Case: Human Rights Defense Center v. Southwest Virginia Regional Jail Authority

1:18-cv-00013 | U.S. District Court for the Western District of Virginia

Filed Date: March 28, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 28, 2018, Human Rights Defense Center (HRDC), a non-profit organization dedicated to providing prisoners access to information about their civil and legal rights, filed a complaint against the Southwest Virginia Regional Jail Authority, the Superintendent of the Jail Authority, and ten unnamed Jail Authority employees in the U.S. District Court for the Western District of Virginia. HRDC brought the claim under 42 USC §1983, alleging that the Jail Authority’s mail policy had violated HR…

On March 28, 2018, Human Rights Defense Center (HRDC), a non-profit organization dedicated to providing prisoners access to information about their civil and legal rights, filed a complaint against the Southwest Virginia Regional Jail Authority, the Superintendent of the Jail Authority, and ten unnamed Jail Authority employees in the U.S. District Court for the Western District of Virginia. HRDC brought the claim under 42 USC §1983, alleging that the Jail Authority’s mail policy had violated HRDC’s First Amendment right to free speech and Fourteenth Amendment right to due process. HRDC, represented by its own counsel and by private litigators, sought injunctive relief, both compensatory and punitive monetary damages, and attorney fees.

Specifically, HRDC claimed the defendants were censoring and refusing to deliver educational material HRDC was sending to prisoners. Furthermore, HRDC claimed the defendants were enacting these policies without consistently notifying HRDC of their decision when they blocked information and without offering any way to appeal decisions to block material from prisoners.

HRDC moved for a preliminary injunction on March 29, 2018. Judge James P. Jones granted the preliminary injunction on July 3, 2018, preventing the defendants from continuing to censor and block prisoners’ access to HRDC’s educational materials. 2018 WL 3239299.

HRDC filed an amended complaint on February 18, 2019 that added additional allegations of censorship. A few months later, on April 12, 2019, HRDC filed a motion for summary judgment and a permanent injunction. In response, the Jail Authority and the Superintendent filed a motion for summary judgment. The Jail Authority also filed a motion to dismiss for lack of jurisdiction, and the Jail Authority employees filed a motion for judgment on the pleadings. Shortly thereafter, on April 26, 2019, HRDC filed a notice of voluntary dismissal of its claims against the Jail Authority employees. The court accordingly denied the employees' motion on May 15, 2019 and dismissed the claims against them.

On June 5, 2019, the court granted in part and denied in part both motions for summary judgment, finding that the Jail Authority violated HRDC's First Amendment rights by prohibiting prisoners from receiving books that hadn't been preapproved and by banning magazines altogether, but that the Superintendent was protected by qualified immunity from HRDC's First Amendment Claim. 396 F.Supp.3d 607. The court also found that both the Jail Authority and the Superintendent violated HRDC's Fourteenth Amendment due process rights by rejecting or confiscating HRDC mailings without adequate notice or justification or an opportunity to appeal the decision. The court scheduled a jury trial to assess damages and a hearing to determine injunctive relief.

Before the trial could be held, the parties agreed that the Jail Authority defendants would pay HRDC $1,500.00 in compensatory damages.

More than nine months later, on March 25, 2020, the court granted HRDC's motion for a permanent injunction, finding that a permanent injunction was necessary to protect HRDC's First Amendment rights and ensure that the Jail Authority does not reoffend. 448 F.Supp.3d 581. The injunction allowed the Jail Authority to reject publications for legitimate penological reasons, but required the Jail Authority to notify the sender(s) of the rejection and afford the sender(s) an opportunity to appeal. The injunction went into effect on the same day the court's order was filed.

The court also awarded HRDC reasonable attorneys' fees in the amount of $225,563.14. 2020 WL 4934603.

Summary Authors

Sarah Reasoner (1/30/2019)

Christiana Johnson (4/16/2020)

Becca Rogers (12/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6358127/parties/human-rights-defense-center-v-southwest-virginia-regional-jail-authority/


Judge(s)

Jones, James Parker (Virginia)

Sargent, Pamela Meade (Virginia)

Attorneys(s) for Plaintiff

Chapman, Thomas Stephen (District of Columbia)

Douglass, Sean Michael (District of Columbia)

Hentoff, Thomas Goodman (District of Columbia)

Johnson, Bruce E.H. (Washington)

Kelly, Chelsea Teresa (District of Columbia)

Marshall, Daniel (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Judge(s)

Jones, James Parker (Virginia)

Sargent, Pamela Meade (Virginia)

Attorneys(s) for Plaintiff

Chapman, Thomas Stephen (District of Columbia)

Douglass, Sean Michael (District of Columbia)

Hentoff, Thomas Goodman (District of Columbia)

Johnson, Bruce E.H. (Washington)

Kelly, Chelsea Teresa (District of Columbia)

Marshall, Daniel (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Attorneys(s) for Defendant

Londos, Katherine Cabell (Virginia)

Schnetzler, Nathan Henry (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 24, 2020 Docket
1

Complaint

March 28, 2018 Complaint
38

Preliminary Injunction

Human Rights Defense Center v. Southwest Virginia Jail Authority

July 3, 2018 Order/Opinion
37

Order Granting Motion for Preliminary Injunction

2018 WL 3239299

July 3, 2018 Order/Opinion
54 (& 54-1 to 54-2)

Amended Complaint

Feb. 18, 2019 Pleading / Motion / Brief
96

Opinion and Order

Human Rights Defense v. Southwest Virginia Regional Jail Authority

396 F.Supp.3d 607

June 5, 2019 Order/Opinion
129

Opinion and Order

March 25, 2020 Order/Opinion
140

Opinion and Order

Aug. 24, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6358127/human-rights-defense-center-v-southwest-virginia-regional-jail-authority/

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

ECF Number Description Date Link
1

COMPLAINT against Stephen Clear, Does 1-10, Southwest Virginia Regional Jail Authority (Filing & Administrative fee $ 400, receipt number 0423-2865645.), filed by Human Rights Defense Center. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(ab) (Entered: 03/29/2018)

1 Civil Cover Sheet

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2 Exhibit A

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March 28, 2018 RECAP
2

Negative Corporate Disclosure Statement by Human Rights Defense Center (ab) (Entered: 03/29/2018)

March 28, 2018 PACER
3

Electronic Summons Issued as to Stephen Clear, Southwest Virginia Regional Jail Authority NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 Summons Issued)(ab)

1 Summons Issued

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March 29, 2018 PACER
4

MOTION for Preliminary Injunction by Human Rights Defense Center. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean) Modified on 3/29/2018 to remove referral text; Motion not referred (lml).

1 Text of Proposed Order

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March 29, 2018 RECAP
5

Brief / Memorandum in Support re 4 MOTION for Preliminary Injunction . filed by Human Rights Defense Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Douglass, Sean)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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March 29, 2018 PACER
6

AFFIDAVIT in Support re 4 MOTION for Preliminary Injunction . filed by Human Rights Defense Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Douglass, Sean)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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March 29, 2018 PACER
7

AFFIDAVIT of Service for Complaint, Summons, and Preliminary Injunction Motion and Supporting Documents served on Southwest Virginia Regional Jail Authority on April 5, 2018, filed by Human Rights Defense Center.(Douglass, Sean)

April 11, 2018 PACER
8

AFFIDAVIT of Service for Complaint, Summons, and Preliminary Injunction Motion and Supporting Documents served on Stephen Clear on April 5, 2018, filed by Human Rights Defense Center.(Douglass, Sean)

April 11, 2018 PACER
9

MOTION for Chelsea T. Kelly to Appear Pro Hac Vice. by Human Rights Defense Center.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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April 11, 2018 PACER
10

MOTION for Thomas G. Hentoff to Appear Pro Hac Vice. by Human Rights Defense Center.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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April 11, 2018 PACER
11

MOTION for Sabarish P. Neelakanta to Appear Pro Hac Vice. by Human Rights Defense Center.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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April 11, 2018 PACER
12

MOTION for Daniel Marshall to Appear Pro Hac Vice. by Human Rights Defense Center.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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April 11, 2018 PACER
13

MOTION for Masimba Mutamba to Appear Pro Hac Vice. by Human Rights Defense Center.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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April 11, 2018 PACER
14

MOTION for Bruce E. H. Johnson to Appear Pro Hac Vice. by Human Rights Defense Center.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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April 11, 2018 PACER
15

ORDER granting 14 MOTION for Bruce E. H. Johnson to Appear Pro Hac Vice. Signed by Judge James P. Jones on 4/12/2018. (lml)

April 12, 2018 PACER
16

ORDER granting 11 MOTION for Sabarish P. Neelakanta to Appear Pro Hac Vice. Signed by Judge James P. Jones on 4/12/2018. (lml)

April 12, 2018 PACER
17

ORDER granting 10 MOTION for Thomas G. Hentoff to Appear Pro Hac Vice. Signed by Judge James P. Jones on 4/12/2018. (lml)

April 12, 2018 PACER
18

ORDER granting 9 MOTION for Chelsea T. Kelly to Appear Pro Hac Vice. Signed by Judge James P. Jones on 4/12/2018. (lml)

April 12, 2018 PACER
19

ORDER granting 12 MOTION for Daniel Marshall to Appear Pro Hac Vice. Signed by Judge James P. Jones on 4/12/2018. (lml)

April 12, 2018 PACER
20

ORDER granting 13 MOTION for Masimba Mutamba to Appear Pro Hac Vice. Signed by Judge James P. Jones on 4/12/2018. (lml)

April 12, 2018 PACER
21

NOTICE of Appearance by Nathan Henry Schnetzler on behalf of Stephen Clear, Southwest Virginia Regional Jail Authority (Schnetzler, Nathan)

April 19, 2018 PACER
22

NOTICE of Appearance by Katherine Cabell Londos on behalf of Stephen Clear, Southwest Virginia Regional Jail Authority (Londos, Katherine)

April 19, 2018 PACER
23

Consent MOTION for Extension of Time to File Answer re 4 MOTION for Preliminary Injunction, 1 Complaint, by Stephen Clear, Southwest Virginia Regional Jail Authority. (Attachments: # 1 Text of Proposed Order)(Schnetzler, Nathan) Modified on 4/19/2018 to remove referral text; Motion not referred (lml).

1 Text of Proposed Order

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April 19, 2018 PACER
24

ORDER granting 23 Motion for Extension of Time to Respond Stephen Clear answer due 5/29/2018; Does 1-10 answer due 5/29/2018. Signed by Judge James P. Jones on 4/19/2918. (lml)

April 19, 2018 RECAP
25

NOTICE of Hearing on Motion 4 MOTION for Preliminary Injunction : (CR) (No Interpreter requested) : Motion Hearing set for 6/25/2018 at 1:30 p.m. in Abingdon before Judge James P. Jones. (flc)

May 3, 2018 PACER
26

RESPONSE in Opposition re 4 MOTION for Preliminary Injunction . filed by Stephen Clear, Southwest Virginia Regional Jail Authority. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schnetzler, Nathan)

1 Exhibit A

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2 Exhibit B

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May 29, 2018 PACER
27

ANSWER to Complaint 1 by Stephen Clear, Southwest Virginia Regional Jail Authority.(Schnetzler, Nathan)

May 29, 2018 PACER
28

MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Preliminary Injunction by Human Rights Defense Center.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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May 31, 2018 PACER
29

ORDER granting 28 Motion for Extension of Time to File Response/Reply (Responses due by 6/15/2018). Signed by Judge James P. Jones on 6/1/18. (ejs)

June 1, 2018 PACER
30

REPLY to Response to Motion re 4 MOTION for Preliminary Injunction . filed by Human Rights Defense Center. (Attachments: # 1 Exhibit A- Declaration of John L. Clark, # 2 Exhibit B- Supplemental Declaration of Paul Wright, # 3 Exhibit C- U.S. Brief in PLN v. Berkeley County, # 4 Exhibit D- Montcalm Remand Opinion and Order)(Douglass, Sean)

1 Exhibit A- Declaration of John L. Clark

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2 Exhibit B- Supplemental Declaration of Paul Wright

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3 Exhibit C- U.S. Brief in PLN v. Berkeley County

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4 Exhibit D- Montcalm Remand Opinion and Order

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June 15, 2018 PACER
31

Minute Entry for proceedings held before Judge James P. Jones: Motion Hearing held on 6/25/2018 re 4 MOTION for Preliminary Injunction filed by Human Rights Defense Center. (Court Reporter: Tracey Aurelio, OCR) (lml) (Entered: 06/26/2018)

June 25, 2018 PACER
32

Exhibit List - Motion Hearing held 6/25/2018 (lml) (Entered: 06/26/2018)

June 25, 2018 PACER
33

TRANSCRIPT REQUEST (14 calendar days Service) by Human Rights Defense Center for Hearing on Motion for Preliminary Injunction held on 6/25/2018 reported by Court Reporter Tracey Aurelio before Judge James P. Jones. Transcript Due Deadline will be set when Financial Arrangements are made. (Kelly, Chelsea) (Main Document 33 replaced on 6/27/2018) (sfc). Modified on 6/27/2018 to replace with flattened version of document. Filing attorney being notified. (sfc).

June 26, 2018 PACER
34

Financial arrangements made (14 calendar days Service) re 33 Transcript Request,, Transcript due by 7/13/2018. (ta)

June 29, 2018 PACER
35

TRANSCRIPT of Proceedings: Preliminary Injunction Hearing held on 6/25/2018 before Judge James P. Jones. Court Reporter/Transcriber Tracey Aurelio, Telephone number 618-696-9780. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2018. Redacted Transcript Deadline set for 7/30/2018. Release of Transcript Restriction set for 9/27/2018. (ta) (Main Document 35 replaced on 6/29/2018 with final corrected version) (sfc). Modified on 6/29/2018 (sfc).

June 29, 2018 PACER
36

TRANSCRIPT REQUEST (COPY *Only applies if original transcript has been ordered Service) by Stephen Clear, Southwest Virginia Regional Jail Authority for Hearing on Motion for Preliminary Injunction held on 6/25/2018 reported by Court Reporter T. Aurelio before Judge Judge Jones. Transcript Due Deadline will be set when Financial Arrangements are made. (Schnetzler, Nathan)

July 3, 2018 PACER
37

OPINION AND ORDER granting 4 Motion for Preliminary Injunction. Signed by Judge James P. Jones on 7/3/2018. (lml)

July 3, 2018 RECAP
38

PRELIMINARY INJUNCTION. Signed by Judge James P. Jones on 7/3/2018. (lml) VACATED by 130 PERMANENT INJUCTION dated 3/25/2020 (lml).

July 3, 2018 PACER
39

Financial arrangements made (14 calendar days COPY Service) re 36 Transcript Request. Transcript due by 7/19/2018. (ca)

July 5, 2018 PACER
40

Transcript Copy Delivered re 36 Transcript Request. (ca)

July 5, 2018 PACER
41

NOTICE TO COUNSEL REGARDING SCHEDULING CONFERENCE: (N) Scheduling Conference set for 7/18/2018 02:00 PM by telephone conference call before Magistrate Judge Pamela Meade Sargent. (Bordwine, Robin)

July 12, 2018 PACER
42

REPORT of Rule 26(f) Planning Meeting (Douglass, Sean)

July 18, 2018 PACER
43

Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Scheduling Conference held by telephone conference call with Counsel Kelly, Douglas, Hentoff and Schnetzler on 7/18/2018. Jury trial set before J. Jones in AB on 7/22-26/19. Scheduling Order forthcoming. (PMS)

July 18, 2018 PACER
44

SCHEDULING ORDER: Jury Trial set for 7/22/2019 thru 7/26/2019 09:00 AM in Abingdon before Judge James P. Jones. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.. Signed by Magistrate Judge Pamela Meade Sargent on 7/18/18. (ejs)

July 18, 2018 PACER
45

Consent MOTION to Release Plaintiff's Exhibit 8 by Stephen Clear, Southwest Virginia Regional Jail Authority.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Schnetzler, Nathan)

1 Text of Proposed Order

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July 27, 2018 PACER
46

ORDER granting 45 Motion to Release Exhibit 8 entered into evidence on 6/25/2018 during the preliminary injunction (See ECF No. 32 . Signed by Judge James P. Jones on 7/27/2018. (lml)

July 27, 2018 PACER
47

Return of Plaintiff's Exhibit #8 pursuant to 46 Order to release exhibit (lml) (Entered: 08/07/2018)

Aug. 6, 2018 PACER
48

MOTION to Withdraw as Attorney Chelsea T. Kelly by Human Rights Defense Center.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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Nov. 16, 2018 PACER
49

ORDER granting 48 Motion to Withdraw as Attorney. Attorney Chelsea Teresa Kelly terminated. Signed by Judge James P. Jones on 11/19/2018. (ab)

Nov. 19, 2018 PACER
50

MOTION to Amend/Correct 1 Complaint, by Human Rights Defense Center.Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Douglass, Sean)

1 Exhibit A

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2 Exhibit B

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Feb. 7, 2019 PACER
51

MINUTE Order to Respond re 50 MOTION to Amend/Correct 1 Complaint, Defendant shall file any opposition to the Motion by 2/15/2019. Signed by Magistrate Judge Pamela Meade Sargent on 2/8/19. (PMS)

Feb. 8, 2019 PACER
52

NOTICE by Stephen Clear, Southwest Virginia Regional Jail Authority re 51, 50 (Schnetzler, Nathan)

Feb. 15, 2019 PACER
53

MINUTE ORDER granting 50 Motion to Amend/Correct. The Amended Complaint attached to the Motion shall be filed as of the entry of this Minute Otder. Signed by Magistrate Judge Pamela Meade Sargent on 2/18/19. (PMS)

Feb. 18, 2019 PACER
54

AMENDED COMPLAINT against Southwest Virginia Regional Jail AuthorityStephen Clear, Does 1-10 filed by Human Rights Defense Center. (Attachments: # 1 Affidavit, # 2 Civil Cover Sheet)(lml) (Entered: 02/19/2019)

1 Affidavit

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2 Civil Cover Sheet

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Feb. 18, 2019 PACER
55

ANSWER to 54 Amended Complaint by Stephen Clear, Southwest Virginia Regional Jail Authority.(Schnetzler, Nathan)

March 4, 2019 PACER
56

MOTION for Summary Judgment and Permanent Injunction MOTION for Permanent Injunction by Human Rights Defense Center. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean). Added document part Motion for Permanent Injunction on 3/25/2020 (lml).

1 Text of Proposed Order

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April 12, 2019 PACER
57

Brief / Memorandum in Support re 56 MOTION for Summary Judgment and Permanent Injunction . filed by Human Rights Defense Center. (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, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45)(Douglass, Sean)

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42 Exhibit 42

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43 Exhibit 43

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44 Exhibit 44

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45 Exhibit 45

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April 12, 2019 PACER
58

MOTION for Summary Judgment by Stephen Clear, Southwest Virginia Regional Jail Authority. (Schnetzler, Nathan)

April 12, 2019 PACER
59

Brief / Memorandum in Support re 58 MOTION for Summary Judgment . filed by Stephen Clear, Southwest Virginia Regional Jail Authority. (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, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37)(Schnetzler, Nathan)

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April 12, 2019 PACER
60

MOTION Leave to File Brief in Excess of 25 Pages by Stephen Clear, Southwest Virginia Regional Jail Authority. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Schnetzler, Nathan)

1 Text of Proposed Order

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April 12, 2019 PACER
61

MOTION to Exclude Plaintiff's Expert, John L. Clark by Stephen Clear, Southwest Virginia Regional Jail Authority. (Schnetzler, Nathan) Modified on 4/15/2019 - removed referral text (ejs).

April 12, 2019 PACER
62

Brief / Memorandum in Support re 61 MOTION to Exclude Plaintiff's Expert, John L. Clark . filed by Stephen Clear, Southwest Virginia Regional Jail Authority. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Schnetzler, Nathan)

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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April 12, 2019 PACER
63

MOTION to Dismiss for Lack of Jurisdiction by Southwest Virginia Regional Jail Authority. (Schnetzler, Nathan)

April 12, 2019 PACER
64

Brief / Memorandum in Support re 63 MOTION to Dismiss for Lack of Jurisdiction . filed by Southwest Virginia Regional Jail Authority. (Schnetzler, Nathan)

April 12, 2019 PACER
65

MOTION for Judgment on the Pleadings by Does 1-10. (Schnetzler, Nathan)

April 12, 2019 PACER
66

Brief / Memorandum in Support re 65 MOTION for Judgment on the Pleadings . filed by Does 1-10. (Schnetzler, Nathan)

April 12, 2019 PACER
67

Minute Order. The parties are directed to provide the undersigned at his chambers in Abingdon with courtesy copies of all briefs and exhibits thereto. Signed by Judge James P. Jones on 4/22/2019. (JPJ)

April 22, 2019 PACER

Minute Order

April 22, 2019 PACER
68

NOTICE of Hearing on Motion 61 MOTION to Exclude Plaintiff's Expert, John L. Clark, 58 MOTION for Summary Judgment, 56 MOTION for Summary Judgment and Permanent Injunction, 65 MOTION for Judgment on the Pleadings, 63 MOTION to Dismiss for Lack of Jurisdiction : (CR) (No Interpreter requested) : Motion Hearing set for 5/16/2019 at 2:00 p.m. in Abingdon before Judge James P. Jones. (flc)

April 24, 2019 PACER

Notice of Hearing on Motion

April 24, 2019 PACER
69

RESPONSE in Opposition re 56 MOTION for Summary Judgment and Permanent Injunction . filed by Stephen Clear, Southwest Virginia Regional Jail Authority. (Attachments: # 1 Exhibit 38, # 2 Exhibit 39, # 3 Exhibit 40, # 4 Exhibit 41, # 5 Exhibit 42, # 6 Exhibit 43, # 7 Exhibit 44, # 8 Exhibit 45, # 9 Exhibit 46, # 10 Exhibit 47)(Schnetzler, Nathan)

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10 Exhibit 47

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April 26, 2019 PACER
70

NOTICE of Voluntary Dismissal by Human Rights Defense Center (Douglass, Sean)

April 26, 2019 PACER
71

Response re 65 MOTION for Judgment on the Pleadings Regarding Defendants Does 1-10. filed by Human Rights Defense Center. (Douglass, Sean)

April 26, 2019 PACER
72

Brief / Memorandum in Opposition re 63 MOTION to Dismiss for Lack of Jurisdiction . filed by Human Rights Defense Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Douglass, Sean)

1 Exhibit 1

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2 Exhibit 2

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April 26, 2019 PACER
73

Brief / Memorandum in Opposition re 61 MOTION to Exclude Plaintiff's Expert, John L. Clark . filed by Human Rights Defense Center. (Attachments: # 1 Exhibit 1)(Douglass, Sean)

1 Exhibit 1

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April 26, 2019 PACER
74

Brief / Memorandum in Opposition re 58 MOTION for Summary Judgment . filed by Human Rights Defense Center. (Attachments: # 1 Exhibit 46, # 2 Exhibit 47, # 3 Exhibit 48, # 4 Exhibit 49, # 5 Exhibit 50, # 6 Exhibit 51, # 7 Exhibit 52, # 8 Exhibit 53, # 9 Exhibit 54)(Douglass, Sean)

1 Exhibit 46

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2 Exhibit 47

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3 Exhibit 48

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4 Exhibit 49

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5 Exhibit 50

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6 Exhibit 51

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7 Exhibit 52

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8 Exhibit 53

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9 Exhibit 54

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April 26, 2019 PACER
75

MOTION for Thomas S. Chapman to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3131058. by Human Rights Defense Center. Motions referred to Judge Pamela Meade Sargent. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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April 26, 2019 PACER
76

ORDER granting 75 MOTION to Appear Pro Hac Vice Attorney Thomas S. Chapman for Human Rights Defense Center added. Signed by Magistrate Judge Pamela Meade Sargent on 04/29/2019. (ar) (Entered: 04/30/2019)

April 29, 2019 PACER
77

NOTICE of Change of Address by Bruce E. H. Johnson (Johnson, Bruce)

April 30, 2019 PACER
78

REPLY to Response to Motion re 56 MOTION for Summary Judgment and Permanent Injunction . filed by Human Rights Defense Center. (Douglass, Sean)

May 3, 2019 PACER
79

REPLY to Response to Motion re 58 MOTION for Summary Judgment . filed by Stephen Clear, Southwest Virginia Regional Jail Authority. (Attachments: # 1 Exhibit 48, # 2 Exhibit 49)(Schnetzler, Nathan)

1 Exhibit 48

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2 Exhibit 49

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May 3, 2019 PACER
80

REPLY to Response to Motion re 63 MOTION to Dismiss for Lack of Jurisdiction . filed by Southwest Virginia Regional Jail Authority. (Schnetzler, Nathan)

May 3, 2019 PACER
81

MINUTE ORDER granting 60 Motion to file brief in excess of 25 pages. Signed by Judge James P. Jones on 5/15/2019. (JPJ)

May 15, 2019 PACER

Order on Motion for Judgment on the Pleadings

May 15, 2019 PACER

Order on Motion for Miscellaneous Relief

May 15, 2019 PACER
82

MINUTE ORDER denying 65 Motion for Judgment on the Pleadings as to Defendants "Does 1-10" on the ground that Plaintiff has given notice of voluntary dismissal of said defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Signed by Judge James P. Jones on 5/15/2019. (JPJ)

May 15, 2019 PACER
83

First MOTION in Limine by Stephen Clear, Southwest Virginia Regional Jail Authority. (Schnetzler, Nathan)

May 15, 2019 PACER
84

Second MOTION in Limine by Stephen Clear, Southwest Virginia Regional Jail Authority. (Schnetzler, Nathan)

May 15, 2019 PACER
85

MOTION in Limine by Human Rights Defense Center. (Attachments: # 1 Text of Proposed Order)(Douglass, Sean)

1 Text of Proposed Order

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May 15, 2019 PACER
86

Brief / Memorandum in Support re 85 MOTION in Limine . filed by Human Rights Defense Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Douglass, Sean)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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May 15, 2019 PACER
87

Minute Entry for proceedings held before Judge James P. Jones: Motion Hearing held on 5/16/2019 re 58 MOTION for Summary Judgment filed by Stephen Clear, Southwest Virginia Regional Jail Authority, 56 MOTION for Summary Judgment and Permanent Injunction filed by Human Rights Defense Center, 63 MOTION to Dismiss for Lack of Jurisdiction filed by Southwest Virginia Regional Jail Authority. (Court Reporter: Donna Prather, OCR) (flc)

May 16, 2019 PACER

Order on Motion to Dismiss/Lack of Jurisdiction

May 16, 2019 PACER

Order on Motion for Summary Judgment

May 16, 2019 PACER
88

ORAL ORDER taking under advisement 56 Motion for Summary Judgment ; taking under advisement 58 Motion for Summary Judgment ; denying 63 Motion to Dismiss for Lack of Jurisdiction. Entered by Judge James P. Jones on 5/16/19. (flc)

May 16, 2019 PACER
89

NOTICE of Hearing: (CR) (No Interpreter requested) : Pretrial Conference set for 6/28/2019 at 1:00 p.m. in Abingdon before Judge James P. Jones. (flc)

May 17, 2019 PACER

Notice of Hearing

May 17, 2019 PACER
90

PRETRIAL ORDER. Signed by Judge James P. Jones on 5/20/19. (flc)

May 20, 2019 PACER
91

RESPONSE in Opposition re 85 MOTION in Limine . filed by Stephen Clear, Southwest Virginia Regional Jail Authority. (Schnetzler, Nathan)

May 29, 2019 PACER
92

Brief / Memorandum in Opposition re 83 First MOTION in Limine . filed by Human Rights Defense Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Douglass, Sean)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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May 29, 2019 PACER
93

Brief / Memorandum in Opposition re 84 Second MOTION in Limine . filed by Human Rights Defense Center. (Douglass, Sean)

May 29, 2019 PACER

State / Territory: Virginia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: March 28, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Human Rights Defense Center is a non-profit organization who works to provide legal and educational resources to incarcerated persons

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Southwest Virginia Regional Jail Authority , Regional

Superintendent, Regional

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 227,063.14

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

Mail

Type of Facility:

Government-run