Case: Travis v. Lockhart

5:84-cv-00309 | U.S. District Court for the Eastern District of Arkansas

Filed Date: July 6, 1984

Closed Date: March 20, 1991

Clearinghouse coding complete

Case Summary

Prisoners at the Arkansas Department of Correction filed a pro se lawsuit under 28 U.S.C. § 2254 against the Arkansas Department of Correction in the U.S. District Court for the Eastern District of Arkansas. The prisoners asked the court for declaratory and injunctive relief, complaining that the defendants were violating their constitutional right to free speech by opening letters criticizing the prison's policies that the inmates were sending to newspapers.On April 18, 1985 the U.S. District…

Prisoners at the Arkansas Department of Correction filed a pro se lawsuit under 28 U.S.C. § 2254 against the Arkansas Department of Correction in the U.S. District Court for the Eastern District of Arkansas. The prisoners asked the court for declaratory and injunctive relief, complaining that the defendants were violating their constitutional right to free speech by opening letters criticizing the prison's policies that the inmates were sending to newspapers.

On April 18, 1985 the U.S. District Court for the Eastern District of Arkansas (Judge Elsijane T. Roy) granted declaratory relief to the plaintiffs, ordering the Department of Corrections to adopt policies that treat inmate media mail with the same level of privilege as legal correspondence. Travis v. Lockhar,t 607 F.Supp. 1083 (E.D.Ark. 1985).

The defendants appealed this decision, and on March 18, 1991 the U.S. Court of Appeals for the 8th Circuit vacated the district court's decision and remanded the case with direction to dismiss the petition on the ground that it raised only a matter of state concern. On March 20, 1991, the U.S. District Court for the Eastern District of Arkansas (Judge Garnett T. Eisele) dismissed the case with prejudice.

Summary Authors

Kristen Sagar (3/14/2006)

People


Judge(s)

Eisele, Garnett Thomas (Arkansas)

Forster, John F. Jr. (Arkansas)

Roy, Elsijane Trimble (Arkansas)

Attorneys(s) for Plaintiff

Lassiter, Jack T. (Arkansas)

Attorneys(s) for Defendant

Gillean, Jack Ward (Arkansas)

Judge(s)

Eisele, Garnett Thomas (Arkansas)

Forster, John F. Jr. (Arkansas)

Roy, Elsijane Trimble (Arkansas)

Attorneys(s) for Plaintiff

Lassiter, Jack T. (Arkansas)

Attorneys(s) for Defendant

Gillean, Jack Ward (Arkansas)

Documents in the Clearinghouse

Document

Docket (PACER)

March 20, 1991 Docket

Memorandum and Order

607 F.Supp. 1083, 1985 U.S.Dist.LEXIS 20589

April 18, 1985 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

MOTION by defendant Al Lockhart to dismiss (former empl) (Entered: 11/02/1989)

Oct. 14, 1987

MOTION by plaintiff Vernon Dale Travis for summary judgment (former empl) (Entered: 11/02/1989)

July 27, 1989
25

Reply by plaintiff to respondent's response to motion for summary judgment. (bmt) (Entered: 09/26/1989)

Sept. 18, 1989

MOTION by plaintiff Vernon Dale Travis to withdraw motion for default judgment. (former empl) (Entered: 11/02/1989)

Oct. 27, 1989
26

Recommended Disposition by Magistrate John F. Forster Jr. concerning motion for summary judgment [0-1], motion for summary judgment [0- 1], motion to dismiss [0-1]; objections due 5/26/90. (maj) (Entered: 05/15/1990)

May 15, 1990
27

OBJECTIONS by plaintiff Vernon Dale Travis to Recomended Disposition [26-1] (maj) (Entered: 05/30/1990)

May 25, 1990
28

ORDER by Chief Judge G.T. Eisele granting Recommended Disposition [26-1]; denying motion for summary judgment [0-1]; denying motion for judgment [0-1]; granting motion to dismiss [0-1]; terminating case (cc: all counsel) (maj) (Entered: 06/05/1990)

June 4, 1990
29

JUDGMENT: by Chief Judge G.T. Eisele terminating case pursuant to Memorandum and Order; relief sought is denied (cc: all counsel) (maj) (Entered: 06/05/1990)

June 4, 1990
30

Petition by plaintiff Vernon Dale Travis for certificate of probable cause (former empl) (Entered: 07/03/1990)

July 2, 1990
31

Notice of appeal by plaintiff Vernon Dale Travis from Dist. Court decision, [28-2] (former empl) (Entered: 07/03/1990)

July 2, 1990
32

ORDER by Chief Judge G. T. Eisele granting petition motion for certificate of probable cause [30-1] (cc: all counsel) (dac) (Entered: 07/09/1990)

July 9, 1990

DOCKETING LETTER: 8 USCA Number 90-2126EA ; appellant's desgn of record due 7/26/90 ; appellee's desgn of record due 8/6/90 ; clerk's record on appeal due 8/27/90 (dac) (Entered: 07/18/1990)

July 18, 1990
33

Joint Designation of Record by plaintiff Vernon Dale Travis, and defendant A L Lockhart (dac) (Entered: 07/31/1990)

July 30, 1990

DOCKET NOTE: Designation of record forwarded to 8USCA (former empl) (Entered: 08/01/1990)

Aug. 1, 1990
34

Opinion (8USCA) the order of the district court is vacated and the case is remanded to the district court with directions to dismiss the petition on the ground that it raised only a matter of state concern. (dac) (Entered: 03/18/1991)

March 18, 1991
35

MANDATE from 8 USCA vacating the Decision of the District Court and remanding to the district court for proceedings consistent with the opinion of this Court. [Appeal [31-1] (dac) (Entered: 03/18/1991)

March 18, 1991
36

ORDER by Chief Judge G.T. Eisele terminating case w/prejudice at direction of Eighth Circuit. (cc: all counsel) (maj) (Entered: 03/21/1991)

March 20, 1991

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 6, 1984

Closing Date: March 20, 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners alleging their First Amendment rights were violated by Department of Corrections policy of scanning incoming and outgoing mail directed to and received from media representatives

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arkansas Department of Corrections, State

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1985 - 1991

Issues

General:

Mail

Type of Facility:

Government-run