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 attorneys, see: https://www.courtlistener.com/docket/16097056/parties/human-rights-defense-center-v-winn/


Judge(s)

Ludington, Thomas Lamson (Michigan)

Attorney for Plaintiff

Dawson, Rian Cierra (Michigan)

Manville, Daniel E. (Michigan)

Attorney for Defendant

Barkman, Cori E. (Michigan)

Foster, Jennifer A (Michigan)

Documents in the Clearinghouse

Documents in this case

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

Jan. 6, 2020

Jan. 6, 2020

Order/Opinion

431 F.Supp.3d 925

Docket

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

Last updated Oct. 28, 2026, 4:27 p.m.

Docket for: Human Rights Defense Center v. Winn
ECF Number Date Description Link
1 Aug. 22, 2019

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)

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2 Aug. 22, 2019

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

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3 Aug. 22, 2019

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

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4 Aug. 22, 2019

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)

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5 Aug. 22, 2019

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)

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6 Aug. 22, 2019

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

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Aug. 22, 2019

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

Aug. 22, 2019

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)

7 Aug. 28, 2019

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

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8 Aug. 28, 2019

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

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9 Aug. 28, 2019

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

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10 Aug. 28, 2019

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

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11 Aug. 28, 2019

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

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12 Aug. 29, 2019

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

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13 Aug. 30, 2019

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)

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14 Sept. 10, 2019

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

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15 Sept. 10, 2019

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)

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16 Sept. 11, 2019

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

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17 Sept. 11, 2019

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

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18 Sept. 11, 2019

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)

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19 Sept. 27, 2019

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

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20 Sept. 30, 2019

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

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21 Oct. 7, 2019

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)

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22 Oct. 18, 2019

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)

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23 Oct. 18, 2019

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)

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24 Oct. 23, 2019

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

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25 Oct. 24, 2019

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)

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26 Oct. 31, 2019

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)

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27 Oct. 31, 2019

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)

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28 Nov. 1, 2019

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

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29 Nov. 6, 2019

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

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30 Nov. 18, 2019

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)

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31 Nov. 19, 2019

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

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Nov. 26, 2019

Text-Only Notice of Hearing Cancelled

Nov. 26, 2019

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)

32 Jan. 6, 2020

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)

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33 Jan. 28, 2020

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)

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34 Jan. 29, 2020

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

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35 Jan. 30, 2020

Order Vacating 33 Order to Show Cause - Failure to Prosecute. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/30/2020)

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36 Jan. 30, 2020

ORDER to Submit Material for Case Management Order. (Short Statement Submitted to CM/Utilities/Proposed Orders by 2/14/2020.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/30/2020)

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37 Feb. 27, 2020

Case Management and SCHEDULING ORDER: Discovery due by 7/28/2020; Settlement Conference set for 8/5/2020 at 3:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 8/28/2020; Final Pretrial Conference set for 1/5/2021 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 1/19/2021 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 02/27/2020)

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38 April 24, 2020

STIPULATED ORDER Extending Time for Defendants to Respond. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/24/2020)

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39 June 25, 2020

Stipulated Order to Extend Case Management and SCHEDULING ORDER Deadlines. Discovery due by 9/28/2020; Settlement Conference set for 10/6/2020 at 3:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 10/30/2020; Final Pretrial Conference set for 3/9/2021 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 3/23/2021 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 06/25/2020)

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40 July 9, 2020

NOTICE of Appearance by Zachary Austin Zurek on behalf of Heidi Washington. (Zurek, Zachary) (Entered: 07/09/2020)

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41 July 9, 2020

NOTICE of Appearance by Kristin M. Heyse on behalf of Heidi Washington. (Heyse, Kristin) (Entered: 07/09/2020)

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42 July 16, 2020

Stipulated PROTECTIVE ORDER Regarding Documents Bearing the Name and Number of Prisoners. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/16/2020)

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43 July 20, 2020

STIPULATED ORDER to Extend Time for Disclosure of Expert Report. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/20/2020)

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44 Sept. 14, 2020

Stipulated Order to Extend Case Management and Scheduling Order Deadlines. Discovery due by 12/4/2020; Settlement Conference set for 12/10/2020 at 10:00 AM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 1/4/2021; Final Pretrial Conference set for 5/11/2021 at 4:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 5/25/2021 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 09/14/2020)

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45 Oct. 8, 2020

Stipulated PROTECTIVE ORDER Regarding MDOC Audits. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 10/08/2020)

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46 Nov. 12, 2020

Stipulated Order Extending Deadlines. Settlement Conference set for 1/19/2021 at 3:00 PM before District Judge Thomas L. Ludington; Discovery due by 1/19/2021; Dispositive Motion Cut-off set for 2/1/2021; Final Pretrial Conference set for 6/29/2021 at 3:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 7/13/2021 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 11/12/2020)

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47 Jan. 6, 2021

RE-NOTICE TO APPEAR BY VIDEO CONFERENCE: Zoom Meeting Settlement Conference RE-set for 1/21/2021 at 2:00 PM before District Judge Thomas L. Ludington (From 1/19/2021). Counsel Will Receive a Separate Email with Zoom Link. (KWin) (Entered: 01/06/2021)

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48 Jan. 21, 2021

ORDER REFERRING OTHER MATTERS to Magistrate Judge Morris : Settlement Conference/Mediation to be Scheduled in the Middle-to-Late March, 2021. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/21/2021)

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49 Feb. 1, 2021

STIPULATION AND ORDER Extending Deadlines. (Dispositive Motion Cut-off set for 4/14/2021, Final Pretrial Conference set for 8/17/2021 at 4:00 PM before District Judge Thomas L. Ludington, Jury Trial set for 8/31/2021 at 8:30 AM before District Judge Thomas L. Ludington) Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 02/01/2021)

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50 Feb. 11, 2021

NOTICE TO APPEAR BY VIDEO CONFERENCE: Settlement Conference set for 5/4/2021 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) (Entered: 02/11/2021)

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51 March 19, 2021

MOTION to Compel Defendant Heidi Washington's Deposition and for Expedited Briefing Schedule by Human Rights Defense Center. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - 8/26/20 and 11/23/20 Emails from R. Dawson to K. Heyse, # 3 Exhibit 2 - 12/16/20 Email from K. Heyse to R. Dawson, # 4 Exhibit 3 - Phelps Deposition Transcript, # 5 Exhibit 4 - March 2021 Email Thread) (Dawson, Rian) (Entered: 03/19/2021)

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52 April 2, 2021

RESPONSE to 51 MOTION to Compel Defendant Heidi Washington's Deposition and for Expedited Briefing Schedule filed by Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - 9.22.2020 email, # 3 Exhibit B - 12.16.2020 email, # 4 Exhibit C - 1.20.2021 email, # 5 Exhibit D - 03.03.2021 email, # 6 Exhibit E - Pl's Dep Notice, # 7 Exhibit F - Watrobski v FCA US LLC, # 8 Exhibit G - DOM 2021-28R, # 9 Exhibit H - Washington Declaration) (Heyse, Kristin) (Entered: 04/02/2021)

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53 April 5, 2021

EXHIBIT H - Corrected re 52 Response to Motion,, by Heidi Washington (Heyse, Kristin) (Entered: 04/05/2021)

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54 April 8, 2021

MOTION for Protective Order and Brief in Support by Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Notice of Deposition, # 3 Exhibit B - Jackson v. City of Detroit, # 4 Exhibit C - Nykoriak v. City of Hamtramck, # 5 Exhibit D - Jameson v. Oakland County) (Heyse, Kristin) (Entered: 04/08/2021)

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55 April 9, 2021

REPLY to Response re 51 MOTION to Compel Defendant Heidi Washington's Deposition and for Expedited Briefing Schedule filed by Human Rights Defense Center. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Defendants' Amended Initial Disclosures, # 3 Exhibit 2 - Notice of Deposition Pursuant to Fed.R.Civ.P.30(b)(6), # 4 Exhibit 3 - 2/14/20 Joint Case Management Report/Discovery Plan) (Dawson, Rian) (Entered: 04/09/2021)

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56 April 14, 2021

MOTION for Withdrawal of Attorney with Brief in Support Cori Barkman and Jennifer Foster by Heidi Washington. (Heyse, Kristin) (Entered: 04/14/2021)

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57 April 14, 2021

MOTION for Summary Judgment with Brief in Support by Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Policy Directive, # 3 Exhibit B - Compiled Mail rejects, # 4 Exhibit C - Rejections (1 of 2), # 5 Exhibit C - Rejections (2 of 2), # 6 Exhibit D - PLN Nov 20, # 7 Exhibit E - PLN Dec 20, # 8 Exhibit F - PLN Jan 21, # 9 Exhibit G - PLN Mar 21, # 10 Exhibit H - Killough Dep excerpts, # 11 Exhibit I - Karber Dep, # 12 Exhibit J - Hill Dep, # 13 Exhibit K - Elliott Dep, # 14 Exhibit L - Payton dep, # 15 Exhibit M - Renshaw Dep, # 16 Exhibit N - Myotte dep, # 17 Exhibit O - Wright Dep excerpts, # 18 Exhibit P - Brewer declaration, # 19 Exhibit Q - Frankfurth case, # 20 Exhibit R -Wright Dep excerpts, # 21 Exhibit S -Wright Dep excerpts, # 22 Exhibit T - Wright Dep excerpts, # 23 Exhibit U - Wright Dep excerpts, # 24 Exhibit V - Killough Dep excerpts, # 25 Exhibit W - Killough Dep excerpts) (Heyse, Kristin) (Entered: 04/14/2021)

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58 April 14, 2021

MOTION for Summary Judgment by Human Rights Defense Center. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - 01/07/21 Paul Wright Deposition Transcript, # 3 Exhibit 2 - Declaration of Paul Wright, # 4 Exhibit 3 - HRDC006382 (January 2021 MDOC Subscriber List), # 5 Exhibit 4 - MDOC_00209 (MDOC Policy Directive 05.03.118), # 6 Exhibit 5 - MDOC 30(b)(6) (N. Killough) Deposition Transcript, # 7 Exhibit 6 - Collection of Pre-Litigation Rejections (September 2016-July 2019), # 8 Exhibit 7 - Collection of Post-Litigation Rejections (August 2019-March 2021), # 9 Exhibit 8 - Collection of November 2017 PLN Rejections, # 10 Exhibit 9 - S. Renshaw Deposition Transcript, # 11 Exhibit 10 - Collection of September 2019 Rejections, # 12 Exhibit 11 - Collection of October 2019 Rejections, # 13 Exhibit 12 - Collection of November 2019 Rejections, # 14 Exhibit 13 - Collection of July 2020 Rejections, # 15 Exhibit 14 - Collection of April 2020 Rejections, # 16 Exhibit 15 - Collection of August 2020 Rejections, # 17 Exhibit 16 - June 2020 Rejection, # 18 Exhibit 17 - February 2020 Rejection, # 19 Exhibit 18 - March 2020 Rejection, # 20 Exhibit 19 - Rebuttal Expert Report of John Clark, # 21 Exhibit 20 - S. Karber Deposition Transcript Excerpt, # 22 Exhibit 21 - Collection of Baraga Pre-Litigation Rejections, # 23 Exhibit 22 - Collection of Ionia Pre-Litigation Rejections, # 24 Exhibit 23 - FBOP Program Statement P5266.11 §540.71(b), # 25 Exhibit 24 - Collection of Baraga and Marquette Post-Litigation Rejections, # 26 Exhibit 25 - Collection of Ionia Post-Litigation Rejections, # 27 Exhibit 26 - MDOC_08641 (1/13/21 email), # 28 Exhibit 27 - MDOC_00465 (6/20/17 email), # 29 Exhibit 28 - 10/17/19 Notice, # 30 Exhibit 29 - Collection of Pre-Litigation PLN issues, # 31 Exhibit 30 - Collection of Post-Litigation PLN issues, # 32 Exhibit 31 - Collection of March 2018 Rejections, # 33 Exhibit 32 - Rejection of December 2017 Issue, # 34 Exhibit 33 - Rejection of January 2019, # 35 Exhibit 34 - Collection of Rejections based on articles mentioning an MDOC prisoner, # 36 Exhibit 35 - Collection of Rejections based on articles mentioning MDOC staff, # 37 Exhibit 36 - Chapman Declaration, # 38 Exhibit 37 - S. Payton Deposition Transcript Excerpt, # 39 Exhibit 38 - T. Hill Deposition Transcript Excerpt, # 40 Exhibit 39 - C. Elliott Deposition Transcript Excerpt, # 41 Exhibit 40 - MDOC_00420 (1/4/17 email), # 42 Exhibit 41 - March 2018 PLN article about Georgia prisoners, # 43 Exhibit 42 - April 2018 PLN article about peanut butter as an escape tool, # 44 Exhibit 43 - July 2018 article about South Carolina prison riot, # 45 Exhibit 44 - Collection of April 2018 Rejections, # 46 Exhibit 45 - July 2018 Rejection, # 47 Exhibit 46 - 6/11/18 Demand Letter to Director Washington) (Dawson, Rian) (Entered: 04/14/2021)

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59 April 19, 2021

ORDER Granting Defendant's 56 Motion to Withdraw Counsel. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/19/2021)

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60 April 19, 2021

NOTICE OF HEARING on 57 MOTION for Summary Judgment with Brief in Support, and 58 MOTION for Summary Judgment. Motion Hearing set for 6/28/2021 at 2:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 04/19/2021)

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61 April 20, 2021

ORDER Denying Plaintiff's 51 Motion to Compel as Untimely and Denying Defendant's 54 Motion for Protective Order as Moot. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/20/2021)

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62 May 5, 2021

RESPONSE to 58 MOTION for Summary Judgment filed by Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Karber Dep pg 43, # 3 Exhibit B - Myotte Dep pg 144, # 4 Exhibit C - Mailroom Training Agenda, # 5 Exhibit D - Heritage Bible Fellowship v. Karber, # 6 Exhibit E - Erwin v. Village of Morrow, Ohio, # 7 Exhibit F - Wright Dep pg 155, # 8 Exhibit G - Ellis v. Corizon, # 9 Exhibit H - Book Rejections, # 10 Exhibit I - Dep of Paul Wright pages 162-164) (Heyse, Kristin) (Entered: 05/05/2021)

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63 May 5, 2021

RESPONSE to 57 MOTION for Summary Judgment with Brief in Support filed by Human Rights Defense Center. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - C. Elliott Deposition Transcript Excerpt, # 3 Exhibit 2 - Declaration of Paul Wright, # 4 Exhibit 3 - HRDC006496 (Macomb Correctional Facility Prisoner Letter), # 5 Exhibit 4 - Collection of Post-Litigation Book Rejections, # 6 Exhibit 5 - Defendants Amended Initial Disclosures, # 7 Exhibit 6 - Collection of December 2020 Rejections, # 8 Exhibit 7 - Collection of April 2021 Rejections) (Dawson, Rian) (Entered: 05/05/2021)

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64 May 19, 2021

REPLY to Response re 57 MOTION for Summary Judgment with Brief in Support filed by Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Campbell Declaration, # 3 Exhibit B - Mahar Declaration, # 4 Exhibit C - Walker Declaration, # 5 Exhibit D - Labelle Declaration, # 6 Exhibit E - Killough Declaration, # 7 Exhibit F - Notices, # 8 Exhibit G - Brown Declaration, # 9 Exhibit H - Long Declaration, # 10 Exhibit I - Email to Staff, # 11 Exhibit J - Killough Dep Excerpt, # 12 Exhibit K - Wright Dep Excerpt) (Heyse, Kristin) (Entered: 05/19/2021)

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65 May 19, 2021

REPLY to Response re 58 MOTION for Summary Judgment filed by Human Rights Defense Center. (Attachments: # 1 Exhibit 1 - Rejected Articles) (Dawson, Rian) (Entered: 05/19/2021)

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66 May 28, 2021

MOTION for Leave to File Supplemental Declaration Correcting Error by Human Rights Defense Center. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Paul Wright) (Dawson, Rian) (Entered: 05/28/2021)

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67 June 3, 2021

MOTION to Strike Plaintiff Human Right Defense Center's Rebuttal Expert Report by Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Vose Report, # 3 Exhibit B - Clark Report, # 4 Exhibit C - Bently v. Highlands Hosp Corp, # 5 Exhibit D - Cahoo v. Fast Enters LLC) (Heyse, Kristin) (Entered: 06/03/2021)

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68 June 11, 2021

RESPONSE to 66 MOTION for Leave to File Supplemental Declaration Correcting Error filed by Heidi Washington. (Attachments: # 1 Exhibit A - Hill v Western Wayne Family Health Centers) (Heyse, Kristin) (Entered: 06/11/2021)

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69 June 17, 2021

RESPONSE to 67 MOTION to Strike Plaintiff Human Right Defense Center's Rebuttal Expert Report filed by Human Rights Defense Center. (Attachments: # 1 Exhibit 1 - 2020-10-29 Email) (Pauwels, Andrew) (Entered: 06/17/2021)

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70 June 18, 2021

REPLY to Response re 66 MOTION for Leave to File Supplemental Declaration Correcting Error filed by Human Rights Defense Center. (Dawson, Rian) (Entered: 06/18/2021)

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June 21, 2021

Text-Only Notice of Hearing Cancelled

71 June 24, 2021

REPLY to Response re 67 MOTION to Strike Plaintiff Human Right Defense Center's Rebuttal Expert Report filed by Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Shehee v. Saginaw Cnty, # 3 Exhibit B - Long v. Adams) (Heyse, Kristin) (Entered: 06/24/2021)

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72 June 30, 2021

Stipulated Order Extending Deadlines. Final Pretrial Conference set for 10/19/2021 at 4:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 11/2/2021 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 06/30/2021)

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73 July 9, 2021

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) (Entered: 07/09/2021)

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74 July 15, 2021

NOTICE by Human Rights Defense Center re 63 Response to Motion,, Supplemental Declaration of Paul Wright (Attachments: # 1 Exhibit 1 - Wright Supplemental Declaration) (Dawson, Rian) (Entered: 07/15/2021)

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75 Aug. 31, 2021

NOTICE of Appearance by Sara Elizabeth Trudgeon on behalf of Heidi Washington. (Trudgeon, Sara) (Entered: 08/31/2021)

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76 Sept. 13, 2021

Stipulated Order Adjourning Pre-Trial and Bench Trial Dates. Final Pretrial Conference set for 2/1/2022 at 2:00 PM before District Judge Thomas L. Ludington; Bench Trial set for 2/22/2022 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 09/13/2021)

RECAP
77 Dec. 22, 2021

NOTICE by Human Rights Defense Center Fed. R. Civ. P. 26(a)(3)(A) Disclosures (Pauwels, Andrew) (Entered: 12/22/2021)

RECAP
78 Dec. 22, 2021

NOTICE by Heidi Washington re 76 Scheduling Order, FED. R. CIV. P. 26(a)(3) PRETRIAL DISCLOSURES WITH A CERTIFICATE OF SERVICE (Heyse, Kristin) (Entered: 12/22/2021)

RECAP
79 Jan. 3, 2022

STIPULATED ORDER Extending Deadlines. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/03/2022)

RECAP
80 Jan. 13, 2022

NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference Re: Adjournment Request set for 1/27/2022 at 10:30 AM before District Judge Thomas L. Ludington. Counsel will Receive a Separate Email with Call-In Number. (KWin) (Entered: 01/13/2022)

RECAP
81 Jan. 27, 2022

ORDER REFERRING OTHER MATTERS to Magistrate Judge Morris : Settlement Conference/Facilitation. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/27/2022)

RECAP
82 Jan. 28, 2022

Stipulated Order Extending Deadlines. Final Pretrial Conference set for 5/10/2022 at 2:00 PM before District Judge Thomas L. Ludington; Bench Trial set for 5/24/2022 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 01/28/2022)

RECAP
83 Feb. 1, 2022

ORDER Scheduling Settlement Conference. (Confidential settlement statements due by 2/15/2022, Settlement Conference set for 2/22/2022 10:00 AM before Magistrate Judge Patricia T. Morris) Signed by Magistrate Judge Patricia T. Morris. (KCas) (Entered: 02/01/2022)

RECAP
84 March 1, 2022

ORDER Directing Submission of Closing Documents. (Closing Documents Submitted to CM/ECF (PACER)/Utilities/Proposed Orders due by 3/31/2022. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 03/01/2022)

RECAP
85 March 31, 2022

STIPULATED ORDER to Dismiss. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 03/31/2022)

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

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

State

Director of MDOC

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

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

Other Dockets:

Eastern District of Michigan 1:19-cv-12470

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Mail

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