Case: Ogden v. Figgens

2:16-cv-02268 | U.S. District Court for the District of Kansas

Filed Date: April 28, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 28, 2016, family members of inmates at the Wilson County Correctional Facility filed this class action in the U.S. District Court of Kansas. The plaintiffs sued the Sheriff’s office for Wilson County, Kansas under 42 U.S.C. § 1983 for violations of the First and Fourteenth Amendments. Represented by the ACLU, the plaintiffs sought declaratory and injunctive relief, class certification, and attorneys’ fees. The jail implemented a policy that prohibited inmates and their correspondents f…

On April 28, 2016, family members of inmates at the Wilson County Correctional Facility filed this class action in the U.S. District Court of Kansas. The plaintiffs sued the Sheriff’s office for Wilson County, Kansas under 42 U.S.C. § 1983 for violations of the First and Fourteenth Amendments. Represented by the ACLU, the plaintiffs sought declaratory and injunctive relief, class certification, and attorneys’ fees. The jail implemented a policy that prohibited inmates and their correspondents from sending letters enclosed in envelopes. Instead, inmates were required to conduct all correspondence on pre-paid U.S. Postal cards. The plaintiffs claimed this impermissibly restricted outside correspondents from exercising their right to communicate with inmates in writing in violation of the First Amendment. Further, the plaintiffs contended that the postcard-only policy violated due process protections of the Fourteenth Amendment because neither sender nor recipient had any way of knowing that their mail had been rejected.

Judge Julie A. Robinson granted the plaintiffs' motion for class certification on August 4, 2016 since the defendants never responded to the plaintiffs’ motion. Judge Robinson defined the class as “all current and future outside correspondents who wish to write letters to, and/or receive letters from, inmates in the Wilson County Correctional Facility and who are subject to or affected by the Postcard-Only Mail Policy.” The court noted that the class included only outside correspondents seeking to send mail to the inmates—not the inmates themselves. 315 F.R.D. 670.

The case was referred to Magistrate Judge Kenneth Gale on April 28, 2016. Judge Gale oversaw the parties’ settlement negotiations from October 15, 2016 until the parties reached a settlement agreement on June 16, 2017. On July 19 of the same year, Judge Robinson granted the parties’ joint motion for a preliminary class action settlement. After a fairness hearing, the court found the settlement proposed by the parties to be fair, reasonable, and adequate and approved the agreement and consent decree on November 3, 2017. 2017 WL 5068906.

Per the terms of the settlement, the sheriff’s office was given 21 days to revise its mail policies so as to not restrict the volume or method of letters sent to inmates of Wilson County Correctional from outside correspondents. The defendants agreed to give notice of the settlement to all the members of the class through publication of the results in a local paper and through posting flyers in each visitation area in the jail. The Court adopted the consent decree while retaining jurisdiction to enforce its terms and dismissed the plaintiffs’ claims with prejudice on November 3. 2017 WL 5068906. One critical factor leading to settlement was the plaintiffs’ promise to significantly reduce attorneys’ fees requested to less than $100 an hour.

The case has been marked “closed” on the docket since the November 3, 2017 order. However, as of July 31, 2020, the case remains under jurisdiction of the court for enforcement of the decree under the PLRA.

Summary Authors

Julia Florey (2/18/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4510021/parties/ogden-v-figgins/


Judge(s)

Gale, Kenneth G (Kansas)

Robinson, Julie A. (Kansas)

Attorneys(s) for Plaintiff

Bonney, Stephen Douglas (Missouri)

Glickman, Joshua Aaron (Florida)

Attorneys(s) for Defendant

Holder, Andrew D (Kansas)

Mock, Terelle A (Kansas)

Judge(s)

Gale, Kenneth G (Kansas)

Robinson, Julie A. (Kansas)

Attorneys(s) for Plaintiff

Bonney, Stephen Douglas (Missouri)

Glickman, Joshua Aaron (Florida)

Attorneys(s) for Defendant

Holder, Andrew D (Kansas)

Mock, Terelle A (Kansas)

Documents in the Clearinghouse

Document

2:16-cv-02268

Docket [PACER]

Ogden v. Figgins

Nov. 3, 2017

Nov. 3, 2017

Docket
1

2:16-cv-02268

Complaint

Ogden v. Figgins

April 28, 2016

April 28, 2016

Complaint
11

2:16-cv-02268

Memorandum and Order to Certify Class

Ogden v. Figgins

315 F.R.D. 670

Aug. 4, 2016

Aug. 4, 2016

Order/Opinion
25-1

2:16-cv-02268

Settlement Agreement and Consent Decree

June 16, 2017

June 16, 2017

Settlement Agreement
25-2

2:16-cv-02268

Notice of Proposed Settlement

June 16, 2017

June 16, 2017

Settlement Agreement
25

2:16-cv-02268

Joint Motion for Preliminary Approval of Class Action Settlement and Memorandum of Law in Support

Ogden v. Figgins

June 16, 2017

June 16, 2017

Settlement Agreement
29

2:16-cv-02268

Order to Approve Settlement and Consent Decree

Ogden v. Figgins

2017 WL 5068906

Nov. 3, 2017

Nov. 3, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510021/ogden-v-figgins/

Last updated Aug. 5, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link

Notice of Judge Assignment

April 28, 2016

April 28, 2016

PACER

Summons Issued

April 28, 2016

April 28, 2016

PACER
1

COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-3759385.), filed by Russell K Ogden, John Smith, Beatrice Hammer.(Bonney, Stephen) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
2

CIVIL COVER SHEET by Plaintiffs Beatrice Hammer, Russell K Ogden, John Smith. (Bonney, Stephen) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
3

DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Beatrice Hammer, Russell K Ogden, John Smith - trial to be held in Kansas City. (Bonney, Stephen) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
4

MOTION to Certify Class by Plaintiffs Beatrice Hammer, Russell K Ogden, John Smith (Bonney, Stephen) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
5

MEMORANDUM IN SUPPORT of 4 MOTION to Certify Class by Plaintiffs Beatrice Hammer, Russell K Ogden, John Smith(Bonney, Stephen) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER

Motions No Longer Referred

April 29, 2016

April 29, 2016

PACER
6

SUMMONS RETURNED EXECUTED -- Personal Service by Russell K Ogden, John Smith, Beatrice Hammer upon All Defendants (Bonney, Stephen) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
7

CLERKS ORDER EXTENDING TIME until June 17, 2016 for Defendant Pete Figgins to answer or otherwise plead Signed by deputy clerk on June 3, 2016. (ydm) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
8

ENTRY OF APPEARANCE by Andrew D. Holder on behalf of All Defendants. (Holder, Andrew) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
9

ANSWER to Complaint by Pete Figgins.(Holder, Andrew) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
10

INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/11/2016 at 10:00 AM by telephone before Magistrate Judge Kenneth G. Gale. Counsel will call 888-363-4749 and enter access code 5407703 to participate on the conference. Report of Parties Planning Meeting deadline 8/5/2016. Rule 26 Initial Disclosures Deadline set for 8/5/2016. See attached Order. Signed by Magistrate Judge Kenneth G. Gale on 6/29/16. (aw) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
11

MEMORANDUM AND ORDER granting 4 Motion to Certify Class. Signed by District Judge Julie A. Robinson on 8/4/16. (hw) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

RECAP
12

NOTICE OF SERVICE by Pete Figgins of INITIAL RULE 26(a)(1) DISCLOSURES OF DEFENDANT (Holder, Andrew) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
13

NOTICE OF SERVICE by Beatrice Hammer, Russell K Ogden, John Smith of PLAINTIFFS' RULE 26(a)(1) INITIAL DISCLOSURES (Glickman, Joshua) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER

Scheduling Conference

Aug. 11, 2016

Aug. 11, 2016

PACER
14

SCHEDULING ORDER: Estimated trial time one to two days. Discovery deadline 12/30/2016. Dispositive motion deadline 2/3/2017. Mediation deadline 11/18/2016. Proposed Pretrial Order due by 1/12/2017. Jury Trial set for 10/10/2017 at 09:00 AM in KC Courtroom 427 (JAR) before District Judge Julie A. Robinson. Final Pretrial Conference set for 1/19/2017 at 10:00 AM before Magistrate Judge Kenneth G. Gale. See attached Order for additional deadlines. Signed by Magistrate Judge Kenneth G. Gale on 8/15/16. (aw) (Entered: 08/17/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
15

Certificate of Service

Aug. 19, 2016

Aug. 19, 2016

PACER
16

Notice of Service

Aug. 19, 2016

Aug. 19, 2016

PACER
17

Certificate of Service

Oct. 7, 2016

Oct. 7, 2016

PACER
18

Order

Oct. 15, 2016

Oct. 15, 2016

PACER
19

Motion for Extension of Time

Oct. 18, 2016

Oct. 18, 2016

PACER
20

Notice of Hearing on Motion

Oct. 19, 2016

Oct. 19, 2016

PACER
21

Notice of Settlement

Nov. 8, 2016

Nov. 8, 2016

PACER
22

Notice of Cancelled Hearing

Nov. 8, 2016

Nov. 8, 2016

PACER
23

Order on Motion for Extension of Time

Nov. 21, 2016

Nov. 21, 2016

PACER
24

Notice of Cancelled Hearing

Jan. 18, 2017

Jan. 18, 2017

PACER
25

Motion for Miscellaneous Relief

1 Exhibit A - Settlement Agreement and Consent Decree

View on PACER

2 Exhibit B - Notice of Proposed Settlement

View on PACER

June 16, 2017

June 16, 2017

PACER

Motions No Longer Referred

June 19, 2017

June 19, 2017

PACER

Set/Reset Deadlines

July 19, 2017

July 19, 2017

PACER
26

Order on Motion for Miscellaneous Relief

July 19, 2017

July 19, 2017

PACER
27

Notice of Cancelled Hearing

Sept. 28, 2017

Sept. 28, 2017

PACER
28

Settlement Approval Hearing

Oct. 25, 2017

Oct. 25, 2017

PACER

Terminated Case

Nov. 3, 2017

Nov. 3, 2017

PACER
29

MEMORANDUM AND ORDER: IT IS THEREFORE ORDERED that the parties' Settlement Agreement and Consent Decree (Doc. 25-1) is hereby approved under Federal Rule of Civil Procedure 23(e)(2) and is entered as part of the judgment in this case.IT IS FURTHER ORDERED that according to Federal Rule of Civil Procedure 41(a)(2), plaintiffs' claims are dismissed with prejudice. Signed by Chief District Judge Julie A Robinson on 11/2/2017. (cv)

Nov. 3, 2017

Nov. 3, 2017

RECAP

Case Details

State / Territory: Kansas

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: April 28, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future outside correspondents who wish to write letters to, and/or receive letters from, inmates in the Wilson County Correctional Facility and who are subject to or affected by the Postcard-Only Mail Policy.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wilson County (Neodesha, Wilson), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2017 - None

Content of Injunction:

Reporting

Issues

General:

Mail