Case: Human Rights Defense Center v. Winn

1:19-cv-12470 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 22, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

The Human Rights Defense Center (HRDC) is a non-profit publisher of Prison Legal News and other publications for prisoners. After many issues of Prison Legal News were withheld from prisoners in Michigan from 2016 to 2019, HRDC filed this lawsuit on August 22, 2019, in U.S. District Court for the Eastern District of Michigan. it sued the Michigan Department of Corrections (MDOC) under Section 1983. HRDC was represented by its own counsel, along with co-counsel from Honigman and the MSU Law Scho…

The Human Rights Defense Center (HRDC) is a non-profit publisher of Prison Legal News and other publications for prisoners. After many issues of Prison Legal News were withheld from prisoners in Michigan from 2016 to 2019, HRDC filed this lawsuit on August 22, 2019, in U.S. District Court for the Eastern District of Michigan. it sued the Michigan Department of Corrections (MDOC) under Section 1983. HRDC was represented by its own counsel, along with co-counsel from Honigman and the MSU Law School Civil Rights Clinic. The complaint alleged violations of the First and Fourteenth Amendments and sought injunctive and declaratory relief, compensatory, punitive, and nominal damages, attorneys' fees, and a jury trial.

Specifically, the complaint alleged that issues of Prison Legal News, as well as some other one-off HRDC publications, were withheld from prisoners between September 2016 and July 2019. Different issues were withheld at different prisons, and the complaint lists 22 different Michigan prisons where materials were withheld at some point. This is the alleged censorship under the First Amendment. HRDC also alleged that MDOC almost never provided notice that it was withholding materials, and failed to offer any process for HRDC to appeal its decision. HRDC did appeal a few times by sending letters to some of the prisons in question, and those appeals were all denied except for one. This is the alleged Fourteenth Amendment due process claim.

The judge on the case is Judge Thomas L. Ludington. On Jan. 6, 2020, the judge denied injunctive relief and dismissed all defendants except for the Director of MDOC. 431 F.Supp.3d 925. Discovery is due at the end of July 2020, and a settlement conference and pre-trial hearing are also scheduled.

Summary Authors

Hetali Lodaya (5/18/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16097056/parties/human-rights-defense-center-v-winn/


Judge(s)

Ludington, Thomas Lamson (Michigan)

Attorneys(s) for Plaintiff

Dawson, Rian Cierra (Michigan)

Manville, Daniel E. (Michigan)

Marshall, Daniel (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Pauwels, Andrew (Michigan)

Stewart, James Edward Sr. (Louisiana)

Attorneys(s) for Defendant

Barkman, Cori E. (Michigan)

Foster, Jennifer A (Michigan)

Judge(s)

Ludington, Thomas Lamson (Michigan)

Attorneys(s) for Plaintiff

Dawson, Rian Cierra (Michigan)

Manville, Daniel E. (Michigan)

Marshall, Daniel (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Pauwels, Andrew (Michigan)

Stewart, James Edward Sr. (Louisiana)

Attorneys(s) for Defendant

Barkman, Cori E. (Michigan)

Foster, Jennifer A (Michigan)

Documents in the Clearinghouse

Document

1:19-cv-12470

Docket [PACER]

April 24, 2020

April 24, 2020

Docket
1

1:19-cv-12470

Complaint

Aug. 22, 2019

Aug. 22, 2019

Complaint
24

1:19-cv-12470

First Amended Complaint

Oct. 23, 2019

Oct. 23, 2019

Complaint
32

1:19-cv-12470

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss and Denying Plaintiff's Motion for Preliminary Injunction

431 F.Supp.3d 925, 2020 WL 59698

Jan. 6, 2020

Jan. 6, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16097056/human-rights-defense-center-v-winn/

Last updated Aug. 7, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Human Rights Defense Center against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7374935 - Fee: $ 400. County of 1st Plaintiff: Palm Beach County, Florida - County Where Action Arose: Saginaw - County of 1st Defendant: Saginaw. [Previously dismissed case: No] [Possible companion case(s): None] (Pauwels, Andrew) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
2

NOTICE of Appearance by Rian Cierra Dawson on behalf of Human Rights Defense Center. (Dawson, Rian) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

Aug. 22, 2019

Aug. 22, 2019

PACER
3

MOTION for Preliminary Injunction by Human Rights Defense Center. (Attachments: # 1 Exhibit A - Declaration of Paul Wright) (Pauwels, Andrew) (Entered: 08/22/2019)

1 Exhibit A - Declaration of Paul Wright

View on PACER

Aug. 22, 2019

Aug. 22, 2019

PACER
4

Notice of Corrected Judicial Assignment due to Clerical Error: Reassigned from * District Judge Matthew F. Leitman* and *Magistrate Judge David R. Grand* to District Judge Thomas L. Ludington and Magistrate Judge Patricia T. Morris (SSch) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
5

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Human Rights Defense Center identifying Corporate Parent Human Rights Defense Center for Human Rights Defense Center. (Dawson, Rian) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
6

SUMMONS Issued for *Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn* (SKra) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (SKra)

Aug. 22, 2019

Aug. 22, 2019

PACER
7

CERTIFICATE of Service/Summons Returned Executed. All Plaintiffs. (Manville, Daniel) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
8

SUMMONS Issued for *Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn* (SKra) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
9

ATTORNEY APPEARANCE: Daniel E. Manville appearing on behalf of Human Rights Defense Center (Manville, Daniel) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
10

NOTICE by Human Rights Defense Center re 7 Certificate of Service/Summons Returned Executed withdraw (Manville, Daniel) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
11

CERTIFICATE of Service/Summons Returned Executed. Heidi Washington served on 8/28/2019, answer due 9/18/2019. (Manville, Daniel) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
12

CERTIFICATE of Service/Summons Returned Executed. Carmen Palmer served on 8/24/2019, answer due 9/16/2019. (Dawson, Rian) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
13

CERTIFICATE of Service/Summons Returned Executed. O'Bell Winn served on 8/26/2019, answer due 9/16/2019. (Dawson, Rian) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
14

NOTICE of Appearance by Cori E. Barkman on behalf of Bonita Hoffner, Heidi Washington, O'Bell Winn. (Barkman, Cori) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
15

WAIVER OF SERVICE Returned Executed. Bonita Hoffner waiver sent on 8/24/2019, answer due 10/23/2019; Heidi Washington waiver sent on 8/28/2019, answer due 10/28/2019; O'Bell Winn waiver sent on 8/26/2019, answer due 10/25/2019. (Barkman, Cori) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
16

WAIVER OF SERVICE Returned Executed. (Barkman, Cori) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
17

NOTICE of Appearance by Cori E. Barkman on behalf of Carmen Palmer. (Barkman, Cori) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
18

STIPULATED ORDER to Extend Time for Defendants (Bonita Hoffner, Heidi Washington, O'Bell Winn) to Respond re 1 Complaint and 3 MOTION for Preliminary Injunction. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
19

CERTIFICATE of Service/Summons Returned Executed. Willie Smith served on 9/25/2019, answer due 10/16/2019. (Dawson, Rian) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
20

NOTICE of Appearance by Cori E. Barkman on behalf of Willie Smith. (Barkman, Cori) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
21

STIPULATED ORDER to Set Deadline for Defendants (Carmen Palmer and Willie Smith) to Respond to Complaint and Motion. ( Response to 1 Complaint due by 10/18/2019), (Defendants' Response for 3 MOTION for Preliminary Injunction due by 10/18/2019.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
22

MOTION to Dismiss with Brief in Support by Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn. (Barkman, Cori) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER
23

RESPONSE to 3 MOTION for Preliminary Injunction filed by Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn. (Barkman, Cori) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER
24

AMENDED COMPLAINT with Jury Demand filed by Human Rights Defense Center against All Defendants. NO NEW PARTIES ADDED. (Pauwels, Andrew) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
25

NOTICE of Appearance by Jennifer A. Foster on behalf of Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn. (Foster, Jennifer) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
26

NOTICE OF HEARING on 3 MOTION for Preliminary Injunction. Motion Hearing set for 12/4/2019 at 2:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
27

NOTICE OF HEARING on 22 MOTION to Dismiss with Brief in Support. Accelerated Response due by 11/6/2019; Accelerated Reply due by 11/18/2019; Motion Hearing set for 12/4/2019 at 2:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
28

REPLY to Response re 3 MOTION for Preliminary Injunction filed by Human Rights Defense Center. (Pauwels, Andrew) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
29

RESPONSE to 22 MOTION to Dismiss with Brief in Support filed by Human Rights Defense Center. (Attachments: # 1 Exhibit 1 - Notice Regarding Prisoner Mail) (Pauwels, Andrew) (Entered: 11/06/2019)

1 Exhibit 1 - Notice Regarding Prisoner Mail

View on PACER

Nov. 6, 2019

Nov. 6, 2019

PACER
30

REPLY to Response re 22 MOTION to Dismiss with Brief in Support filed by Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn. (Barkman, Cori) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
31

NOTICE of Appearance by Daniel Lucas Marshall on behalf of Human Rights Defense Center. (Marshall, Daniel) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER

Text-Only Notice of Hearing Cancelled

Nov. 26, 2019

Nov. 26, 2019

PACER

TEXT-ONLY NOTICE: Motion Hearings on 12/4/2019 are Cancelled re 22 MOTION to Dismiss with Brief in Support, and 3 MOTION for Preliminary Injunction. Motions will be Decided Without Oral Argument on the Filed Papers. (KWin)

Nov. 26, 2019

Nov. 26, 2019

PACER
32

ORDER Granting in Part and Denying in Part Defendants' 22 Motion to Dismiss and Denying Plaintiff's 3 Motion for Preliminary Injunction. (Carmen Palmer, Willie Smith, O'Bell Winn, Does 1-30 and Bonita Hoffner terminated.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

RECAP
33

ORDER for Plaintiff(s) to Show Cause Why This Case Should Not be Dismissed for Failure to Prosecute as to Heidi Washington. Show Cause Response due by 2/11/2020. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
34

ANSWER to Amended Complaint with Affirmative Defenses by Heidi Washington. (Barkman, Cori) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

PACER
35

Vacating Show Cause*

Jan. 30, 2020

Jan. 30, 2020

PACER
36

Order

Jan. 30, 2020

Jan. 30, 2020

PACER
37

Scheduling Order

Feb. 27, 2020

Feb. 27, 2020

PACER
38

Stipulation and Order

April 24, 2020

April 24, 2020

PACER
39

Scheduling Order

June 25, 2020

June 25, 2020

PACER
40

Appearance

July 9, 2020

July 9, 2020

PACER
41

Appearance

July 9, 2020

July 9, 2020

PACER
42

Protective Order

July 16, 2020

July 16, 2020

PACER
43

Stipulation and Order

July 20, 2020

July 20, 2020

PACER
44

Scheduling Order

Sept. 14, 2020

Sept. 14, 2020

PACER
45

Protective Order

Oct. 8, 2020

Oct. 8, 2020

PACER
46

Scheduling Order

Nov. 12, 2020

Nov. 12, 2020

PACER
47

Appear*

Jan. 6, 2021

Jan. 6, 2021

PACER
48

Referring Other Matters to Magistrate Judge*

Jan. 21, 2021

Jan. 21, 2021

PACER
49

Scheduling Order AND Stipulation and Order

Feb. 1, 2021

Feb. 1, 2021

PACER
50

Appear*

Feb. 11, 2021

Feb. 11, 2021

PACER
51

Compel

March 19, 2021

March 19, 2021

PACER
52

Response to Motion

April 2, 2021

April 2, 2021

PACER
54

Protective Order

April 8, 2021

April 8, 2021

PACER
55

Reply to Response to Motion

April 9, 2021

April 9, 2021

PACER
56

Withdrawal of Attorney

April 14, 2021

April 14, 2021

PACER
57

Summary Judgment

April 14, 2021

April 14, 2021

PACER
58

Summary Judgment

April 15, 2021

April 15, 2021

PACER
59

Order on Motion to Withdraw as Attorney

April 19, 2021

April 19, 2021

PACER
60

Hearing on Motion*

April 19, 2021

April 19, 2021

PACER
61

Order on Motion for Protective Order AND Order on Motion to Compel

April 20, 2021

April 20, 2021

PACER
62

Response to Motion

May 5, 2021

May 5, 2021

PACER
63

Response to Motion

May 6, 2021

May 6, 2021

PACER
64

Reply to Response to Motion

May 19, 2021

May 19, 2021

PACER
65

Reply to Response to Motion

May 19, 2021

May 19, 2021

PACER
66

Leave to File

May 28, 2021

May 28, 2021

PACER
67

Strike

June 3, 2021

June 3, 2021

PACER
68

Response to Motion

June 11, 2021

June 11, 2021

PACER
69

Response to Motion

June 17, 2021

June 17, 2021

PACER
70

Reply to Response to Motion

June 18, 2021

June 18, 2021

PACER

Text-Only Notice of Hearing Cancelled

June 21, 2021

June 21, 2021

PACER
71

Reply to Response to Motion

June 24, 2021

June 24, 2021

PACER
72

Scheduling Order

June 30, 2021

June 30, 2021

PACER
73

ORDER Denying Plaintiff's 58 Motion for Summary Judgment and Granting in Part and Denying in Part Defendant's 57 Motion for Summary Judgment. {Granting 66 Motion for Leave to File and Denying as Moot 67 Motion to Strike.). Signed by District Judge Thomas L. Ludington. (KWin)

July 9, 2021

July 9, 2021

RECAP
74

Notice - Other

July 15, 2021

July 15, 2021

PACER
75

Appearance

Aug. 31, 2021

Aug. 31, 2021

PACER
76

Scheduling Order

Sept. 13, 2021

Sept. 13, 2021

PACER
77

Notice - Other

Dec. 22, 2021

Dec. 22, 2021

PACER
78

Notice - Other

Dec. 22, 2021

Dec. 22, 2021

PACER
79

Stipulation and Order

Jan. 3, 2022

Jan. 3, 2022

PACER
80

Appear*

Jan. 13, 2022

Jan. 13, 2022

PACER
81

Referring Other Matters to Magistrate Judge*

Jan. 27, 2022

Jan. 27, 2022

PACER
82

Scheduling Order

Jan. 28, 2022

Jan. 28, 2022

PACER
83

~Util - Set Deadlines/Hearings AND Order

Feb. 1, 2022

Feb. 1, 2022

PACER
84

~Util - Set Deadlines/Hearings AND Order

March 1, 2022

March 1, 2022

PACER
85

Dismissing Case - Stipulated Order

March 31, 2022

March 31, 2022

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 22, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Human Rights Defense Center - nonprofit that publishes written materials such as Prison Legal News for distribution in prisons, as well as materials related to prison/criminal justice topics.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director of MDOC, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Mail

Type of Facility:

Government-run