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

Docket (PACER)

June 21, 2004 Docket
44

Order

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

May 19, 2003 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

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

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
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
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
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
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
7

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

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
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

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
10

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

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
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
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
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
15

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

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
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
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
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
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
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
22

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

Dec. 2, 2002
23

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

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
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
26

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

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
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
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
31

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

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
33

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

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
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
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
37

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

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
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
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
41

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

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
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
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
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
46

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

June 2, 2003
47

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

June 2, 2003
48

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

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
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
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
52

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

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
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

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