate Judge for Fin

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Feb. 22, 2012

Feb. 22, 2012

PACER
42

RESPONSE in Opposition re 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue MOTION to Change Venue, 37 Motion for Miscellaneous Relief filed by Prison Legal News. (Attachments: # 1 Exhibit 1 - Declaration of Paul Wright)(Trevisani, Dante) [Transferred from Florida Southern on 4/3/2012.] (Entered: 02/27/2012)

1 Exhibit 1 - Declaration of Paul Wright

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Feb. 27, 2012

Feb. 27, 2012

PACER
43

REPLY to Response to Motion re 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue MOTION to Change Venue filed by Corrections Corporation of America. (Stoler, Robert) [Transferred from Florida Southern on 4/3/2012.] (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
44

Clerks Notice to Filer re 43 Reply to Response to Motion. Document not filed in Text Searchable Format; ERROR - The document was not filed in Text Searchable Format. All future filings must be submitted in Text Searchable format as instructed in the CM/ECF Administrative Procedure 3G(5) -Page 10-. It is not necessary to refile this document. (ots) [Transferred from Florida Southern on 4/3/2012.] (Entered: 03/07/2012)

March 6, 2012

March 6, 2012

PACER
45

NOTICE of Attorney Appearance by Cedell Ian Garland on behalf of Kenneth S Tucker (Garland, Cedell) [Transferred from Florida Southern on 4/3/2012.] (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

PACER
46

ORDER granting Defendant's Motions to Transfer Venue ( 18 29 37 ) to the U.S. District Court for the Northern District of Florida. Signed by Judge Patricia A. Seitz on 3/30/2012. (dgj) [Transferred from Florida Southern on 4/3/2012.] (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
47

Case transferred in from District of Florida Southern; Case Number 1:11-cv-24145 Original file with documents 1 - 46 transferred (pmc). (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
48

NOTICE Regarding Admission to Practice mailed to: Atty LANCE WEBER. (pmc) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 46 ORDER granting Defendant's Motions to Transfer Venue ( 18 29 37 ) to the U.S. District Court for the Northern District of Florida. (pmc)

April 3, 2012

April 3, 2012

PACER
49

MOTION to Transfer Case to Tallahassee Division by PRISON LEGAL NEWS. (Internal deadline for referral to judge if response not filed earlier: 4/30/2012). (TREVISANI, DANTE) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER
50

MOTION for Extension of Time to File Response/Reply TO DEFENDANTS CORRECTIONS CORPORATION OF AMERICA AND THE GEO GROUP, INC.'S MOTIONS TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (WITHOUT OPPOSITION) by PRISON LEGAL NEWS. (GLICKMAN, JOSHUA) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 50 Unopposed MOTION for Extension of Time to File Response/Reply TO DEFENDANTS CORRECTIONS CORPORATION OF AMERICA AND THE GEO GROUP, INC.'S MOTIONS TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (WITHOUT OPPOSITION). (pmc)

April 12, 2012

April 12, 2012

PACER
51

ORDER Granting 50 Motion for Extension of Time to File Response to Defendants CORRECTION CORPORATION OF AMERICA and the GEO GROUP INC'S Motion to Dismiss Plaintiff's First Amended Complaint. Signed by SENIOR JUDGE ROGER VINSON on April 13, 2012. (pmc) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

PACER
52

MOTION for Leave to File Attorney Time Records (Without Opposition) by PRISON LEGAL NEWS. (GLICKMAN, JOSHUA) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
53

ORDER Granting 52 Motion for Leave to File Attorney Time Records. Signed by SENIOR JUDGE ROGER VINSON on April 17, 2012. (pmc) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 52 MOTION for Leave to File Attorney Time Records (Without Opposition). (pmc)

April 17, 2012

April 17, 2012

PACER
54

RESPONSE in Opposition re 49 MOTION to Transfer Case to Tallahassee Division filed by GEO GROUP INC. (SEAGLE, SCOTT) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
55

ATTORNEY TIME RECORDS by PRISON LEGAL NEWS. (GLICKMAN, JOSHUA) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
56

ATTORNEY TIME RECORDS - SEALED PORTION by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit Attorney Time Records (FJI), # 2 Exhibit Attorney Time Records (ACLU), # 3 Exhibit Attorney Time Records (HRDC) Lance Weber, # 4 Exhibit Attorney Time Records (HRDC) Adam Cook, # 5 Exhibit Attorney Time Records (HRDC) Alissa Hull, # 6 Exhibit Non-Attorney Time Records (HRDC)) (GLICKMAN, JOSHUA) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 49 MOTION to Transfer Case to Tallahassee Division, 54 Response in Opposition to Motion. (pmc)

May 1, 2012

May 1, 2012

PACER
57

ORDER. The plaintiff's motion to transfer (doc. 49 ) is hereby GRANTED. The Clerk is directed to transfer this case to the Tallahassee Division. The defendants' pending motions to dismiss, contained within their prior-filed motions to transfer (docs. 18, 29, 37 ), will carry with the case. Signed by SENIOR JUDGE ROGER VINSON on May 9, 2012. (pmc) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 57 Order Transferring Case. (pmc)

May 10, 2012

May 10, 2012

PACER
58

ATTORNEY TIME RECORDS by PRISON LEGAL NEWS. (GLICKMAN, JOSHUA) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
59

ATTORNEY TIME RECORDS - SEALED PORTION by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit Attorney Time (FJI) April 2012, # 2 Exhibit Attorney Time (ACLU) April 2012, # 3 Exhibit Attorney Time (HRDC - Allisa Hull) April 2012, # 4 Exhibit Attorney Time (HRDC - Lance Weber) April 2012) (GLICKMAN, JOSHUA) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
60

RESPONSE in Opposition re 29, 37 Defendant Corrections Corporation of America and Defendant The GEO Group, Inc.'s Motions to Dismiss Plaintiff's First Amended Complaint filed by PRISON LEGAL NEWS. (GLICKMAN, JOSHUA) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
61

INITIAL SCHEDULING ORDER :Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/30/2012. Rule 26 Meeting Report due by 6/29/2012. Discovery due by 9/10/2012. Signed by JUDGE ROBERT L HINKLE on 5/16/2012. (dlt) (Entered: 05/17/2012)

May 16, 2012

May 16, 2012

PACER
62

Corporate Disclosure Statement/Certificate of Interested Persons by CORRECTIONS CORPORATION OF AMERICA. (SCHIFINO, JOHN) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

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63

Corporate Disclosure Statement/Certificate of Interested Persons by PRISON LEGAL NEWS. (TREVISANI, DANTE) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 61 Scheduling Order - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement not filed by GEO GROUP INC. (pll)

June 1, 2012

June 1, 2012

PACER
64

DOCKET ANNOTATION BY COURT Re 36 Corporate Disclosure Statement/Certificate of Interested Persons filed by GEO GROUP INC. (pll) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
65

ORDER DENYING THE MOTIONS TO DISMISS - The motions to dismiss for failure to state a claim on which relief can be granted, ECF No. 29 and 37, are DENIED. Signed by JUDGE ROBERT L HINKLE on 6/7/2012. (dlt) (Entered: 06/08/2012)

June 7, 2012

June 7, 2012

PACER
66

REPORT of Rule 26(f) Planning Meeting. (BERG, RANDALL) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
67

ANSWER to 14 Amended Complaint and Affirmative Defenses by GEO GROUP INC. (SEAGLE, SCOTT) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
68

ANSWER to 14 Amended Complaint and Affirmative Defenses by KENNETH S TUCKER. (MAHER, SUSAN) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
69

ANSWER to 14 Amended Complaint and Affirmative Defenses by CORRECTIONS CORPORATION OF AMERICA. (SCHIFINO, JOHN) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
70

SCHEDULING AND MEDIATION ORDER :( Discovery due by 3/15/2013., Dispositive Motions to be filed by 4/5/2013., Attorney Client Trial Advisory Notice due by 7/18/2012., Jury Trial set for 8/5/2013 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE., Mediation Report due by 4/26/2013.), Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 6/25/2012. (dlt) (Entered: 06/26/2012)

June 25, 2012

June 25, 2012

PACER
71

NOTICE of Compliance with Paragraph One by PRISON LEGAL NEWS re 70 Scheduling Order, Case Referred to Mediation,, (BERG, RANDALL) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
72

Consent MOTION to Withdraw as Attorney by PRISON LEGAL NEWS. (GLICKMAN, JOSHUA) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
73

ORDER GRANTING 72 MOTION FOR LEAVE TO WITHDRAW - GLICKMAN. Attorney JOSHUA AARON GLICKMAN terminated Signed by JUDGE ROBERT L HINKLE on 7/10/2012. (dlt) (Entered: 07/13/2012)

July 10, 2012

July 10, 2012

PACER
74

NOTICE of Compliance [Joint] by CORRECTIONS CORPORATION OF AMERICA, GEO GROUP INC, KENNETH S TUCKER re 70 Scheduling Order,, Case Referred to Mediation, (MAHER, SUSAN) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
75

RESPONSE by PRISON LEGAL NEWS re 74 Notice (Other), 71 Notice (Other), 70 Scheduling Order,, Case Referred to Mediation, to Defendants' Joint Notice of Compliance by PRISON LEGAL NEWS. (BERG, RANDALL) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
76

ORDER REVISING THE SCHEDULE re 70 Scheduling and Mediation Order.(Discovery due by 1/15/2013., Jury Trial rescheduled for 5/6/2013 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) Signed by JUDGE ROBERT L HINKLE on 7/29/2012. (dlt) (Entered: 07/31/2012)

July 29, 2012

July 29, 2012

PACER
77

MOTION to Withdraw as Attorney (Unopposed) by PRISON LEGAL NEWS. (HELLER, SHAWN) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
78

ORDER GRANTING LEAVE TO WITHDRAW HELLER - GRANTING 77 MOTION to Withdraw as Attorney (Unopposed) filed by PRISON LEGAL NEWS. Attorney SHAWN ALEX HELLER terminated. Signed by JUDGE ROBERT L HINKLE on 9/21/2012. (dlt) (Entered: 09/24/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
79

MOTION for Summary Judgment by CORRECTIONS CORPORATION OF AMERICA, GEO GROUP INC. (Internal deadline for referral to judge if response not filed earlier: 10/29/2012). (SEAGLE, SCOTT) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
80

STATEMENT OF FACTS and Memorandum of Law Re: 79 MOTION for Summary Judgment . (SEAGLE, SCOTT) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
81

NOTICE of Filing Documents in Support of Motion for Summary Judgment by CORRECTIONS CORPORATION OF AMERICA, GEO GROUP INC re 79 MOTION for Summary Judgment, 80 Statement of Facts (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 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14) (SEAGLE, SCOTT) (Entered: 10/10/2012)

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 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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Oct. 10, 2012

Oct. 10, 2012

PACER
82

MOTION for Extension of Time to File Response/Reply as to 79 MOTION for Summary Judgment by PRISON LEGAL NEWS. (TREVISANI, DANTE) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER
83

ORDER EXTENDING THE DEADLINE TO RESPOND TO THE SUMMARY-JUDGMENT MOTION - GRANTED 82 Plaintiff's MOTION for Extension of Time to File Response/Reply as to 79 MOTION for Summary Judgment. ( Plaintiff's Response to motion due by 11/5/2012.) Signed by JUDGE ROBERT L HINKLE on 11/1/2012. (dlt) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
84

RESPONSE in Opposition re 79 MOTION for Summary Judgment filed by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit 1 - Blackwater Contract, # 2 Exhibit 2 - Declaration of Paul Wright) (TREVISANI, DANTE) (Entered: 11/02/2012)

1 Exhibit 1 - Blackwater Contract

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2 Exhibit 2 - Declaration of Paul Wright

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Nov. 2, 2012

Nov. 2, 2012

PACER
85

RESPONSE in Opposition re 79 MOTION for Summary Judgment (Amended) filed by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit 1 - Blackwater Contract, # 2 Exhibit 2 - Declaration of Paul Wright) (TREVISANI, DANTE) (Entered: 11/05/2012)

1 Exhibit 1 - Blackwater Contract

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2 Exhibit 2 - Declaration of Paul Wright

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Nov. 5, 2012

Nov. 5, 2012

PACER
86

REPLY to Response to Motion re 79 MOTION for Summary Judgment filed by CORRECTIONS CORPORATION OF AMERICA, GEO GROUP INC. (SCHIFINO, JOHN) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
87

MOTION to Compel Defendant Tucker's Discovery Responses by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit 1 - Response to First Set of Interrogatories, # 2 Exhibit 2 - Response to First Set of Expert Interrogatories, # 3 Exhibit 3 - Response to First Request for Production, # 4 Exhibit 4 - Response to First Request for Admission and Second Request for Production, # 5 Exhibit 5 - Emails Documenting Discovery Agreements) (TREVISANI, DANTE) (Entered: 11/29/2012)

1 Exhibit 1 - Response to First Set of Interrogatories

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2 Exhibit 2 - Response to First Set of Expert Interrogatories

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3 Exhibit 3 - Response to First Request for Production

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4 Exhibit 4 - Response to First Request for Admission and Second Request for Produ

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5 Exhibit 5 - Emails Documenting Discovery Agreements

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Nov. 29, 2012

Nov. 29, 2012

PACER
88

Joint MOTION for Extension of Time to Complete Discovery by PRISON LEGAL NEWS. (TREVISANI, DANTE) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
89

MOTION to Compel Discovery Responses from Defendant CCA by PRISON LEGAL NEWS. (TREVISANI, DANTE) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
90

MOTION to Compel Discovery Responses from Defendant GEO by PRISON LEGAL NEWS. (TREVISANI, DANTE) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
91

ORDER EXTENDING THE DISCOVERY DEADLINE - GRANTING 88 Joint MOTION for Extension of Time to Complete Discovery filed by PRISON LEGAL NEWS. ( Dispositive Motions to be filed by 3/8/2013., Discovery due by 2/15/2013., Mediation Report due by 3/29/2013.)The trial remains set for May 6, 2013. Signed by JUDGE ROBERT L HINKLE on 12/12/2012. (dlt) (Entered: 12/14/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
92

NOTICE of Telephonic Hearing on 87, 89, and 90 MOTIONS to Compel : Telephonic Motion Hearing set for 12/20/2012 03:00 PM EST before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (888) 684-8852 Access Code: 8131706# Security Code: 1220# at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth LawrenceCourtroom Deputy Clerk (erl) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
93

MOTION for Partial Summary Judgment on Counts III and VI by KENNETH S TUCKER. (Internal deadline for referral to judge if response not filed earlier: 1/4/2013). (Attachments: # 1 Appendix Index to Appendix, # 2 Exhibit A - Prison Legal News 2004 Complaint (January 12, 2004); Case Number 3:04-cv-00014-JHM-TEM, # 3 Exhibit B - Order, Findings of Fact and Conclusions of Law (July 28, 2005); Issued By United States District Judge John H. Moore II for the United States District Court, Middle District of Florida, Jacksonville Division; Case Number 3:04-cv-00014-JHM-TEM, # 4 Exhibit C - Prison Legal News 2011 Complaint (December 16, 2011); CaseNumber 4:12-cv-239-RH-CAS, # 5 Exhibit D - Admissible Reading Material rule, 33-501.401 (July 2, 2003), # 6 Exhibit E - Admissible Reading Material rule, 33-501.401 (December 30, 2004), # 7 Exhibit F - Admissible Reading Material rule, 33-501.401 (November 22, 2010)) (MAHER, SUSAN) (Entered: 12/17/2012)

1 Appendix Index to Appendix

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2 Exhibit A - Prison Legal News 2004 Complaint (January 12, 2004); Case Number 3:0

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3 Exhibit B - Order, Findings of Fact and Conclusions of Law (July 28, 2005); Issu

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4 Exhibit C - Prison Legal News 2011 Complaint (December 16, 2011); CaseNumber 4:1

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5 Exhibit D - Admissible Reading Material rule, 33-501.401 (July 2, 2003)

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6 Exhibit E - Admissible Reading Material rule, 33-501.401 (December 30, 2004)

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7 Exhibit F - Admissible Reading Material rule, 33-501.401 (November 22, 2010)

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Dec. 17, 2012

Dec. 17, 2012

PACER
94

RESPONSE in Opposition re 87 MOTION to Compel Defendant Tucker's Discovery Responses filed by KENNETH S TUCKER. (MAHER, SUSAN) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 17, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff, Prison Legal News, a publisher of a monthly magazine, Prison Legal News, and a distributor of books and other materials relating to the legal rights of prisoners and the conditions affecting prisoners. In this case, the plaintiff was represented by the Social Justice Law Collective and by the Human Rights Defense Center.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Corrections Corporation of America, Private Entity/Person

GEO Group Inc., Private Entity/Person

Florida Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,187,863.88

Order Duration: 2015 - None

Content of Injunction:

Required disclosure

Issues

General:

Mail