Case: Canadian Coalition Against the Death Penalty v. Ryan

2:02-cv-01344 | U.S. District Court for the District of Arizona

Filed Date: July 18, 2002

Closed Date: May 19, 2003

Clearinghouse coding complete

Case Summary

Prisoner and human rights advocacy groups that maintained websites filed suit under 42 U.S.C. § 1983 on July 19, 2002, in the U.S. District Court for the District of Arizona, seeking declaratory and injunctive relief. They alleged that a state statute, prohibiting prison inmates from sending mail to or receiving mail from a communication service provider or from having access to the Internet through a provider, was unconstitutional. The plaintiffs published firsthand accounts from prisoners on …

Prisoner and human rights advocacy groups that maintained websites filed suit under 42 U.S.C. § 1983 on July 19, 2002, in the U.S. District Court for the District of Arizona, seeking declaratory and injunctive relief. They alleged that a state statute, prohibiting prison inmates from sending mail to or receiving mail from a communication service provider or from having access to the Internet through a provider, was unconstitutional. The plaintiffs published firsthand accounts from prisoners on their websites and often sent information to prisoners in the mail. The Arizona Department of Corrections imposed disciplinary sanctions on at least five inmates because their names appeared on the websites. Plaintiffs were represented by the ACLU Technology Liberty Project and the ACLU National Prison Project.

The U.S. District Court for the District of Arizona (Judge Earl Hamblin Carroll) on May 19, 2003, ruled that the plaintiffs did have standing to sue. Furthermore, the court granted the plaintiffs' motion for summary judgment and enjoined enforcement of the statute, holding that the statute in question was not rationally related to a legitimate penalogical objective of the State. Canadian Coalition Against the Death Penalty v. Ryan, 269 F.Supp.2d 1199 (D. Ariz. 2003).

Summary Authors

David Terry (2/27/2006)

People


Judge(s)

Carroll, Earl Hamblin (Arizona)

Attorneys(s) for Plaintiff

Beeson, Ann (District of Columbia)

Bendheim, Alice L. (Arizona)

Fathi, David Cyrus (District of Columbia)

Sutherland, Pamela Kirkpatrick (Arizona)

Attorneys(s) for Defendant

Brodsky, Michael L. (Arizona)

Morrow, James Russel (Arizona)

Schaack, Daniel Patrick (Arizona)

Judge(s)

Carroll, Earl Hamblin (Arizona)

Attorneys(s) for Plaintiff

Beeson, Ann (District of Columbia)

Bendheim, Alice L. (Arizona)

Fathi, David Cyrus (District of Columbia)

Sutherland, Pamela Kirkpatrick (Arizona)

Attorneys(s) for Defendant

Brodsky, Michael L. (Arizona)

Morrow, James Russel (Arizona)

Schaack, Daniel Patrick (Arizona)

Documents in the Clearinghouse

Document

2:02-cv-01344

Docket (PACER)

June 21, 2004

June 21, 2004

Docket
44

2:02-cv-01344

Order

269 F.Supp.2d 1199, 2003 U.S.Dist.LEXIS 11273

May 19, 2003

May 19, 2003

Order/Opinion

Resources

Docket

Last updated July 16, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (LSP) (Entered: 07/19/2002)

July 18, 2002

July 18, 2002

2

MOTION for admission pro hac vice as to David C Fathi, atty for pla Canadian Coalition A, pla Citizens United Alte, pla Stop Prisoner Rape [2-1] (DMT) (Entered: 07/23/2002)

July 22, 2002

July 22, 2002

4

RETURN OF SERVICE EXECUTED summons/complaint upon dft Terry L Stewart on 7/19/02 in Phoenix, AZ (DMT) (Entered: 07/24/2002)

July 23, 2002

July 23, 2002

3

ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to David C Fathi, atty for pla Canadian Coalition A, pla Citizens United Alte, pla Stop Prisoner Rape [2-1] (cc: all counsel) (DMT) (Entered: 07/24/2002)

July 24, 2002

July 24, 2002

5

MOTION for admission pro hac vice as to Ann Beeson, atty for pla Canadian Coalition A [5-1] (DMT) (Entered: 08/07/2002)

Aug. 6, 2002

Aug. 6, 2002

6

ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Ann Beeson, atty for pla Canadian Coalition A [5-1] (cc: all counsel) (DMT) (Entered: 08/08/2002)

Aug. 8, 2002

Aug. 8, 2002

7

ANSWER to complaint [1-1] by dft (DMT) (Entered: 08/13/2002)

Aug. 8, 2002

Aug. 8, 2002

8

ORDER by Judge Earl H. Carroll ; prel scheduling conf set for 9:30 12/9/02 (cc: all counsel) (DMT) (Entered: 08/20/2002)

Aug. 20, 2002

Aug. 20, 2002

9

MOTION to exceed the page limit on their motion for preliminary injunction and their memorandum by plas [9-1] (lodged motion for preliminary injunction filed 9/27/02 per order #11) (DMT) Modified on 09/27/2002 (Entered: 09/06/2002)

Sept. 3, 2002

Sept. 3, 2002

LODGED motion for preliminary injunction by plas (9-1) (lodged motion by dft also, lodged 9/19/02 relating to [9-1](DMT) Modified on 09/20/2002 (Entered: 09/06/2002)

Sept. 3, 2002

Sept. 3, 2002

10

NOTICE by plas of supplemental authority (DMT) (Entered: 09/24/2002)

Sept. 23, 2002

Sept. 23, 2002

11

ORDER by Judge Earl H. Carroll granting motion to exceed the page limit on their motion for preliminary injunction and their memorandum by plas [9-1] (lodged motion for preliminary injunction at docket clerk's desk) (cc: all counsel) (LAD) (Entered: 09/27/2002)

Sept. 27, 2002

Sept. 27, 2002

12

MOTION for preliminary injunction against dft Stewart, his agents, servants, employees, attorneys and all others in active concert or participation with him from enforcing AZ House Bill 2376 pending a final determination of the constitutionality of that statute by the Court) by plas [12-1] (OK to file per order #11 filed 9/27/02) (LAD) (Entered: 09/27/2002)

Sept. 27, 2002

Sept. 27, 2002

13

MOTION for scheduling order by dft Terry L Stewart [13-1] and for hearing date re application for preliminary injunction by dft Terry L Stewart [13-2] (LAD) (Entered: 09/27/2002)

Sept. 27, 2002

Sept. 27, 2002

14

RESPONSE by plas to motion for scheduling order by dft Terry L Stewart [13-1], motion for hearing date re application preliminary injunction by dft Terry L Stewart [13-2] (DMT) (Entered: 10/02/2002)

Sept. 27, 2002

Sept. 27, 2002

15

NOTICE by plas of unopposed motion for preliminary injunction (LAD) (Entered: 10/22/2002)

Oct. 18, 2002

Oct. 18, 2002

16

RESPONSE by dft Terry L Stewart to motion for preliminary injunction against dft Stewart, his agents, servants, employees, attorneys and all others in active concert or participation with him from enforcing AZ House Bill 2376 pending a final determination of the constitutionality of that statute by the Court) by plas [12-1] (LAD) (Entered: 10/22/2002)

Oct. 18, 2002

Oct. 18, 2002

17

REPLY by plas to response to motion for preliminary injunction against dft Stewart, his agents, servants, employees, attorneys and all others in active concert or participation with him from enforcing AZ House Bill 2376 pending a final determination of the constitutionality of that statute by the Court) by plas [12-1] (DMT) (Entered: 11/05/2002)

Oct. 31, 2002

Oct. 31, 2002

18

MOTION to consolidate trial of action with hrg on application for preliminary injunction by dft [18-1] (DMT) (Entered: 11/07/2002)

Nov. 5, 2002

Nov. 5, 2002

19

RESPONSE by plas to motion to consolidate trial of action with hrg on application for preliminary injunction by dft [18-1] (DMT) (Entered: 11/15/2002)

Nov. 14, 2002

Nov. 14, 2002

20

ORDER by Judge Earl H. Carroll granting motion for scheduling order by dft Terry L Stewart [13-1], granting motion for hearing date re application for preliminary injunction by dft Terry L Stewart [13-2], denying motion to consolidate trial of action with hrg on application for preliminary injunction by dft [18-1] setting motion for preliminary injunction against dft Stewart, his agents, servants, employees, attorneys and all others in active concert or participation with him from enforcing AZ House Bill 2376 pending a final determination of the constitutionality of that statute by the Court) by plas [12-1] at 10:00 12/9/02 (cc: all counsel) (DMT) (Entered: 11/19/2002)

Nov. 19, 2002

Nov. 19, 2002

21

NOTICE OF ASSOCIATION OF COUNSEL for dft Charles L Ryan by Michael L Brodsky, Daniel P Schaack (DMT) (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

22

CASE MGT PLAN/REPORT by plas, dft (DMT) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

23

NOTICE by plas of supplemental authority (DMT) (Entered: 12/04/2002)

Dec. 3, 2002

Dec. 3, 2002

24

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: Candy Potter. Scheduling conference held. Order to issue setting forth case management deadlines and a trial date. Oral argument heard on the motion for preliminary injunction against dft Stewart, his agents, servants, employees, attorneys and all others in active concert or participation with him from enforcing AZ House Bill 2376 pending a final determination of the constitutionality of that statute by the Court) by plas [12-1]. IT IS ORDERED taking the matter under advisement on 12/9/02. [24-2] (BAH) (Entered: 12/09/2002)

Dec. 9, 2002

Dec. 9, 2002

25

ORDER by Judge Earl H. Carroll granting motion for preliminary injunction. Dft Stewart, his agents, servants, employees, attorneys and all others in active concert or participation with him from are enjoined from enforcing AZ House Bill 2376 pending a final determination of the constitutionality of that statute by the Court) by plas [12-1] (cc: all counsel) (DMT) (Entered: 12/16/2002)

Dec. 16, 2002

Dec. 16, 2002

26

NOTICE of service of discovery by dft Charles L Ryan . (former emp) (Entered: 12/18/2002)

Dec. 17, 2002

Dec. 17, 2002

27

NOTICE of service of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Charles L Ryan (former emp) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

28

ORDER by Judge Earl H. Carroll ; prel scheduling conf set for 4/14/03 (cc: all counsel) (DMT) (Entered: 02/28/2003)

Feb. 28, 2003

Feb. 28, 2003

30

TRANSCRIPT of preliminary injunction argument before Judge Earl H Carroll by Court Reporter: Candy L Potter for the following date(s): 12/9/02 (DMT) (Entered: 03/10/2003)

March 5, 2003

March 5, 2003

31

NOTICE of compliance of second supplemental disclosure statement pursuant to FRCivP 26(a) by dft (DMT) (Entered: 03/13/2003)

March 11, 2003

March 11, 2003

32

Transcript Designation and Ordering Form by dft Charles L Ryan re 12/9/02 oral argument (DMT) (Entered: 03/13/2003)

March 12, 2003

March 12, 2003

33

JOINT STATEMENT of stipulated facts by plas, dft (DMT) (Entered: 03/26/2003)

March 25, 2003

March 25, 2003

34

ADDENDUM to parties joint report and discovery plan by plas, dft [22- 1] (former emp) Modified on 04/11/2003 (Entered: 04/10/2003)

April 7, 2003

April 7, 2003

35

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: Candy Potter. Scheduling conference held. Written order to issue setting forth case management deadlines and a trial date. [35-2] (BAH) (Entered: 04/14/2003)

April 14, 2003

April 14, 2003

36

ORDER by Judge Earl H. Carroll ; dispositive motions (sum jgm) shall be filed by 4/18/03. Responses by 5/2/03 and replies by 5/12/03 (cc: all counsel) (DMT) (Entered: 04/16/2003)

April 16, 2003

April 16, 2003

37

MOTION for summary judgment by dft Charles L Ryan [37-1] (former emp) (Entered: 04/21/2003)

April 18, 2003

April 18, 2003

38

MOTION for summary judgment pursuant to Fed.R.Civ.P. 56, 57, and 65 by plas [38-1] (former emp) (Entered: 04/22/2003)

April 18, 2003

April 18, 2003

39

CERTIFICATE of mailing of a copy of plas motion for summary judgment on 4/18/03 (former emp) (Entered: 04/22/2003)

April 18, 2003

April 18, 2003

40

RESPONSE by dft to motion for summary judgment pursuant to Fed.R.Civ.P. 56, 57, and 65 by plas [38-1] (DMT) (Entered: 05/06/2003)

May 2, 2003

May 2, 2003

41

RESPONSE by plas to motion for summary judgment by dft Charles L Ryan [37-1] (DMT) (Entered: 05/06/2003)

May 2, 2003

May 2, 2003

42

REPLY by dft Charles L Ryan to response to motion for summary judgment by dft Charles L Ryan [37-1] (FMP) (Entered: 05/15/2003)

May 12, 2003

May 12, 2003

43

REPLY by pla Canadian Coalition A, pla Citizens United Alte, pla Stop Prisoner Rape to response to motion for summary judgment pursuant to Fed.R.Civ.P. 56, 57, and 65 by plas [38-1] (FMP) (Entered: 05/15/2003)

May 12, 2003

May 12, 2003

44

ORDER by Judge Earl H. Carroll granting motion for summary judgment pursuant to Fed.R.Civ.P. 56, 57, and 65 by plas [38-1]; dft's employees, agents, servants, attorneys, and all other persons acting in concert or participation with dft are permanently enjoined from, directly, or indirectly, enforcing AZ House Bill 2376, codified as A.R.S. Subsection 31-235(C), (D); 31-242; and 41-1604(A)(9); denying motion for summary judgment by dft Charles L Ryan [37-1] to dismiss case (cc: all counsel) (former emp) Modified on 06/05/2003 (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

45

JUDGMENT: per the Court's order of 5/19/03 granting plas' motion for summary judgment and denying dft's motion for summary judgment, this case is closed [44-2] (cc: all counsel/jgmdrw) (former emp) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

46

BILL OF COSTS submitted by plas (DMT) (Entered: 06/05/2003)

June 2, 2003

June 2, 2003

47

MOTION for attorney's fees and expenses by plas [47-1] (DMT) (Entered: 06/05/2003)

June 2, 2003

June 2, 2003

48

MOTION by plas for publication of order 44-1 [48-1] (DMT) (Entered: 06/25/2003)

June 20, 2003

June 20, 2003

49

TAXATION OF COSTS for plas in the amount of $ 190.00 against dft (cc: all counsel) (DMT) (Entered: 06/25/2003)

June 25, 2003

June 25, 2003

50

ORDER by Judge Earl H. Carroll granting motion by plas for publication of order 44-1 [48-1] (cc: all counsel) (DMT) (Entered: 07/02/2003)

July 2, 2003

July 2, 2003

51

NOTICE OF SETTLEMENT as to the motion for attorney's fees and expenses filed by plas, dft ; possible dism ddl set for 9/15/03 (DMT) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

52

NOTICE by plas, dft of satisfaction of award of costs (DMT) (Entered: 07/30/2003)

July 29, 2003

July 29, 2003

53

MOTION for order for court to show cause by movant Adam McAdams [53-1] (DMT) (Entered: 05/25/2004)

May 24, 2004

May 24, 2004

54

ORDER by Judge Earl H. Carroll denying motion for order for court to show cause by movant Adam McAdams [53-1] as action closed on 5/19/03 (cc: all counsel) (DMT) (Entered: 06/21/2004)

June 21, 2004

June 21, 2004

Case Details

State / Territory: Arizona

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 18, 2002

Closing Date: May 19, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner rights advocacy groups that maintained Internet websites alleging that state statute prohibiting prison inmates from sending mail to or receiving mail from a communication service provider or from having access to the Internet is unconstitutional

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2003 - None

Issues

General:

Mail

Type of Facility:

Government-run