Case: Hook v. Arizona

2:73-cv-00097 | U.S. District Court for the District of Arizona

Filed Date: Feb. 14, 1973

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On February 14, 1973, eleven inmates in the Arizona Department of Corrections (ADOC) filed a class action lawsuit under 42 U.S.C. § 1983 against ADOC in the U.S. District Court for the District of Arizona, Phoenix Division. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging violations of their First and Fourteenth Amendment rights in conjunction with ADOC's mail policies. Specifically, the plaintiffs contended that they had constitu…

On February 14, 1973, eleven inmates in the Arizona Department of Corrections (ADOC) filed a class action lawsuit under 42 U.S.C. § 1983 against ADOC in the U.S. District Court for the District of Arizona, Phoenix Division. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging violations of their First and Fourteenth Amendment rights in conjunction with ADOC's mail policies. Specifically, the plaintiffs contended that they had constitutional rights to subscribe to Playboy, to send outgoing letters to public judicial officers, to send letters to persons not on approved mailing lists, and to receive letters from more than ten persons.

Before the class was certified, on October 19, 1973, the District Court (Judge Carl A. Muecke) approved a consent decree respecting proposed mail regulations for the Arizona Department of Corrections, and dismissed the action with prejudice. The consent decree allowed mail to be inspected for contraband only and prohibited the reading and censure of all incoming mail and 90% of outgoing mail, specifically allowing inmates to receive Christmas food packages; the consent decree established standards for censorship and procedures for dealing with contraband.

On May 10, 1974, the District Court (Judge Muecke), notwithstanding his previous dismissal with prejudice, approved an amendment to the consent decree citing intervening occurrences and experience. The amendment respected problems peculiar to money orders and mail pick-up in restrictive security zones.

The case remained closed from 1974 until 1991. However, between 1982 and 1987 ADOC made several changes in the mail regulations and, in 1990, passed new regulations governing Christmas packages. In 1990, 265 inmates, none of whom were a party to the original suit, brought an action against the ADOC to enforce the 1973 consent decree, alleging that new prison regulations conflicted with the decree.

On December 6, 1990, the District Court (Judge Muecke) granted an injunction prohibiting the implementation of the new regulations. The defendants appealed.

On July 23, 1992, as amended on September 1, 1992, the Ninth Circuit Court of Appeals (Judge Charles E. Wiggins) affirmed the District Court's December 6, 1990, ruling. Hook v. State of Arizona, Dept. of Corrections, 972 F.2d 1012 (9th Cir. 1992). The Court held that, since the inmates had standing to enforce the earlier consent decree and even if the consent decree was overly broad, the ADOC had to honor the decree and could only seek relief by motion to modify or vacate the decree.

ADOC subsequently attempted to modify the consent decree and implement new policies. In October 1992, ADOC filed a motion to modify the consent decree by removing the provision allowing the inmates to receive Christmas food packages, and shortly thereafter issued memorandums changing the prison policy. On January 13, 1993, the District Court (Judge Muecke) enjoined ADOC from implementing the new policy. On January 31, 1994, the Governor banned certain magazines and the Director of ADOC issued a memorandum implementing the ban. At a hearing in February 1994, ADOC reported that the Director had withdrawn the order.

On June 3, 1994, the District Court (Judge Muecke) found the Director of ADOC in civil contempt for issuing the January 31, 1993, memorandum. And on June 8, 1994, the Court appointed a special master to investigate ongoing allegations of noncompliance and to monitor the implementation of the Christmas package provision. On August 4, 1994, the Court granted in part the plaintiffs' motion for class certification.

In October 1994, the District Court (Judge Muecke) adopted most of the special master's recommendations with respect to Christmas packages and issued an order that purported to clarify the provision. When subsequent settlement negotiations failed, the Court denied ADOC's motion to modify the decree and granted the plaintiffs' motion. The defendants appealed.

On October 25, 1996, the Ninth Circuit Court of Appeals (Judge David R. Thompson) reversed the District Court's October 1994 ruling, which granted the plaintiffs' motion to allow hot pots in cells and denied the defendants' motion to modify the consent decree, and remanded. Hook v. Arizona, 98 F.3d 1177 (9th Cir. 1996). The Court held that ADOC did show a change in circumstances evidenced by a great increase in prison population, and that there was no evidence that the parties intended to include hot pots as a right in the consent decree.

Upon a rehearing of the case and a withdrawal of the October 25, 1996, opinion, on July 17, 1997, the Ninth Circuit Court of Appeals (Judge Thompson) affirmed in part and reversed in part the District Court's October 1994 ruling. Hook v. Arizona, 120 F.3d 921 (9th Cir. 1997). While the Court held again held that ADOC did show a change in circumstances and that a modification that allowed inmates to use hot pots was erroneous, it reversed in part, holding that the appointment of a special master to monitor compliance with the consent decree was not an abuse of discretion by the District Court. On October 6, 1997, the Supreme Court denied certiorari. Arizona v. Hook, 522 U.S. 865 (1997).

On November 6, 1997, in line with the Ninth Circuit's decision, the District Court (Judge Stephen M. McNamee) granted the defendants' motion to modify the consent decree to eliminate the inmates' ability to receive holiday food packages and ordered that inmates could no longer possess and use hot pots.

Earlier, with respect to ADOC's failure to pay special masters' fees, Hook v. Arizona was consolidated with three other cases, namely Gluth v. Kangas, PC-AZ-011, Casey v. Lewis, PC-AZ-004, and Arnold v. Lewis, MH-AZ-001.

On October 17, 1995, the District Court (Judge David Alan Ezra), ruling on the consolidated cases, granted the plaintiffs' motions to hold the Director of ADOC in contempt, found unconstitutional an Arizona law excepting the State from paying Special Masters, and denied the defendants' motions to modify. Hook v. Arizona, 907 F. Supp. 1326 (D. Ariz. 1995). The defendants appealed.

On February 27, 1997, as amended on April 22, 1997, the Ninth Circuit Court of Appeals (Judge Thompson) affirmed the District Court's October 17, 1995, ruling. Hook v. Arizona, 107 F.3d 1397 (9th Cir. 1997). The Court found that the supremacy clause precluded application of the state statute, the Eleventh Amendment did not prohibit the court from ordering state to pay the special masters, the state statute did not make it impossible for the Director of ADOC to comply with the decree and the District Court's imposition of a fine was not an abuse of discretion.

From 1998 to 2000, litigation continued in which the District Court (Judge McNamee) entertained numerous plaintiff motions to enforce the consent decree and numerous defendant motions to modify or vacate the consent decree.

On September 20, 2000, the District Court (Judge McNamee) granted the defendants' motion to amend the consent decree and incorporated the defendants' proposed policy revisions.

On September 12, 2003, the District Court (Judge McNamee) granted the defendants' motions to vacate the consent decree and dismiss the case. Judge McNamee denied subsequent motions for vacation of the September 12, 2003 judgment. The plaintiffs appealed.

On December 15, 2005, the Ninth Circuit Court of Appeals granted one plaintiff's motion for voluntary dismissal of the appeal. The appeal was dismissed.

We have no more information on this file.

Summary Authors

Josh Altman (6/12/2006)

Related Cases

Arnold v. Lewis, District of Arizona (1991)

Krug v. Lutz, District of Arizona (1999)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4744658/parties/hook-v-arizona-state-of/


Judge(s)

Ezra, David Alan (Hawaii)

McNamee, Stephen M. (Arizona)

Muecke, Charles Andrew (Arizona)

Thompson, David R. (California)

Wiggins, Charles Edward (California)

Attorneys(s) for Plaintiff

Adams, Stuart H. Jr. (District of Columbia)

Aiyetoro, Adjoa A. (District of Columbia)

Alexander, Elizabeth R. (District of Columbia)

Barnett, George Salazar (Arizona)

Bendheim, Alice L. (Arizona)

Judge(s)

Ezra, David Alan (Hawaii)

McNamee, Stephen M. (Arizona)

Muecke, Charles Andrew (Arizona)

Thompson, David R. (California)

Wiggins, Charles Edward (California)

Attorneys(s) for Plaintiff

Adams, Stuart H. Jr. (District of Columbia)

Aiyetoro, Adjoa A. (District of Columbia)

Alexander, Elizabeth R. (District of Columbia)

Barnett, George Salazar (Arizona)

Bendheim, Alice L. (Arizona)

Coppersmith, Samuel George (Arizona)

Dann, B. Michael (Arizona)

Fathi, David Cyrus (District of Columbia)

Frank, John P. (Arizona)

Frerichs, Scott F. (Arizona)

Gordon, Andrew S. (Arizona)

Hartland, Christine Ann (Arizona)

Jarvi, Theodore C. (Arizona)

Labensky, Steven J. (Arizona)

Nomkin, Joel W. (Arizona)

Papetti, Randall S. (Arizona)

Rosati, Kristen Brink (Arizona)

Stephan, Craig Allen (Arizona)

Treon, Richard T. (Arizona)

Weeks, Lawrence B. (California)

Weiss, Rachel Rife (Arizona)

Attorneys(s) for Defendant

Abney, Lynne W. (Arizona)

Adler, Vicki Gotkin (Arizona)

Albrecht, Richard (Arizona)

Berch, Rebecca (Arizona)

Bueler, Gordon Samuel (Arizona)

Cooper, Charles Justin (District of Columbia)

Corbin, Robert K. (Arizona)

Crimson, Ronald L. (Arizona)

Dennis, Thomas John (Arizona)

Duke, Cleon M. (Arizona)

Gaylord, John M. (Arizona)

Hochuli, Edward G. (Arizona)

Kirk, Michael W. (District of Columbia)

Lopez, Bernard Phillip (Arizona)

Lugosi, Karen L. (Arizona)

Morrow, James Russel (Arizona)

Nelson, Gary K. (Arizona)

Schaack, Daniel Patrick (Arizona)

Struck, Daniel Patrick (Arizona)

Teply, R. Elizabeth (Arizona)

Trask, Timothy B. (Arizona)

Wake, Neil Vincent (Arizona)

Weineke, Kathleen L. (Arizona)

Other Attorney(s)

Shely, Robert W (Arizona)

Expert/Monitor/Master

Gan, Scott H. (Arizona)

Documents in the Clearinghouse

Document

Docket (PACER)

Feb. 22, 2007 Docket

Stipulation for Entry of Consent Decree

Oct. 16, 1973 Pleading / Motion / Brief

Judgment

Oct. 19, 1973 Order/Opinion

Stipulation for Amendments to Consent Decree and Proposed order

May 10, 1974 Order/Opinion

Opinion

Hook v. Arizona DOC

U. S. Court of Appeals for the Ninth Circuit

972 F.2d 1012, 1992 U.S.App.LEXIS 16855

Sept. 1, 1992 Order/Opinion

Order Granting Plaintiffs' Motions for Contempt and Denying Defendants' Motions to Modify

907 F.Supp. 1326, 1995 U.S.Dist.LEXIS 16098

Oct. 17, 1995 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

98 F.3d 1177, 1996 U.S.App.LEXIS 27633

Oct. 25, 1996 Order/Opinion

Opinion

Hook v. Arizona DOC

U. S. Court of Appeals for the Ninth Circuit

107 F.3d 1397, 1997 U.S.App.LEXIS 3477

April 22, 1997 Order/Opinion

Order and Opinion

U. S. Court of Appeals for the Ninth Circuit

120 F.3d 921, 1997 U.S.App.LEXIS 17814

July 17, 1997 Order/Opinion

Memorandum Decision

Arizona DOC v. Hook

Supreme Court of the United States

522 U.S. 865, 118 S.Ct. 171, 139 L.Ed.2d 114

Oct. 6, 1997 Order/Opinion

Resources

Title Description External URL

Sunbelt Justice: Arizona and the Transformation of American Punishment

Mona Lynch

In the late 20th century, the United States experienced an incarceration explosion. Over the course of twenty years, the imprisonment rate quadrupled, and today more than than 1.5 million people are … Jan. 1, 2010 http://www.sup.org/book.cgi?id=17521

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4744658/hook-v-arizona-state-of/

Last updated May 19, 2022, 11:38 p.m.

ECF Number Description Date Link
858

ORDER denying 857 Motion for order of joinder. Signed by Judge Stephen M McNamee on 11/29/07.(DNH)

Nov. 29, 2007 RECAP
17

ATTORNEY APPEARANCE for plaintiff by George S. Barnett (former emp) Modified on 11/23/1990 (Entered: 11/23/1990)

Nov. 9, 1990
18

MOTION to reopen by plaintiff [18-1] , for enfrcmnt of consent decree by plaintiff [18-2] , for permanent injunction by [18-3] , for finding of contempt of crt & req for injunctve relief by plaintiff [18-4] (former emp) Modified on 11/23/1990 (Entered: 11/23/1990)

Nov. 9, 1990
19

NOTICE OF HEARING by plaintiff setting motion to reopen; for enfrcmnt of consent decree; by plaintiff for permanent injunction; for finding of contempt of crt & req for injunctve relief by plaintiff [18] at 10:00 12/6/90 (former emp) (Entered: 11/23/1990)

Nov. 9, 1990
20

MOTION for temporary restraining order by plaintiff [20-1] (former emp) (Entered: 11/23/1990)

Nov. 9, 1990
21

NOTICE OF HEARING by plaintiff setting motion for temporary restraining order by plaintiff [20-1] at 10:00 12/6/90 (former emp) (Entered: 11/23/1990)

Nov. 9, 1990
22

AFFIDAVITS (of Samuel O. Rosthenhausler & James J. Hamm) in supprt of mtn for tro (former emp) Modified on 11/23/1990 (Entered: 11/23/1990)

Nov. 13, 1990
23

RESPONSE by defendant to pla's motion-- to reopen [18-1]; for enfrcmnt of consent decree [18-2]; for permanent injunction by [18-3]; for finding of contempt of crt & req for injunctve relief [18-4], for temporary restraining order by plaintiff [20-1] (former emp) Modified on 12/06/1990 (Entered: 11/29/1990)

Nov. 28, 1990
24

MOTION to exceed the page limit by plaintiff [23-1] (LODGED: plas' reply to motion for finding of contempt, et al) (MAP) Modified on 12/06/1990 (Entered: 12/05/1990)

Dec. 4, 1990
25

REPLY by plaintiff to response to motion for temporary restraining order by plaintiff [20-1] (MAP) Modified on 12/06/1990 (Entered: 12/05/1990)

Dec. 4, 1990
26

ORDER by Judge C A. Muecke granting motion to exceed the page limit by plaintiff [23-1] (cc: all counsel) (former emp) (Entered: 12/06/1990)

Dec. 6, 1990
27

REPLY by plaintiff to response to motion for finding of contempt of crt & req for injunctve relief etc by plaintiff [18] (former emp) (Entered: 12/06/1990)

Dec. 6, 1990

CLERK'S MINUTES Judge Inits: CAM; Crt Rptr: B. HIGHTOWER, ECR-- gr motion to reopen by plaintiff [18-1]; gr motion for enfrcmnt of consent decree by [18-2]; den motion for permanent injunction by [18-3]; ruling on motion for finding of contempt of crt & req for injunctve relief by plaintiff [18-4] is deferred; gr motion for tro by plaintiff [20-1]; purs to pla's oral mtn to consolidate, ORD gr mtn that all cases related to this mattr be consolidated; FUR pla cnsl p/pare formal ord re crt's ruling; FUR all prison personnel/plas be notified of crt's ruling (former emp) (Entered: 12/11/1990)

Dec. 6, 1990
28

NOTICE by plaintiff of filing order (former emp) (Entered: 12/11/1990)

Dec. 10, 1990
29

ORDER by Judge C A. Muecke: plas' mtn to reopen mattr gr; dfts enjoined, restricted (as specifically set frth herein); ...dfts ordered to pay plas reasnble costs/atty fees, amt t/b determnd at later date; consent decree applies to all inmates whenever incarcerated & not limited to participants in orig Hook v. Arizona lawsuit (see doc for complete details) (cc: all counsel) (re: order [29-1] (former emp) (Entered: 12/13/1990)

Dec. 13, 1990
30

Applic (MOTION) for contempt by plaintiff [30-1] (former emp) (Entered: 12/18/1990)

Dec. 17, 1990
31

ORDER by Judge C A. Muecke show cause hearing set 12/18/90 @ 10:00 why dfts shld not be hld in cntmpt of crt (cc: all counsel) (former emp) (Entered: 12/18/1990)

Dec. 17, 1990

CLERK'S MINUTES Judge Inits: CAM; Crt Rptr: SHERRY PORTZ-- Hrg hld re OSC; applc for contmpt. ORD vacating OSC; FUR withdrawing motion for contempt by plaintiff [30-1] [18-4] (former emp) (Entered: 12/20/1990)

Dec. 18, 1990
32

RETURN OF SERVICE of applicatn for contempt; ord to s/c (SRB) (Entered: 12/21/1990)

Dec. 20, 1990
33

Ntc of filing AFFIDAVIT of George S Barnett in suppt of awrd of expenses & atty fees (former emp) (Entered: 12/27/1990)

Dec. 26, 1990
34

NOTICE OF APPEAL (9CCA #91-15052) by defendant Arizona, State of from Court's oral rulings of 12/7/90 & written ord of 12/13/90 District Court [0-0], [29-1] (cc: 9CCA/All Counsel/CAM/CRM ) (SRB) Modified on 01/24/1991 (Entered: 01/03/1991)

Jan. 2, 1991
35

MOTION to extend time to respond to mtn for atty fees by defendants [35-1] (APJ) (Entered: 01/07/1991)

Jan. 4, 1991
36

ORDER by Judge C A. Muecke granting motion to extend time by defendants [35-1] dfts hv to 1/21/91 to obj to Barnett's mtn for atty fees & memo (cc: all counsel) (former emp) (Entered: 01/09/1991)

Jan. 9, 1991
37

Transcript Designation and Ordering Form (designates 12/6/90 hrg) (former emp) (Entered: 01/16/1991)

Jan. 16, 1991
38

MOTION to stay consolidated cases pending resolution of appeal by defendant [38-1] (former emp) (Entered: 01/17/1991)

Jan. 16, 1991
39

STIPULATION for extn of time (re briefing on atty fees) (former emp) (Entered: 01/24/1991)

Jan. 18, 1991
40

ORDER by Judge C A. Muecke granting stipulation that plas hv til 1/28/91 to submt supprtve material for atty fees; dfts hv til 2/5/91 to reply (cc: all counsel) (former emp) (Entered: 01/24/1991)

Jan. 24, 1991

Notification by 9CCA of Appellate Docket Number #91-15052 (former emp) (Entered: 01/24/1991)

Jan. 24, 1991

Copy of 9CCA Order re time schedule order: appllnt file TDO by 2/1/91; C/R file trnscrpt by 3/4/91 [0-1] (former emp) (Entered: 01/25/1991)

Jan. 25, 1991

Text not available. (Entered: 01/29/1991)

Jan. 28, 1991
41

OBJECTIONS by defendant to atty fees & costs presented by George Barnett (former emp) (Entered: 01/29/1991)

Jan. 28, 1991
42

RESPONSE by plaintiff to motion to extend time to respond to mtn for atty fees by defendants [35-1] [35-1] (former emp) (Entered: 01/29/1991)

Jan. 28, 1991

REJECT (JP): Atty R. Treon's Affdvt of Don Awerkamp, etc (R.10) (former emp) (Entered: 01/29/1991)

Jan. 29, 1991
43

MOTION to exceed the page limit (20-page resp to atty Anderson's mtn for xtn of time to obj to atty Barnett's mtn for atty fees & memo) by plaintiff in 2:73-cv-00097 [43-1] (NO LODGED DOCUMENT SUBMITTED) (former emp) (Entered: 01/30/1991)

Jan. 29, 1991
44

Court Reporter's Transcript of Motion Hearing for the following date(s): 12/6/90 (MAP) (Entered: 02/01/1991)

Feb. 1, 1991

Certificate of Record Transmitted to 9CCA [34-1] (MAP) (Entered: 02/01/1991)

Feb. 1, 1991
45

RESPONSE by plaintiff to motion to stay consolidated cases pending resolution of appeal by [38-1] (former emp) (Entered: 02/01/1991)

Feb. 1, 1991
46

REPLY by defendant to resp to Atty Andersen's mtn to object to Atty Barnett's mtn for atty fees (former emp) (Entered: 02/02/1991)

Feb. 1, 1991
47

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c upon Roger Crist in 90-1923 on 1/29/91 (dktd in lead CIV-73-97, #47) (former emp) Modified on 02/04/1991 (Entered: 02/04/1991)

Feb. 1, 1991
48

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c/o upon defendant Samuel A. Lewis in 2:90-cv-01922 on 1/31/91 (NOTE: orig dktd in lead CIV-73-97, #48) (former emp) (Entered: 02/05/1991)

Feb. 5, 1991
49

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c/o upon defendant Samuel A. Lewis in 2:90-cv-01923 on 1/31/91 (NOTE: orig dktd in lead CIV-73-97, #49) (former emp) (Entered: 02/05/1991)

Feb. 5, 1991
50

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c/o upon defendant Samuel A Lewis in 2:90-cv-01789 on 1/31/91 (NOTE: orig dktd in lead CIV-73-97, #50) (former emp) (Entered: 02/05/1991)

Feb. 5, 1991
51

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c/o upon defendant Samuel A. Lewis in 2:90-cv-01725 on 1/31/91 (NOTE: orig dktd in leac CIV-73-97, #51) (former emp) (Entered: 02/05/1991)

Feb. 5, 1991
52

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c/o upon defendant Samuel A. Lewis in 2:90-cv-01724 on 1/31/91 (NOTE: orig dktd in lead CIV-73-97, #52) (former emp) (Entered: 02/05/1991)

Feb. 5, 1991
53

ORDER by Judge C A. Muecke denying as moot motion to exceed the page limit (20-page resp to atty Anderson's mtn for xtn of time to obj to atty Barnett's mtn for atty fees & memo) by plaintiff in 2:73-cv-00097 [43-1] (cc: all counsel) (former emp) (Entered: 02/06/1991)

Feb. 6, 1991
54

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c/o upon defendant James R Upchurch in 2:90-cv-01724 on 1/31/91 (Orig dktd in lead 73-97, #54) (former emp) (Entered: 02/14/1991)

Feb. 13, 1991
55

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c/o upon defendant James Upchurch in 2:90-cv-01923 on 1/31/91 (orig dkt in lead 73-97, #55) (former emp) (Entered: 02/14/1991)

Feb. 13, 1991
56

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of s/c/o upon defendant H A Biegenwald in 2:90-cv-01789 on 2/1/91 (orig dktd in lead 73-97, #56) (former emp) (Entered: 02/14/1991)

Feb. 13, 1991

Remark: ret'd to Bishop by Pro Se: "mtn to file pro-se request for immediate Crt order for extraordinary Circumstances" (must file through attorney appointed by Crt) (APJ) (Entered: 03/25/1991)

March 25, 1991

Remark: ret'd to R Andersen: mtn to strike pro se mtn (mtn not on docket; it was returned to Bishop by Pro Se office) (APJ) (Entered: 03/25/1991)

March 25, 1991
57

ORDER by Judge C A. Muecke that 1. granting motion to stay [38-1]; , case stayed as to pending resolution of appeal . 2. Barnett's appl for fees denied subject to reinstatment NLT 04-26-91. 3. Barnett to provide dfts w/documents clarifying billing stmt NLT 04-26-91. 4. dfts have til 05-03-91 to file objectons to above referenced documents. (cc: all counsel) (APJ) (Entered: 04/05/1991)

April 5, 1991

Remark: ret'd to counsel for pltfs--response to dfts' mtn to strike Pro Se mtn (none of the documents are on the docket; they were returned unfiled to the filers). (APJ) (Entered: 04/08/1991)

April 8, 1991

Remark: ret'd to R. Andersen (csnl for dfts): reply to response to mtn to strike pro se mtn (none of the related documents are on the docket as they have been ret'd to the parties unfiled) (APJ) (Entered: 04/10/1991)

April 10, 1991
58

ORDER by Judge C A. Muecke that dft's mtn to strike pro se motion is denies as moot. (cc: all counsel) (re: order [58-1] (APJ) (Entered: 04/15/1991)

April 15, 1991
59

MOTION for attorney's fees by plaintiff in 2:73-cv-00097 [59-1] (APJ) (Entered: 04/17/1991)

April 16, 1991
60

SUPPLEMENTAL by plaintiff Stephen Bishop "to pltf's response to mtn to strike pro se mtn" in 2:73-cv-00097 (APJ) (Entered: 04/18/1991)

April 18, 1991
61

MOTION for leave to allow Steve Bishop to proceed individually by lead counsel for plaintiffs in 2:73-cv-00097 [61-1] (APJ) (Entered: 04/19/1991)

April 18, 1991
63

RESPONSE by dfts to motion for leave to allow Steve Bishop to proceed individually by lead counsel for plaintiffs in 2:73-cv-00097 [61-1] (APJ) (Entered: 04/25/1991)

April 24, 1991
64

REPLY by plaintiff in 2:73-cv-00097 to response to motion for leave to allow Steve Bishop to proceed individually by lead counsel for plaintiffs in 2:73-cv-00097 [61-1] (APJ) (Entered: 04/29/1991)

April 26, 1991
65

AFFIDAVIT of George S. Barnett in support of reinstatement of application for award of attys' fees & costs. (APJ) (Entered: 04/29/1991)

April 26, 1991
66

NOTICE by plaintiff in 2:73-cv-00097 of filing of affidavit in support of reinstatement of application for award of attys' fees & costs. (APJ) (Entered: 04/29/1991)

April 26, 1991
67

SUPPLEMENTAL by plaintiff in 2:73-cv-00097 to afdt in support of reinstatement of application for award of attys' fees & costs[65-1] (APJ) (Entered: 04/29/1991)

April 26, 1991
68

RESPONSE by plaintiffs to motion to clarify Crt's order staying 12-06-90 order by defendant [62-1], motion to stay consideration of attorneys' fees [62-2] (APJ) (Entered: 04/30/1991)

April 29, 1991
69

REPLY by defendant in 2:73-cv-00097 to response to motion for attorney's fees by plaintiff George Barnett in 2:73-cv-00097 [59-1] (APJ) (Entered: 05/06/1991)

May 3, 1991
70

RESPONSE by defendant in 2:73-cv-00097 to motion for attorney's fees from Treon's firm by plaintiff in 2:73-cv-00097 [59-1] (APJ) (Entered: 05/06/1991)

May 3, 1991
71

OBJECTIONS by defendant in 2:73-cv-00097 to request for production (APJ) (Entered: 05/09/1991)

May 8, 1991
72

ORDER by Judge C A. Muecke granting motion for attorney's fees by plaintiff [59-1]; dfts pay costs/atty fees of $10,110.70 + int @ 6.07% p/a frm this ord; FUR gr motion for leave to allow Steve Bishop to proceed individually [61-1]; clk of crt notify Mr. Bishop w/cy of this ord; FUR denying motion to clarify Crt's order or altrntvly for stay of consideration of attorneys' fees [62] (cc: all counsel) (former emp) (Entered: 05/17/1991)

May 17, 1991
73

MOTION to amend order of 5/17/91 by defendant in 2:73-cv-00097 [73-1] (former emp) (Entered: 05/24/1991)

May 23, 1991
74

MOTION for lv to file late reply to dft's resp objctng to Atty Barnett's affdvt & memo in supprt of reinstmt of applc for awrd of atty fees/costs by plaintiff [74-1] (LODGED: resp to dfts' reply to applc for atty fees/costs of George S Barnett & req for hrg) (former emp) (Entered: 05/30/1991)

May 28, 1991
75

ORDER by Judge C A. Muecke IT IS ORD granting motion for lv to 6/7/91 to file late reply to dft's resp objctng to Atty Barnett's affdvt & memo in supprt of reinstmt of applc for awrd of atty fees/costs by plaintiff [74-1] pur to LR pg limitations (cc: all counsel) (NOTE: ldgd reply retd to cnsl w/cy of order) (SRB) Modified on 05/31/1991 (Entered: 05/30/1991)

May 30, 1991
76

RESPONSE by plaintiffs in 2:73-cv-00097 to motion to amend order of 5/17/91 by defendant [73]. (CDE) (Entered: 06/04/1991)

June 3, 1991
78

MOTION to consolidate cases (CIV-90-1805-PHX-CAM) by defendant [78-1] (former emp) (Entered: 06/05/1991)

June 4, 1991
77

RETURNED MAIL addressed to: Pltf John Kohl [72-1] -- "no longer in ADC custody" (former emp) (Entered: 06/05/1991)

June 5, 1991
79

REPLY by defendant to response to motion to amend order of 5/17/91 by defendant [73-1] (former emp) (Entered: 06/10/1991)

June 7, 1991
80

REPLY by plaintiff to applc for attorney's fees & costs of George S Barnett & req for evidentiary hrg by plaintiff [59-1] (former emp) (Entered: 06/10/1991)

June 7, 1991

DOCUMENT REJECTION of motion to file pro-se request ... was not an original doc w/ original signature (former emp) (Entered: 06/12/1991)

June 11, 1991
81

MOTION for leave "to file pro se request for immediate Crt order for extraordinary circumstances" by plaintiff Stephen Bishop [81-1] (APJ) (Entered: 07/05/1991)

July 1, 1991
82

ORDER by Judge C A. Muecke granting motion to amend order of 5/17/91 by defendant [73-1] as follows: order of 05-17-91 is amended to change the sentence on line 27 of pg 1 & line 1 of pge 2 to read "dfts do not object to the reasonableness of pltfs' fees, however, they do object to the requested interest rate". (cc: all counsel) (APJ) (Entered: 07/22/1991)

July 22, 1991
83

ORDER by Judge C A. Muecke denying motion to consolidate cases (CIV-90-1805-PHX-CAM) by defendant [78-1] (cc: all counsel) (former emp) (Entered: 07/25/1991)

July 25, 1991
84

MOTION for "Crt's determination as to Hook being a viable consent decree enforceable by tis action" by plaintiff Bishop [84-1] (APJ) (Entered: 07/30/1991)

July 26, 1991
85

ORDER by Judge C A. Muecke: motion for "Crt's determination as to Hook being a viable consent decree enforceable by tis action" by plaintiff Bishop [84-1] treated as mtn for clarificatn & grntd only to extnt provided herein; CIV 90-1724 no longer consolidated w/this case; all future pleadngs s/b fld in CIV-90-1724; stay of case pending dispositn of Hook in 9CCA is vacated; denying motion for leave "to file pro se request for immediate Crt order for extraordinary circumstances" by plaintiff Stephen Bishop [81-1]; Case referred to Magistrate Michael Mignella Jr (cc: all counsel/MM) (former emp) (Entered: 08/26/1991)

Aug. 26, 1991
86

ORDER by Judge C A. Muecke granting pla Barnett's award of fees and costs in amount of $14,252.34. (cc: all counsel) (re: order [86-1] (APJ) (Entered: 11/01/1991)

Nov. 1, 1991

Clerk's record on appeal transmitted to 9CCA (3 vols of Clerk's record; dockets of all member cases) (APJ) (Entered: 01/14/1992)

Jan. 14, 1992

REMARK: acknowldgement of ROA by 9CCA (kept at docket clerk's desk) (APJ) (Entered: 01/24/1992)

Jan. 24, 1992
88

REQUEST by pla for attorney fees (District Court will consider & give recommendation to 9CCA, which will make final ruling) (APJ) (Entered: 03/30/1993)

Aug. 6, 1992
89

APPLICATION FOR COSTS submitted by plas (see request for attorneys fees [88]; request & application to be considered by District Court & recommendation made to 9CCA, which will make final ruling) (APJ) Modified on 03/30/1993 (Entered: 08/10/1992)

Aug. 6, 1992
90

CERTIFIED COPY OF JUDGMENT from 9CCA affirming the decision of the District Court 9CCA No. 91-15052 (cc: all counsel) (DDL) (Entered: 08/26/1992)

Aug. 26, 1992

RETURNED MAIL (9CCA jgm [90] addressed to: Daniel Patrick Rawlins marked "returned by ADOC undeliverable, not here, left no forwarding address" (APJ) (Entered: 09/14/1992)

Sept. 14, 1992
91

MOTION for modification of consent decree by dfts [91-1] (APJ) (Entered: 11/02/1992)

Oct. 30, 1992
92

MOTION to accelerate hearing and/or ruling on motion for modification of consent decree by dfts [91-1] (APJ) (Entered: 11/03/1992)

Nov. 2, 1992
93

Notice of filing AFFIDAVIT of J C Keeney n support of dfts' mtn for modification of consent decree (APJ) (Entered: 11/04/1992)

Nov. 3, 1992
94

MOTION to extend time to respond to mtn for modification by plas [94-1] (APJ) (Entered: 11/10/1992)

Nov. 9, 1992

ATTORNEY APPEARANCE for plas by Scott Frazier Frerichs (APJ) (Entered: 11/10/1992)

Nov. 10, 1992

ATTORNEY SUBSTITUTION: terminating attorney Timothy B Trask for dfts and substituting Karen L Lugosi (APJ) (Entered: 11/10/1992)

Nov. 10, 1992
95

ORDER by Judge Muecke granting motion to extend time until 12-01-92 to respond to mtn for modification by plas [94-1] (cc: all counsel) (APJ) (Entered: 11/10/1992)

Nov. 10, 1992
96

RESPONSE by dfts to motion to extend time to respond to mtn for modification by plas [94-1] (APJ) (Entered: 11/13/1992)

Nov. 12, 1992
103

MOTION to intervene as amicus curiae by Bruno A Lopez [103-1] (STR) (APJ) (Entered: 11/16/1992)

Nov. 12, 1992

Original Record Received from 9CCA re [34-1] 3 volumes orig file; (DDL) (Entered: 11/13/1992)

Nov. 13, 1992
98

MOTION to intervene as amicus curiae by Jim H Fitch [98-1] (STR) (APJ) Modified on 11/16/1992 (Entered: 11/16/1992)

Nov. 13, 1992
100

MOTION to intervene as amicus curiae by Robert Clark Stuck [100-1] (STR) (APJ) (Entered: 11/16/1992)

Nov. 13, 1992

State / Territory: Arizona

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 14, 1973

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates in the Arizona Department of Corrections.

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arizona Department of Corrections, State

Arizona State Prison, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1973 - 2003

Issues

General:

Mail

Search policies

Affected Gender:

Male

Type of Facility:

Government-run