Case: Krug v. Lutz

4:99-cv-00362 | U.S. District Court for the District of Arizona

Filed Date: July 13, 1999

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On July 13, 1999, a state prison inmate in Arizona, filed a pro se complaint in the U.S. District Court for the District of Arizona under 42 U.S.C. §1983. The complaint alleged that state corrections officials violated the plaintiff's right to procedural due process by denying him his publications and failing to provide adequate medical care. Krug's claims of inadequate medical care were dismissed on January 6, 2000. Previously, in 1973, inmates in the Arizona state prison system and the Arizon…

On July 13, 1999, a state prison inmate in Arizona, filed a pro se complaint in the U.S. District Court for the District of Arizona under 42 U.S.C. §1983. The complaint alleged that state corrections officials violated the plaintiff's right to procedural due process by denying him his publications and failing to provide adequate medical care. Krug's claims of inadequate medical care were dismissed on January 6, 2000.

Previously, in 1973, inmates in the Arizona state prison system and the Arizona Department of Corrections (ADOC) entered into a consent decree in Hook v. Arizona (PC-AZ-006) which authorized the ADOC to exclude publications deemed to be obscene under applicable constitutional standards. Inmates dissatisfied with a particular exclusion were allowed to appeal the decision; however, beginning in 1997, the ADOC adopted a practice of having an inmate's appeal of an exclusion decision adjudicated by the same prison official who made the initial decision to exclude the publication. Under this policy, ADOC officials rejected sixty-three publications addressed to Krug. Krug appealed each rejection, and the same ADOC official who initially rejected each publication also rejected Krug's appeal of the decision.

On March 30, 2001, the District Court (Judge Raner C. Collins) granted Krug's request for injunctive relief and directed the ADOC officials to retract any internal procedures that were inconsistent with the plaintiff's due process right to appeal the exclusion of incoming publications to a prison official other than the one who made the original exclusion. Judge Collins also found that the ADOC officials enjoyed qualified immunity from Krug's request for money damages arising out of the procedural due process violations.

On May 14, 2003, the U.S. Court of Appeals for the Ninth Circuit (Judge Raymond C. Fisher) affirmed the District Court's decision by holding that Krug had a constitutional right to two-level review of decisions to exclude publications. Krug v. Lutz, 329 F.3d 692 (9th Cir. 2003). Judge Fisher also found that state corrections officials enjoyed qualified immunity since, given the consent decree, they could have reasonably believed that their own conduct did not violate due process.

On July 15, 2005, Judge Collins ordered the state corrections officials to disseminate the amended publication review policy providing for two-level review of exclusion decisions (Director's Order No. 223) into the prison's libraries and computers and to be downloaded to the ADOC Website. On August 3, 2005, notice of compliance by state corrections officials to the order to disseminate the amended publication review policy was submitted. On April 26, 2007, after compliance by the defendant, the Court dismissed the case.

Summary Authors

Tom Madison (4/8/2006)

Maurice Youkanna (7/11/2014)

Related Cases

Hook v. Arizona, District of Arizona (1973)

People


Judge(s)

Browning, James Robert (California)

Collins, Raner Christercunean (Arizona)

Fisher, Raymond C. (California)

Tallman, Richard C. (Washington)

Attorneys(s) for Plaintiff

Parsons, Julia (Washington)

Steinman, Adam N. (District of Columbia)

Attorneys(s) for Defendant

Akmajian, Peter (Arizona)

Blakey, A. Craig II (Arizona)

Hofmann, Wanda E. (Arizona)

Ladley, Edward Michael (Arizona)

Judge(s)

Browning, James Robert (California)

Collins, Raner Christercunean (Arizona)

Fisher, Raymond C. (California)

Tallman, Richard C. (Washington)

Attorneys(s) for Plaintiff

Parsons, Julia (Washington)

Steinman, Adam N. (District of Columbia)

Attorneys(s) for Defendant

Akmajian, Peter (Arizona)

Blakey, A. Craig II (Arizona)

Hofmann, Wanda E. (Arizona)

Ladley, Edward Michael (Arizona)

Sethi, Dev Kumar (Arizona)

Skolnik, Bruce L. (Arizona)

Documents in the Clearinghouse

Document

4:99-cv-00362

Docket (PACER)

Krug v. Stewart

April 26, 2007

April 26, 2007

Docket
142

4:99-cv-00362

Order [Denying Petition for Injunctive Relief]

June 16, 2000

June 16, 2000

Order/Opinion
199

4:99-cv-00362

Order [Granting Motions to Dismiss and for Summary Judgment in Part]

March 30, 2001

March 30, 2001

Order/Opinion
384

4:99-cv-00362

Order [Granting Summary Judgment in Favor of the Defendants]

Oct. 10, 2002

Oct. 10, 2002

Order/Opinion

01-16033

Opinion

U. S. Court of Appeals for the Ninth Circuit

329 F.3d 692

May 14, 2003

May 14, 2003

Order/Opinion
426

4:99-cv-00362

Order

Krug v. Stewart

July 6, 2005

July 6, 2005

Order/Opinion
430

4:99-cv-00362

Order [Dismissing Case]

Krug v. Stewart

April 26, 2007

April 26, 2007

Order/Opinion

Resources

Docket

Last updated June 6, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

SEALED Document (complaint) (PAB) (Entered: 07/13/1999)

July 13, 1999

July 13, 1999

2

MOTION TO SEAL complaint by pla Lawrence J Krug [2−1] (PAB) (Entered: 07/13/1999)

July 13, 1999

July 13, 1999

3

MOTION to exceed the page limit of complaint by pla Lawrence J Krug [3−1] (PAB) (Entered: 07/13/1999)

July 13, 1999

July 13, 1999

4

MOTION to order Attorney General, cnsl for ADOC, to submit to the Court, under Court seal the Address of dft Dr Mecoli by pla Lawrence J Krug [4−1] (PAB) (Entered: 07/13/1999)

July 13, 1999

July 13, 1999

5

MOTION for permission to file attached grievances separate from filed cmp, due to the fact said grievances amount to 50 pages by pla Lawrence J Krug [5−1] (PAB) (Entered: 07/13/1999)

July 13, 1999

July 13, 1999

6

EMERGENY MOTION to change venue to US District Court, Phoenix Division by pla Lawrence J Krug [6−1] (KDT) (Entered: 08/16/1999)

Aug. 13, 1999

Aug. 13, 1999

7

MOTION for status of case by pla [7−1] (PAB) (Entered: 10/19/1999)

Oct. 19, 1999

Oct. 19, 1999

8

NOTICE by pla Lawrence J Krug of change of address; new address ASP−Lewis−Steiner Complex, P.O. Box 3100, Buckeye, Arizona 85236 (KDT) (Entered: 11/02/1999)

Nov. 2, 1999

Nov. 2, 1999

9

REQUEST by pla for status of case (PAB) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

10

PETITION to determine status of case by pla Lawrence J Krug (KDT) (Entered: 12/08/1999)

Dec. 8, 1999

Dec. 8, 1999

11

MANDATORY PETITION to determine status of said cause pursuant to local rule 110(o) by pla Lawrence J Krug (KDT) (Entered: 01/05/2000)

Jan. 5, 2000

Jan. 5, 2000

12

ORDER by Judge Raner C. Collins that the following claims are dismissed from this action; plaintiff's claims in Count I that the ADOC appeal policy for contraband publications constitutes arbitrary sexual harassment, discrimination and Count III that state licensing codes were violated by ADOC's failure to assign a licensed physician to supervise the nurse practicioner; plaintiff's claim in Count VI that defendants violated state law by requiring prescriptions for non−prescription medications and treatemnt; that defendant's are required to file an answer for the following claims; plaintiff's in Count I that ADOC policym Director's Instruction #95, denies plaintiff due process; plaintiff's claim in Count III that defendants denied him medical care, treatment and medications in violation of the 8th amendment; plaintiff claim in Count IV that outside specialists denied him medical care, treatment and medications; that the Clerk of the Court shall send plaintiff a service packet including and copy of this order, a copy of the complaint and both summons and request for waiver forms for defendnat's Terry Stewart, Charles Ryan, Warden Gonzales, Deputy Warden Cattel, COIV Monica Taylor, Deputy Warden Mike Dunn, Deputy Warden Spargur, Deputy Warden Yolanda Martinez, Dr. Mecoli, NP Fischer, NP Michaelcrist, Dr. Mezzola, Dr. Lutz, FHA Clenney, Dr. Falk, Dr. Wagoner and Dr. Jabcwinski; that plaintiff shall complete and return service packets to the Clerk of the Court within 20 days of the date of filing of this order; with regard to dft Mecoli plaintiff shall complete a service packet absent an address; the US Marshal will not provide service of process if plaintiff fails to comply with this order; that defendants shall ans the complaint and respond to plaintiff petition to have the Court order said filed complaint be filed under Court Seal (Ex Parte); that at all times during the pendency of this action, plaintiff shall immediately advise the Court of any change of address and its effective date; granting motion for status of case by pla [7−1], denying motion to change venue to US District Court, Phoenix Division by pla Lawrence J Krug [6−1], granting motion for permission to file attached grievances separate from filed cmp, due to the fact said grievances amount to 50 pages by pla Lawrence J Krug [5−1], granting motion to order Attorney General, cnsl for ADOC, to submit to the Court, under Court seal the Address of dft Dr Mecoli by pla Lawrence J Krug [4−1], granting motion to exceed the page limit of complaint by pla Lawrence J Krug [3−1] party J William Brammer, party Marie Robertson, party Boyd T Johnson, party Janet Napolitano, party St John Willert (cc: all counsel) (KDT) (Entered: 01/10/2000)

Jan. 6, 2000

Jan. 6, 2000

USM 285, summons/notice/complaint/order, forwarded to USMS this date. (KDT) (Entered: 01/10/2000)

Jan. 6, 2000

Jan. 6, 2000

13

PETITION and notice to Judge Collins, the court missed a critical named dft in count one, Warden Flannigan; memorandum in support therefore accelerated ruling requested so the Court may order late service made by pla Lawrence J Krug (KDT) (Entered: 01/18/2000)

Jan. 18, 2000

Jan. 18, 2000

14

EMERGENCY NOTICE to Judge Collins in reference to sealing the record; no longer need to seal record; memorandum in support thereof accelerated hearing requested by pla Lawrence J Krug of (KDT) (Entered: 01/18/2000)

Jan. 18, 2000

Jan. 18, 2000

USM 285, summons/notice/complaint/order, forwarded to USMS this date. (KDT) (Entered: 01/19/2000)

Jan. 19, 2000

Jan. 19, 2000

15

REPLY by pla Lawrence J Krug to counsel's bad faith response; notice of intent not to respond to plaintiff's emergency petition for enforcement of court order; accelerated ruling requested; oral argument requested (KDT) (Entered: 01/24/2000)

Jan. 21, 2000

Jan. 21, 2000

23

WAIVER of Service upon dft Charles Ryan ; waiver sent on 1/24/00 summons and complaint (KDT) (Entered: 02/07/2000)

Jan. 24, 2000

Jan. 24, 2000

24

WAIVER of Service upon dft Terry Stewart ; waiver sent on 1/24/00 of summons and complaint (KDT) (Entered: 02/07/2000)

Jan. 24, 2000

Jan. 24, 2000

16

ORDER by Judge Raner C. Collins granting petition and notice to Judge Collins, the court missed a critical named defendant in count one, Warden Flannigan to the extent that this Court is ordering service on dft Warden Flannigan; that dft Flannigan is required to file an ans for plaintiff's claim in count one that ADOC policy, Director's instruction #95, denies plaintiff due process; that the Clerk of the Court shall sent plaintiff a service packet including and copy of this order, of the complaint and both summons and request for waiver forms for dft Flannigan; that plaintiff complete and return service packets to the Clerk of the Court within 20 fails to comply with this order; that if pla does not either obtain a waiver of service or summons or complete service of the summons and complaint on dft within 120 days of the date the complaint was filed, or within 60 days of the filing of this order, whichever is later, the action may be dismissed as to dft Flannigan; that US Marshal shall retain the summons, a copy of the cmp, and a copy of this order for future use; that the US Marshal notify dft Flannigan of the commencement of this action and request wiaver of service; the ntc to dft shall include a copy of this order; the Marshal shall file waivers of service of the summons or requests for waivers that were returned as undeliverable as soon as they are received; if a waiver of service of summons is not returned by dft within 30 days from the date the request for waiver was sent by the Marshal, the Marshal shall personally serve copies of the summons, cmp, and this order upon dft; within 10 days after personal service is effected, file the return of service for dft, along with evidence of the attempt to secure a waiver of srvc of the summons and of the costs subsequentlty incurred in effecting service upon dft; the dft shall ans the cmp and respond to pla's petition to have the court order said filed complaint be filed under Court seal (Ex−Parte) within the time provided by the applicable provisions of rule 12(a) of Civil Procedures; that any ans or responsive pleading shall state the specific defendant by name on whose behalf it is filed; the court may strike any ans or responsive pleading that does not identify the specific dft by name on whose behalf it is filed; that a clear and legible copy of every pleading or other document filed shall accompany each original pleading or other document filed with the Clerk for use by the District Judge or MJ to whom the case is assigned and additional copies for each Judge in three−judge panel cases; that pla shall serve dft, or if appearance has been entered by counsel, upon the attorney, a copy of every further pleading or other document submitted for consideration by the court; pla shall include with the original document and copy, to be filed with the Clerk of the Court, a certificate stating the date a true and correct copy of the pleading or document was mailed to dft or the counsel; that at all times during the pendency of this action, pla shall immediately advise the Court of any change of address and its effective date; the ntc shall not include any motions for any other relief; failure to file a ntc of change of address may result in the dismissal of the action for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b) (cc: all counsel) (KDT) (Entered: 01/26/2000)

Jan. 25, 2000

Jan. 25, 2000

17

RESPONSE by dft to motion TO SEAL complaint by pla Lawrence J Krug [2−1] [2−1] (KDT) (Entered: 01/27/2000)

Jan. 26, 2000

Jan. 26, 2000

18

NOTICE that Dr. Mecoli has been served with process by dft (KDT) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

25

WAIVER of Service upon dft Mecoli ; waiver sent on 1/27/00 of summons and complaint (KDT) (Entered: 02/07/2000)

Jan. 27, 2000

Jan. 27, 2000

19

MOTION for protective order by pla Lawrence J Krug [19−1] (KDT) (Entered: 01/31/2000)

Jan. 31, 2000

Jan. 31, 2000

21

RESPONSE by dft's to motion for protective order by pla Lawrence J Krug [19−1] (KDT) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

20

ORDER by Judge Raner C. Collins denying motion TO SEAL complaint by pla Lawrence J Krug [2−1] (cc: all counsel) (KDT) (ADI−ICMS, ). (Entered: 02/01/2000)

Feb. 1, 2000

Feb. 1, 2000

22

RETURN OF SERVICE UNEXECUTED − attempted on 1/31/00 upon Dr Milazzo spelling of name incorrect (KDT) (Entered: 02/01/2000)

Feb. 1, 2000

Feb. 1, 2000

26

WAIVER of Service upon dft Thomas Lutz ; waiver sent on 2/1/00 of summons and complaint (KDT) (Entered: 02/07/2000)

Feb. 1, 2000

Feb. 1, 2000

29

WAIVER of Service upon dft Mike Dunn; waiver sent on 2/3/00 summons/complaint and order (KDT) (Entered: 02/10/2000)

Feb. 3, 2000

Feb. 3, 2000

34

WAIVER of Service upon dft Flannigan; waiver sent on 2/4/00 of summons and complaint (KDT) (Entered: 02/17/2000)

Feb. 4, 2000

Feb. 4, 2000

30

WAIVER of Service upon dft Spargur; waiver sent on 2/7/00 summons, complaint &order (KDT) (Entered: 02/10/2000)

Feb. 7, 2000

Feb. 7, 2000

31

WAIVER of Service upon dft D W Cattel ; waiver sent on 2/9/00 summons/complaint/order (KDT) (Entered: 02/15/2000)

Feb. 9, 2000

Feb. 9, 2000

32

WAIVER of Service upon dft Cleeney ; waiver sent on 2/9/00 summons/complaint/order (KDT) (Entered: 02/15/2000)

Feb. 9, 2000

Feb. 9, 2000

33

WAIVER of Service upon dft Yolanda Martinez ; waiver sent on 2/9/00 summons/complaint/order (KDT) (Entered: 02/15/2000)

Feb. 9, 2000

Feb. 9, 2000

28

RETURN OF SERVICE EXECUTED certified upon dft Gonzales on 2/7/00 re summons, complaint (BAR) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

35

RETURN OF SERVICE UNEXECUTED − attempted upon dft Fischer summons/complaint/order (KDT) (Entered: 02/25/2000)

Feb. 24, 2000

Feb. 24, 2000

36

RETURN OF SERVICE UNEXECUTED − attempted upon dft Falk of summons, complaint and order (KDT) Modified on 03/01/2000 (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

37

RETURN OF SERVICE UNEXECUTED − attempted upon dft Jabowinski of summons, complaint and order (KDT) (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

39

RETURN OF SERVICE UNEXECUTED − attempted upon dft John Wagoner of summons, complaint and order (KDT) (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

38

ORDER by Judge Raner C. Collins denying motion for protective order by pla Lawrence J Krug [19−1] (cc: all counsel) (KDT) (ADI−ICMS, ). (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

40

MOTION for court order requiring named defendant's Dr. Falk, Dr. Jabcwinski, Dr. Wagoner, to pay for service of summons and complaint by US Marshal service by pla Lawrence J Krug [40−1] (KDT) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

41

RETURN OF SERVICE EXECUTED personally upon Monica Taylor on 3/3/00 summons, complaint &order (KDT) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

42

RETURN OF SERVICE EXECUTED personally upon Michael Crist on 3/3/00 summons, complaint &order (KDT) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

43

MOTION for production of address of defendant Fisher by pla Lawrence J Krug [43−1] (KDT) (Entered: 03/08/2000)

March 8, 2000

March 8, 2000

44

MOTION to have service made on defendant's and cost accessed to said defendant's by pla Lawrence J Krug [44−1] (KDT) (Entered: 03/08/2000)

March 8, 2000

March 8, 2000

45

MOTION to dismiss count I of plaintiff's complaint by dft Terry Stewart, dft Charles Ryan, dft Thomas Lutz, dft Mecoli, dft Fischer, dft Cleeney, dft John Wagoner, dft Jabowinski, dft Falk, dft D W Cattel, dft Mike Dunn, dft Yolanda Martinez, dft Gonzales, dft Spargur [45−1] (KDT) (Entered: 03/09/2000)

March 8, 2000

March 8, 2000

46

MOTION for issuance of a court order compelling defendant's Monica Taylor &Kathleen Crist to pay US Marshals fees accessed, pursuant to rule 4(d) by pla Lawrence J Krug [46−1] (KDT) (Entered: 03/13/2000)

March 13, 2000

March 13, 2000

47

MOTION to strike defendant's filed mtn to dismiss by pla Lawrence J Krug [47−1] (KDT) (Entered: 03/15/2000)

March 15, 2000

March 15, 2000

48

MOTION for court order to counsel mtn to dismiss to proceed as a mtn for summary judgment by pla Lawrence J Krug [48−1] (KDT) (Entered: 03/15/2000)

March 15, 2000

March 15, 2000

49

MOTION to correct spelling of defendant's Melazzo and Michalek by pla Lawrence J Krug [49−1] (KDT) (Entered: 03/15/2000)

March 15, 2000

March 15, 2000

50

MOTION for issuance of a protective order in compliance to the order issued by Judge Collins by pla Lawrence J Krug [50−1] (KDT) (Entered: 03/15/2000)

March 15, 2000

March 15, 2000

52

RESPONSE by dft's to motion for issuance of a court order compelling defendant's Monica Taylor &Kathleen Crist to pay US Marshals fees accessed, pursuant to rule 4(d) by pla Lawrence J Krug [46−1] (KDT) (Entered: 03/17/2000)

March 16, 2000

March 16, 2000

53

RESPONSE by dft's to motion for issuance of a protective order in compliance to the order issued by Judge Collins by pla Lawrence J Krug [50−1] (KDT) (Entered: 03/17/2000)

March 16, 2000

March 16, 2000

54

RESPONSE by dft to motion for court order to counsel mtn to dismiss to proceed as a mtn for summary judgment by pla Lawrence J Krug [48−1] (KDT) (Entered: 03/17/2000)

March 16, 2000

March 16, 2000

55

ANSWER by dft Terry Stewart, dft Charles Ryan, dft Thomas Lutz, dft Mecoli, dft Cleeney, dft Flannigan, dft D W Cattel, dft Mike Dunn, dft Yolanda Martinez, dft Gonzales, dft Spargur (KDT) (Entered: 03/21/2000)

March 20, 2000

March 20, 2000

56

MOTION to dismiss party with prejudice by dft John Wagoner, dft Falk [56−1] (KDT) (Entered: 03/21/2000)

March 20, 2000

March 20, 2000

57

AFFIDAVIT of Monica Taylor in support of response for issuane of a court order compelling dft's Monica Taylor &Kathleen Machaelcrist to pay US Marshals fees [52−1] (KDT) (Entered: 03/21/2000)

March 21, 2000

March 21, 2000

58

ORDER by Judge Raner C. Collins re: motion to dismiss party with prejudice by dft John Wagoner, dft Falk [56−1] [56−1] Pla file response to dfts mtn to dism on or bfr 4/19/00 or dftmtn may be gr w/o further ntc to pla(cc: all counsel) (PAB) (ADI−ICMS, ). (Entered: 03/24/2000)

March 24, 2000

March 24, 2000

59

REPLY by pla Lawrence J Krug to defendant's response to pla's mtn to the court for issuance of a court order compelling dft's Monic Taylor &Kathleen Michaelchek to pay US Marshal service fees accessed [52−1] (KDT) (Entered: 03/28/2000)

March 24, 2000

March 24, 2000

60

REPLY by pla Lawrence J Krug to defendant's response to pla's motion for Court to order counsel 's motion to dismiss to proceed as a motion for summary judgment [54−1] (KDT) (Entered: 03/28/2000)

March 24, 2000

March 24, 2000

61

MOTION to exceed the page limit re: motion for summary judgment by pla Lawrence J Krug [61−1] (KDT) (Entered: 03/28/2000)

March 24, 2000

March 24, 2000

LODGED motion for summary judgment; motion to strike dft's motion to dismiss (KDT) (Entered: 03/28/2000)

March 24, 2000

March 24, 2000

LODGED statement of facts in support of motion for summary judgment (KDT) (Entered: 03/28/2000)

March 24, 2000

March 24, 2000

62

MOTION to clarify if counsel for defendant's is permitted to file a motion to dismiss, in lue of answer by pla Lawrence J Krug [62−1] (KDT) (Entered: 03/28/2000)

March 24, 2000

March 24, 2000

63

REPLY by pla Lawrence J Krug to motion for issuance of a protective order in compliance to the order issued by Judge Collins by pla Lawrence J Krug [50−1] [50−1] (KDT) (Entered: 03/28/2000)

March 24, 2000

March 24, 2000

64

MOTION for preliminary injunction by pla Lawrence J Krug [64−1] , for permissin to proceed on injunctive relief; for injunctive hearing; for issuance of order to show cause and tro by pla Lawrence J Krug [64−2] (KDT) Modified on 03/29/2000 (Entered: 03/28/2000)

March 24, 2000

March 24, 2000

65

RESPONSE by dft to plaintiff's motion to proceed on injunctive relief by pla Lawrence J Krug [64−1] (KDT) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

66

REPLY by dft to response to motion to dismiss count I of plaintiff's complaint by dft [45−1] (KDT) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

66

RESPONSE by dft to plaintiff's lodged motion for summary judgment [0−0] (KDT) (Entered: 03/29/2000)

March 28, 2000

March 28, 2000

68

STATEMENT OF FACTS by pla Lawrence J Krug re motion for summary judgment by pla Lawrence J Krug [67−1] (KDT) (Entered: 03/29/2000)

March 29, 2000

March 29, 2000

69

MOTION to strike defendant's mtn to dismiss by pla [69−1] (KDT) (Entered: 03/30/2000)

March 30, 2000

March 30, 2000

70

RESPONSE by dft to motion to exceed the page limit re: motion for summary judgment; and motion to strike motion for summary judgment by pla Lawrence J Krug [61−1] (KDT) (Entered: 03/30/2000)

March 30, 2000

March 30, 2000

71

REPLY by pla Lawrence J Krug to response to motion to strike defendant's mtn to dismiss by pla [69−1], motion to exceed the page limit re: motion for summary judgment by pla Lawrence J Krug [61−1] (KDT) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

72

REPLY by pla Lawrence J Krug to defendants response to petition for permission to proceed on injunctive relief [65−1] (KDT) (Entered: 04/05/2000)

April 5, 2000

April 5, 2000

73

MOTION to exceed the page limit for reply to summary judgment by pla Lawrence J Krug [73−1] (former emp) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

LODGED reply to response to pla mtn for summary judgment, Count I (former emp) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

74

NOTICE by pla Lawrence J Krug of service on the court he inadvertently overlooked sending to the court the pleading for i9njunctive relief−show cause order and memorandum in support (former emp) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

75

MOTION for permission to proceed on injunctive relief by pla Lawrence J Krug [75−1] , for issuance of show cause order by pla Lawrence J Krug [75−2] , for temporary restraining order against Director Stewart, Asst Dir Ryan, Dr. Olding, Warden McFadden and Sgt Lawrence by pla Lawrence J Krug [75−3] , for injunctive hearing by pla Lawrence J Krug [75−4] (former emp) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

76

MOTION for sanctions against Counsel Skolnik for refusing to hold Rule 26(a), Rule 16 by pla Lawrence J Krug [76−1] (former emp) (Entered: 04/10/2000)

April 10, 2000

April 10, 2000

77

MOTION (refiles said petition on demand of counsel Ladley) to produce the current address of Dr. Jabcwinski to the court clerk under seal by pla Lawrence Krug [77−1] (former emp) Modified on 04/10/2000 (Entered: 04/10/2000)

April 10, 2000

April 10, 2000

78

MOTION (refiles said petition the second time on demand of counsel Ladley) to strike defendant's filed motion to dismiss by pla Lawrence J Krug [78−1] (former emp) (Entered: 04/10/2000)

April 10, 2000

April 10, 2000

79

MOTION (refiles said petition on demand of counsel Ladley) to access service cost of US Marshal Service against Dr. Falk and Dr. Wagoner pursuant to Rule 4 by pla Lawrence J Krug [79−1] (former emp) (Entered: 04/10/2000)

April 10, 2000

April 10, 2000

80

RESPONSE by dft John Wagoner, dft Falk to motion (refiles said petition the second time on demand of counsel Ladley) to strike defendant's filed motion to dismiss by pla Lawrence J Krug [78−1], motion to strike defendant's mtn to dismiss by pla [69−1] (KDT) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

80

RESPONSE by dft John Wagoner, dft Falk to notice of default on serving to filed case [74−1] (KDT) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

81

RESPONSE by dft Terry Stewart, dft Charles Ryan, dft Thomas Lutz, dft Mecoli, dft Fischer, dft Flannigan, dft D W Cattel, dft Mike Dunn, dft Yolanda Martinez, dft Gonzales, dft Spargur, dft Monica Taylor, dft Kathleen Michalek to motion for sanctions against Counsel Skolnik for refusing to hold Rule 26(a), Rule 16 by pla Lawrence J Krug [76−1] (KDT) (Entered: 04/12/2000)

April 11, 2000

April 11, 2000

82

MOTION for the court to order already US Marshal service via certified mail as legal, proper service of summons, purs to rule 4, Fed.R.Civ on Dr. Jabcwinski by pla Lawrence J Krug [82−1] (KDT) (Entered: 04/12/2000)

April 12, 2000

April 12, 2000

84

MOTION for order for a evidentiary hrg to determine if Marge Lopez obstructed process of service; by pla Lawrence J Krug [84−1] , to determine if counsel Ladley said dft's intentionally submitted false information to the court, falsely accused Marge Lopez by pla [84−2] , for sanctions against cnsl Ladley &Dr. Falk, Dr. Wagoner if false information was submitted to the Court by pla [84−3] , to accelerate hearing re: mtn for evidentiary hrg; mtn to determine if cnsl Ladley intentionally submitted false information to the court; mtn for sanctions;, and telephonic conference requested by pla [84−4] (KDT) (Entered: 04/20/2000)

April 20, 2000

April 20, 2000

85

RESPONSE to motions entitled "pla refiles said petition the second time on demand of cnsl Ladley...Petition to strike dfts filed mtn for dism filed 3/20/00" and Pla refiles said petitionon demand of cnsl Ladley...Petition to access service cost fo USM service against Dr Falk &Dr Wagoner purs to rule 4, FRCP by dft Falk, dft John Wagoner and CROSS−MOTION to comply with screening order &rule 5(a) requiring that pla provide dft with copies of all documents he submits to Court for by dft Falk &Wagoner[85−1] (RE: [79−1], [78−1] ) (PAB) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

86

RESPONSE by dft John Wagoner, dft Flannigan to motion for the court to order already US Marshal service via certified mail as legal, proper service of summons, purs to rule 4, Fed.R.Civ on Dr. Jabcwinski by pla Lawrence J Krug [82−1], motion (refiles said petition on demand of counsel Ladley) to produce the current address of Dr. Jabcwinski to the court clerk under seal by pla Lawrence Krug [77−1] (PAB) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

87

MOTION (petition) for emergency protective order, petition to suppress misrepresenting stmts, reference to termination of judgment order; Petition to suppress, a falsified copy of medical order submitted by cnsl Ladley as an exh. Censoring of cnsl Ladley for submission of said falsified document. Memorandum in support thereof by pla Lawrence J Krug [87−1] (PAB) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

88

MOTION to extend time to ans dft late receipt of dfts mtn to dism, until 20 days after the Court Rules on whether the mtn is proceeding as a summary jgm. Pla Serenqus obj to proceeding under summary judgment. memorandun in support thereof by pla Lawrence J Krug [88−1] (PAB) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

89

JOINDER by dft John Wagoner, dft Falk to response to pla "Petition for sanctions against cnsl Skolnik" [81−1] (PAB) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

90

REPLY by pla Lawrence J Krug to defendant's response to mtn to strike and motion to dismiss [85−2], to defendant's Dr. Wagoner &Dr Falk response to notice of default [80−1] (KDT) (Entered: 04/25/2000)

April 21, 2000

April 21, 2000

90

MOTION to withdraw motion to strike and notice of default by pla Lawrence J Krug [90−1] (KDT) (Entered: 04/25/2000)

April 21, 2000

April 21, 2000

91

ORDER by Judge Raner C. Collins granting motion to comply with screening order &rule 5(a) requiring that pla provide dft with copies of all documents he submits to Court for by dft Falk &Wagoner [85−1] &frm now forward plaintiff shall serve on all defense counsel all documents filed in this case; denying motion for the court to order already US Marshal service via certified mail as legal, proper service of summons, purs to rule 4, Fed.R.Civ on Dr. Jabcwinski by pla Lawrence J Krug [82−1], denying plaintiff's 4/10/00 motion to assess service cost against Dr Falk and Dr Wagoner [79−1], denying as moot plaintiff's 4/10/00 motion to strike defendant's filed motion to dismiss by pla Lawrence J Krug [78−1], granting plainitiff's 4/10/00 motion (refiles said petition on demand of counsel Ladley) to produce the current address of Dr. Jabcwinski to the court clerk under seal by pla Lawrence Krug [77−1], denying plaintiff's 4/10/00 motion for sanctions against Counsel Skolnik for refusing to hold Rule 26(a), Rule 16 by pla Lawrence J Krug [76−1], denying plaintiff's 3/30/00 motion to strike defendant's mtn to dismiss by pla [69−1], striking motion for summary judgment by pla Lawrence J Krug [67−1], granting plaintiff's 3/15/00 motion to correct spelling of defendant's Melazzo and Michalek by pla Lawrence J Krug [49−1] that the Clk of the Court shall send plaintiff a service packet including both summons and request for waiver forms for obtain a waiver of service of the summons or complete service of the summons and complaint on dft Melazzo within 60 days of the filing of this order the action may be dismissed purs to rule 4(m) and rule 2.12(b)(3)(B)(i); that US Marshall shall retain the summons, a copy of the cmp, and a copy of this order for future use; that the US Marshall shall notify dft Melazzo of the commencement of this action and request waiver of service of the summons purs to rule 4(d); the ntc to dft's shall include a copy of this order; the Marshall shall file a waiver of service of the summons or request for waivers if returned as undeliverable; if a waiver of service of summonse is not returned by dft Melzaao within 30 days from the date the req for waiver was sent by the Marshal, the Marshal shall personally szerve a copy of the summons, cmp, and this order upon the dft; within 10 days after personal service is effected, file the return of service for the dft, along with evidence of the attempt to secure a waiver of service of the summons and the costs subsequently incurred in effecting service upon the dft; the costs of service shall be enumerated on the return of service form (USM−285) and shall include cost incurred by the Marshal for photocopying additional copies of the summons, cmp or this order and for preparing new process recipt &return forms (USM−285) if required; costs of service will be taxed against the personally served dft unless otherwise ordered by the Court; denying plaintiff's 3/13/00 motion for issuance of a court order compelling defendant's Monica Taylor &Kathleen Crist to pay US Marshals fees accessed, pursuant to rule 4(d) by pla Lawrence J Krug [46−1], denying plaintiff's 3/8/00 motion to have service made on defendant's and cost accessed to said defendant's by pla Lawrence J Krug [44−1], granting plaintiff's 3/8/00 motion for production of address of defendant Fisher by pla Lawrence J Krug [43−1], granting plaintiff's 3/6/00 motion for court order requiring named defendant's Dr. Falk, Dr. Jabcwinski, Dr. Wagoner, to pay for service of summons and complaint by US Marshal service by pla Lawrence J Krug [40−1], granting plaintiff's 4/21/00 motion to extend time to ans dft late receipt of dfts mtn to dism, until 20 days after the Court Rules on whether the mtn is proceeding as a summary jgm. Pla Serenqus obj to proceeding under summary judgment. memorandun in support thereof by pla Lawrence J Krug [88−1] Defense counsel Skolnik &Ladley shall file under seal the addresses of defendant's Fischer &Jabowinski, or a record of the effords use to obtain those addresses, on or bfr 5/8/00 (cc: all counsel) (KDT) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

92

NOTICE emergency for Court censorship of unreasonable, egregous, unethical conduct, bfr the Court by cnsl Ladley and dft's Falk &Wagoner; accelerated ruling requested, oral argument via telephonic hrg by pla Lawrence J Krug (KDT) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

93

OBJECTIONS by pla Lawrence J Krug to defendants Falk and Wangner's joinder in response to pla motion for sanctions. [89−1] (former emp) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

93

REPLY by pla Lawrence J Krug to response to motion for sanctions against cnsl Ladley &Dr. Falk, Dr. Wagoner if false information was submitted to the Court by pla [84−3] (former emp) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

94

MOTION for protective order against defendants Falk and Wagner by pla Lawrence J Krug [94−1] (former emp) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

94

RESPONSE by pla Lawrence J Krug to defendants filed defendants Falk and Wagner's motion to comply with screening order and Rule 5(a) requiring that plaintiff provide defendants with copies of all documents he submits to court. (former emp) (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

Case Details

State / Territory: Arizona

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 13, 1999

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prison inmate alleging procedural due process violation in connection with review of decisions excluding incoming publications as obscene

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2001 - None

Issues

General:

Access to lawyers or judicial system

Grievance Procedures

Library (non-law) access

Mail

Type of Facility:

Government-run