Case: Prison Legal News v. Cox

3:13-cv-00346 | U.S. District Court for the District of Nevada

Filed Date: 2013

Closed Date: 2016

Clearinghouse coding in progress

Case Summary

On June 27, 2013, the plaintiff, the Human Rights Defense Center's publishing project Prison Legal News ("PLN"), filed a complaint in the United States District Court for the District of Nevada, to enjoin the Nevada Department of Corrections (NDOC) from censoring the receipt of the monthly journal that the plaintiff publishes, which is also entitled Prison Legal News. The parties had previously engaged in litigation in 2000, and that litigation resulted in a $44,000 settlement as well as a cons…

On June 27, 2013, the plaintiff, the Human Rights Defense Center's publishing project Prison Legal News ("PLN"), filed a complaint in the United States District Court for the District of Nevada, to enjoin the Nevada Department of Corrections (NDOC) from censoring the receipt of the monthly journal that the plaintiff publishes, which is also entitled Prison Legal News. The parties had previously engaged in litigation in 2000, and that litigation resulted in a $44,000 settlement as well as a consent decree enjoining the defendants from engaging in censorship of PLN publications. Both that litigation and this case were before Judge Howard McKibben.

In the instant litigation, the plaintiff sought declaratory, injunctive, and monetary relief for violations of both the Consent Decree and the First Amendment. With regard to the First Amendment claim, the plaintiff brought this action under Section 1983, and also challenged the following practices as constitutional violations: NDOC's ban on return address labels; NDOC's ban on publications not from "approved vendors or publishers"; and the requirement that all books be sent using first class mail.

The plaintiff alleged that beginning in 2010, the defendant had refused to allow delivery of mail from PLN, including but not limited to the publication Prison Legal News, as well as books from PLN. Specifically, the plaintiff challenged the defendant's use of "adulterated mail" provisions, which prohibited mail that contained "foreign substances such as stickers" and "return address labels." Plaintiff alleged that defendant's refusal to deliver or allow delivery on these grounds failed to meet the reasonableness requirement for prison regulations impinging on an inmate's constitutional rights.

Later that year, the parties participated in a status conference with Judge McKibben, where the Court consolidated a number of related actions and urged the parties to reach an agreement outside of court. According to the Human Rights Defense Center, Nevada State officials approved a $475,000 payment for damages and attorney's fees in January 2016 to settle the case. On March 3, 2016, the Court dismissed the case without prejudice but retained jurisdiction to consider any motions to compel compliance with the settlement agreement.

Summary Authors

Chris Pollack (2/22/2019)

People


Judge(s)

Cobb, William G (Nevada)

McKibben, Howard D. (Nevada)

Attorney for Plaintiff

Galvan, Ernest (California)

Lichtenstein, Allen (Nevada)

Pratt, Staci J. (Nevada)

Attorney for Defendant

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Documents in the Clearinghouse

Document

3:13-cv-00346

Docket [PACER]

April 20, 2016

April 20, 2016

Docket
1

3:13-cv-00346

Complaint for Declaratory and Injunctive Relief and Damages

June 27, 2013

June 27, 2013

Complaint
5

3:13-cv-00346

Amended Complaint for Declaratory and Injunctive Relief and Damages Demand for Jury Trial

June 28, 2013

June 28, 2013

Complaint

Resources

Docket

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $400 receipt number 0978−2870201), filed by Prison Legal News. Certificate of Interested Parties due by 7/7/2013. Proof of service due by 10/25/2013. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons) (Pratt, Staci) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

Case assigned to District Judge Howard D. McKibben and Magistrate Judge William G. Cobb. (WJ) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

2

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10−2. Counsel Lance Weber to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website − www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 8/12/2013. (no image attached) (WJ) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

3

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10−2. Counsel Ernest Galvan to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website − www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 8/12/2013. (no image attached) (WJ) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

4

Summons Issued as to Robert Bayer, James Greg Cox, Jackie Crawford, E K McDaniel re 1 Complaint. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(JC) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

5

AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Prison Legal News. No changes to parties. Proof of service due by 10/26/2013. (Lichtenstein, Allen) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

6

MOTION for Order to Show Cause by Plaintiff Prison Legal News. Motion ripe 6/28/2013. (Attachments: # 1 Exhibit Declaration of Lance Weber, # 2 Exhibit AR 750, # 3 Exhibit Declaration of Paul Wright, # 4 Exhibit Amended Complaint)(Lichtenstein, Allen) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

8

MINUTE ORDER IN CHAMBERS of The Honorable Judge Howard D. McKibben on 7/10/2013. By Deputy Clerk: Paris Rich. IT IS ORDERED, a Telephonic Status Conference is set for Thursday, 7/11/2013 at 10:45 AM in Reno Courtroom 4 before Judge Howard D. McKibben. Participants shall call AT&T no later than 5 minutes prior to the hearing at 1 (877) 336−1839 and provide Access Code 3246567 and Security Code 0159. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF − PR) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

9

MINUTES OF PROCEEDINGS − Case Nos. 3:00−cv−00373−HDM−RAM and 3:13−cv−00346−HDM−WGC − Telephonic Status Conference held on 7/11/2013 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich ; Plaintiffs' Counsel: Allen Lichtenstein and Lance Weber ; Defendants' Counsel: Stephen Quinn ; Court Reporter: Kathryn French ; Time of Hearing: 10:48 AM to 11:04 AM ; Courtroom: 4 ; Counsel are present telephonically. The Court recites preliminary statements regarding the reasons for the setting of the Status Conference this date and the recent 7/9/2013 Order issued in Case Nos. 3:00−cv−00373−HDM−RAM and 3:13−cv−00346−HDM−WGC. The Court further offers suggestions regarding a format for proceeding in these matters. The Court and counsel confer. Pursuant to the stipulation of the parties, IT IS ORDERED, Case No. 3:00−cv−00373−HDM−RAM and Case No. 3:13−cv−00346−HDM−WGC are hereby CONSOLIDATED for all purposes. Case No. 3:00−cv−00373−HDM−RAM shall be REOPENED and all future filings shall be solely in Case No. 3:00−cv−00373−HDM−RAM. Such consolidation shall not affect the Court's consideration of the additional prayers and claims set forth in the Amended Complaint. IT IS FURTHER ORDERED, each party shall have through Tuesday, 7/16/2013, to file any objection to the aforementioned consolidation. IT IS FURTHER ORDERED, leave is granted through Tuesday, 7/16/2013, for the Defendants' counsel to advise the Court if he cannot accept service on behalf of the Defendants. IT IS SO ORDERED. Mr. Quinn addresses the recent briefing schedule as set forth in the Court's 7/9/2013 Order. Pursuant to the stipulation by counsel, IT IS ORDERED, the Defendants shall respond to the Plaintiffs' 6/28/2013 Motion no later than Friday, 8/23/2013. Thereafter, the Plaintiffs shall have 30 days to reply, and the matter shall stand submitted. IT IS SO ORDERED. The Court recites final statements and urges the parties to explore a resolution. In the event the parties are able to reach an agreement, they shall contact the Court. Mr. Lichtenstein requests clarification regarding whether an Answer will be required by the Defendants. Pursuant to the parties' stipulation, IT IS ORDERED, the Defendants shall file their Answer to the Amended Complaint no later than 30 days from this date. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF − PR) (Entered: 07/16/2013)

July 11, 2013

July 11, 2013

10

ANSWER to 5 Amended Complaint ANSWER TO AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES filed by James Greg Cox, E K McDaniel. Certificate of Interested Parties due by 8/10/2013. Discovery Plan/Scheduling Order due by 9/14/2013.(Quinn, Stephen) Modified on 8/1/2013 counsel has refiled in BASE CASE 3:00−cv−00373−HDM−WGC. (BLG). (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

11

NOTICE PURSUANT TO LOCAL RULE IB 2−2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference − Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website − www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. A copy of form AO 85 has been mailed to parties not receiving electronic service. (no

Aug. 1, 2013

Aug. 1, 2013

13

(Copy of Order (#141) from Base Case 3:00−cv−373−HDM dated 03/03/2016: ORDER DISMISSING CASE without prejudice re 140 Stipulation. The court retains jurisdiction to consider any motion to reopen case to compel compliance with the terms of the settlement. Signed by Judge Howard D. McKibben on 3/3/2016. (Copies have been distributed pursuant to the NEF − KR) (Entered: 03/03/2016) (BLG) . Modified on 4/20/2016 copy of order attached. (BLG). (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: 2013

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison Legal News is Human Rights Defense Center's publishing project. Prison Legal News publishes a monthly journal, which is also titled Prison Legal News and contains corrections news and analysis.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nevada 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):

Freedom of speech/association

Available Documents:

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 475000

Issues

General/Misc.:

Mail