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 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 attorneys, see: https://www.courtlistener.com/docket/4510021/parties/ogden-v-figgins/
Gale, Kenneth G (Kansas)
Bonney, Stephen Douglas (Missouri)
Glickman, Joshua Aaron (Florida)
Holder, Andrew D (Kansas)
Mock, Terelle A (Kansas)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4510021/ogden-v-figgins/
Last updated June 20, 2026, 5:50 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Post-PLRA enforceable consent decrees
Post-WalMart decisions on class certification
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):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
County
Wilson County
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Other Dockets:
District of Kansas 2:16-cv-02268
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Issues
General/Misc.:
Case Summary of Ogden v. Figgens, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/16831/ (last updated 2/18/2019).