Case: Ashker v. California Department of Corrections

4:97-cv-01109 | U.S. District Court for the Northern District of California

Filed Date: April 1, 1997

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On April 1, 1997, a prisoner housed in the Security Housing Unit at Pelican Bay State Prison in California filed this lawsuit in the United States District Court for the Northern District of California, Oakland Division. The plaintiff sued under 42 U.S.C. § 1983 against the California Department of Corrections (DOC) and prison officials. The plaintiff, at first represented by himself and later by private counsel, asked the court for declaratory and injunctive relief, alleging violations of his …

On April 1, 1997, a prisoner housed in the Security Housing Unit at Pelican Bay State Prison in California filed this lawsuit in the United States District Court for the Northern District of California, Oakland Division. The plaintiff sued under 42 U.S.C. § 1983 against the California Department of Corrections (DOC) and prison officials. The plaintiff, at first represented by himself and later by private counsel, asked the court for declaratory and injunctive relief, alleging violations of his rights under the First and Eighth Amendments, the Americans with Disabilities Act, and the Rehabilitation Act, and asserting state law claims of medical malpractice and negligence. Specifically, the plaintiff contended that the prison's requirement that books received from vendors have "approved vendor labels" violated his First Amendment rights, and that the prison's denial of physical therapy, a handball, an escort with waist-chains and treatment for a protruding bone violated his Eighth Amendment rights.

Previously, it appears that there had been substantial litigation between these parties stemming from an incident in 1990 where a prison guard shot the plaintiff and the defendants subsequently failed to treat his injury, resulting in a disabling condition. After a jury verdict for the plaintiff, on October 18, 1995, the District Court (Judge Claudia A. Wilken) had entered judgment for the plaintiff on state tort claims. On appeal, on April 18, 1997, the Ninth Circuit Court of Appeals (Judge David R. Thompson) affirmed. Ashker v. California Dept. of Corrections, 112 F.3d 392 (9th Cir. 1997). On October 6, 1997, the Supreme Court denied certiorari in that case. Brodeur v. Ashker, 522 U.S. 863 (1997).

In the instant case, on September 30, 1999, the District Court (Judge Wilken) granted in part and denied in part the defendants' summary judgment motion. The Court denied summary judgment respecting the plaintiff's First Amendment book label claim, concluding that there were disputes of material fact as to whether the plaintiff's First Amendment right to receive books was overly burdened by the book label policy.

On December 3, 1999, the District Court (Judge Wilken) granted in part and denied in part the plaintiff's motion for a preliminary injunction. In the injunction, the Court ordered the defendants to provide the plaintiff with a properly fitting arm brace.

The parties then attended a series of court ordered settlement conferences before Magistrate Judge Elizabeth D. Laporte.

On July 26, 2000, the District Court (Judge Wilken) dismissed the plaintiff's outgoing mail claim without prejudice.

On January 18, 2001, the District Court (Judge Wilken) granted in part and denied in part the defendants' renewed summary judgment motion. The Court denied summary judgment on the plaintiff's First Amendment, Eighth Amendment, and state law claims.

On August 21, 2001, the District Court (Judge Wilken) denied the plaintiff's request to hold the defendants in contempt for violating the December 3, 1999, injunction respecting the arm brace.

On September 11, 2002, the District Court (Judge Wilken) granted the plaintiff's motion for summary judgment on the First Amendment claim, and issued a permanent injunction. Ashker v. Cal. Dep't of Corr., 224 F.Supp.2d 1253 (N.D. Cal. 2002). The Court held that the book label requirement was not rationally related to a legitimate penological interest, and permanently enjoined the defendants from enforcing the label requirement at Pelican Bay State Prison. The defendants appealed.

On November 18, 2003, the Ninth Circuit Court of Appeals (Judge A. Wallace Tashima) affirmed the District Court's decision. The Court held that the book label policy was not rationally related to the need to prevent contraband, and that the injunction was not overly intrusive and was closely tied to the identified violation. Ashker v. Cal. Dep't of Corr., 350 F.3d 917 (9th Cir. 2003).

Apparently there was a settlement agreement with respect to the other claims, over which the District Court was to retain jurisdiction. According to the docket, proceedings continued through March 2005, regarding enforcement of the settlement agreement.

On April 20, 2007, the court related this case with Prison Legal News v. Schwarzenegger, 4:07-cv-02058.

Note that this case has the same plaintiff's name (and the same plaintiff) as Ashker v. Brown. But that case started years later, and is about solitary confinement.

Summary Authors

Josh Altman (6/28/2006)

Jessica Kincaid (4/9/2016)

Related Cases

Prison Legal News v. Schwarzenegger, Northern District of California (2007)

Ashker v. Brown, Northern District of California (2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11458797/parties/ashker-v-ca-dept-of-corr/

Judge(s)

Laporte, Elizabeth D. (California)

Attorney for Plaintiff

Franck, Herman A.D. V (California)

Gargaro, Stephen T. (California)

Attorney for Defendant

Jorgenson, Michael W. (California)

Lee, Susan Duncan (California)

Documents in the Clearinghouse

4:97-cv-01109

Docket (PACER)

Ashker v. California DOC

Oct. 19, 2004

Oct. 19, 2004

Docket

96-15135

Opinion

U.S. Court of Appeals for the Ninth Circuit

April 18, 1997

April 18, 1997

Order/Opinion

112 F.3d 392

97-00110

Denial of Certiorari

Brodeur v. Ashker

Supreme Court of the United States

Oct. 6, 1997

Oct. 6, 1997

Order/Opinion

522 U.S. 863

216

4:97-cv-01109

Order Granting Plaintiff's motion for summary judgment and Permanent Injunction

Ashker v. California DOC

Sept. 11, 2002

Sept. 11, 2002

Order/Opinion

224 F.Supp.2d 1253

02-17077

Opinion

Ashker v. California DOC

U.S. Court of Appeals for the Ninth Circuit

Nov. 18, 2003

Nov. 18, 2003

Order/Opinion

350 F.3d 917

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11458797/ashker-v-ca-dept-of-corr/

Last updated July 9, 2026, 5:34 a.m.

ECF Number Date Description Link
1 April 1, 1997

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Todd Lewis Ashker for leave to proceed in forma pauperis [4:97-cv-01109] (cp, COURT STAFF) (Entered: 04/03/1997)

RECAP
2 April 1, 1997

LETTER from deputy clerk re: complaint was not accompanied by either the filing fee of $150.00 or prisoner's in forma pauperis application [4:97-cv-01109] (cp, COURT STAFF) (Entered: 04/03/1997)

RECAP
5 April 8, 1997

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Todd Lewis Ashker for leave to proceed in forma pauperis [4:97-cv-01109] (cp, COURT STAFF) (Entered: 06/26/1997)

RECAP
3 June 24, 1997

ORDER by Judge Claudia Wilken granting affidavit motion for leave to proceed in forma pauperis [1-1]; total filing fee due is $150.00 with initial partial filing fee due of $13.49 ( Date Entered: 6/25/97) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 06/25/1997)

RECAP
4 June 24, 1997

ORDER by Judge Claudia Wilken: service upon defendants CDC, Gomez, Cambra; defendants to file motion for summary judgment or dispositive motion no later than 60 days from the date their answer is due; opposition to the motion is due no later than 30 days after the date the motion is filed; reply is due no later than 30 days after the opposition is filed (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 06/25/1997)

RECAP
7 July 9, 1997

LETTER dated 7/3/97 from Cheryl Bolles re: return of waiver of service of summons of Lt. Roussopoulos as he is no longer with Pelican Bay State Prison [4:97-cv-01109] (cp, COURT STAFF) (Entered: 07/16/1997)

RECAP
6 July 11, 1997

MOTION before Judge Claudia Wilken by Plaintiff Todd Lewis Ashker for protective order [4:97-cv-01109] (cp, COURT STAFF) (Entered: 07/14/1997)

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8 July 18, 1997

MOTION before Judge Claudia Wilken by Plaintiff Todd Lewis Ashker to supplement the pleadings [4:97-cv-01109] (cp, COURT STAFF) (Entered: 07/21/1997)

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9 July 23, 1997

WAIVER OF SERVICE by defendant M.E. Roussopoulos served on 7/21/97 in response to the Request for Waiver sent on 7/15/97 [4:97-cv-01109] (cp, COURT STAFF) (Entered: 07/25/1997)

RECAP
10 July 28, 1997

EX-PARTE APPLICATION before Judge Claudia Wilken by defendants to extend time to file responsive pleading [4:97-cv-01109] (cp, COURT STAFF) (Entered: 07/29/1997)

RECAP
11 July 28, 1997

DECLARATION by James M. Humes on behalf of defendants re motion to extend time to file responsive pleading [10-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 07/29/1997)

RECAP
12 Aug. 8, 1997

RESPONSE by Plaintiff Todd Lewis Ashker re order [4-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 08/11/1997)

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13 Aug. 13, 1997

ORDER by Mag. Judge Wayne D. Brazil granting motion to extend time to file responsive pleading [10-1] on or before 9/15/97 ( Date Entered: 8/13/97) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 08/13/1997)

RECAP
14 Sept. 2, 1997

MOTION before Judge Claudia Wilken by Plaintiff for law library access, legal assistance, legal phone calls [4:97-cv-01109] (kc, COURT STAFF) (Entered: 09/02/1997)

RECAP
Sept. 2, 1997

MOTION before Judge Claudia Wilken by Plaintiff for law library access, legal assistance, legal phone calls [4:97-cv-01109] (kc, COURT STAFF)

15 Sept. 17, 1997

ANSWER by defendant to complaint [1-1]; jury demand [4:97-cv-01109] (kk, COURT STAFF) (Entered: 09/17/1997)

RECAP
16 Oct. 1, 1997

EX-PARTE APPLICATION by defendants to extend time in which to file motion for summary judgment to and including 10/14/97 [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/02/1997)

RECAP
17 Oct. 1, 1997

DECLARATION by Susan Duncan Lee on behalf of defendants re motion to extend time in which to file motion for summary judgment to and including 10/14/97 [16-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/02/1997)

RECAP
18 Oct. 2, 1997

ORDER by Judge Claudia Wilken granting motion to extend time in which to file motion for summary judgment to and including 10/14/97 [16-1] ( Date Entered: 10/8/97) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/08/1997)

RECAP
19 Oct. 6, 1997

ORDER by Judge Claudia Wilken denying motion for law library access, legal assistance, legal phone calls [14-1], denying motion to supplement the pleadings [8-1], granting motion for protective order [6-1] ( Date Entered: 10/9/97) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/09/1997)

RECAP
20 Oct. 9, 1997

ORDER by Judge Claudia Wilken granting in part motion to supplement the pleadings and ordering service; defendants to answer complaint and no later than sixty days from the date their anser is due, defendants to file motion for summary judgment or other dispositive motion; plaintiff's opposition to the dispositive motion is due no later thatn thirty days after defendant's motions is filed; reply is due no later than thirty days after the date opposition is filed ( Date Entered: 10/14/97) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/14/1997)

RECAP
21 Oct. 9, 1997

SUPPLEMENTAL PLEADINGS by Plaintiff Todd Lewis Ashker [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/14/1997)

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22 Oct. 9, 1997

ORDER by Judge Claudia Wilken granting in part request to amend complaint and ordering service ( Date Entered: 10/14/97) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) Modified on 11/06/1997 (Entered: 10/14/1997)

RECAP
23 Oct. 14, 1997

STATEMENT of positition by defendants re: motion for summary judgment on original complaint [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/15/1997)

RECAP
24 Oct. 20, 1997

REQUEST by Plaintiff Todd Lewis Ashker for reconsideration of court's order denying motions dated 10/6/97 [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/23/1997)

RECAP
25 Oct. 31, 1997

REQUEST by Plaintiff Todd Lewis Ashker for correction of order filed 10/9/97 and objection to the defendants' failre to meet a deadline [4:97-cv-01109] (cp, COURT STAFF) (Entered: 11/03/1997)

RECAP
26 Nov. 5, 1997

ORDER by Judge Claudia Wilken clarifying prior ruling and granting partial request for reconsideration [24-1] ( Date Entered: 11/6/97) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 11/06/1997)

RECAP
27 Nov. 6, 1997

LETTER dated 10/16/97 from Cheryl Bolles, Litigation Coordinator re: returned of documents served upon defendants, Grinstead, Billington, Thayer and C. Davis as unable to accept service [4:97-cv-01109] (cp, COURT STAFF) (Entered: 11/07/1997)

RECAP
28 Nov. 12, 1997

ORDER by Judge Claudia Wilken re: scheduling and order of service upon B. Patton; granting motion to substitute B. Patton for defendant Davis; defendant to file a motion for summary judgment on or before 2/19/98; plaintiff's opposition to the motion is due within 30 days of the date upon receipt of the motion for summary judgment; reply is due within 30 days after opposition is filed ( Date Entered: 11/12/97) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 11/12/1997)

RECAP
29 Dec. 15, 1997

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES by defendants for summary judgment [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
30 Dec. 15, 1997

DECLARATION by S. Steinberg, M.D. on behalf of defendant re motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
31 Dec. 15, 1997

DECLARATION by D.W. Winslow, M.D. on behalf of defendants re motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
32 Dec. 15, 1997

DECLARATION by P. Rosenthal on behalf of defendant re motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
33 Dec. 15, 1997

DECLARATION by K. Butcher on behalf of defendants re motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
34 Dec. 15, 1997

DECLARATION by H. Lutz on behalf of defendants re motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
35 Dec. 15, 1997

DECLARATION by H. Watkins on behalf of defendants re motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
36 Dec. 15, 1997

DECLARATION by D. Skerik on behalf of defendant re motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
37 Dec. 15, 1997

DECLARATION by J.G. Reynoso on behalf of defendant re motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
38 Dec. 15, 1997

DECLARATION by B.J. O'Neill on behalf of defendant re motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/18/1997)

RECAP
39 Jan. 27, 1998

NOTICE by Plaintiff Todd Lewis Ashker that opposition to summary judgment will be delayed [4:97-cv-01109] (cp, COURT STAFF) (Entered: 01/28/1998)

RECAP
40 Feb. 10, 1998

NOTICE by defendants that plaintiff's opposition to summary judgment will be delayed [4:97-cv-01109] (cp, COURT STAFF) (Entered: 02/11/1998)

RECAP
41 Feb. 10, 1998

DECLARATION by Adelina O. Berumen on behalf of defendant re notice [40-1], re response [40-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 02/11/1998)

RECAP
42 Feb. 10, 1998

DECLARATION by D.R. Beard on behalf of defendant re notice [40-1], re response [40-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 02/11/1998)

RECAP
43 Feb. 23, 1998

ANSWER by defendant B. Patton to complaint [1-1]; jury demand [4:97-cv-01109] (kc, COURT STAFF) (Entered: 02/23/1998)

RECAP
44 Feb. 23, 1998

REPLY by Plaintiff re response to request for sanctions [40-1] [4:97-cv-01109] (kc, COURT STAFF) (Entered: 02/23/1998)

RECAP
45 March 12, 1998

ORDER by Judge Claudia Wilken denying motion for sanctions [39-1] extending time for plaintiff to file his opposition to motion for summary judgment by 5/29/98; granting plaintiff preferred legal user status ( Date Entered: 3/19/98) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 03/19/1998)

RECAP
46 March 18, 1998

NOTICE by Plaintiff of deft's B. Grinsted and M. Billington's failure to file an answer, or any type of dispositive motion [4:97-cv-01109] (kc, COURT STAFF) (Entered: 03/19/1998)

RECAP
47 March 19, 1998

OPPOSITION by Plaintiff Todd Lewis Ashker to motion for summary judgment [29-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 03/24/1998)

RECAP
48 March 25, 1998

LETTER dated 3/24/98 from James M. Humes re: named defendants M. Billington and B. Grinsted are not employed with the CA Dept. of Corrections [4:97-cv-01109] (cp, COURT STAFF) (Entered: 03/31/1998)

RECAP
49 March 26, 1998

MOTION before Judge Claudia Wilken by Plaintiff Todd Lewis Ashker to supplement opposition to motion for summary judgment [4:97-cv-01109] (cp, COURT STAFF) (Entered: 03/31/1998)

RECAP
50 March 26, 1998

RESPONSE by defendant re court's 3/12/98 order [45-2] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 03/31/1998)

RECAP
51 April 27, 1998

Civil Filing Fee Payment Record: filed 4/27/98 in the amount of $ 150.00 on behalf of Plaintiff Todd Lewis Ashker . Fee status: pd . (cp, COURT STAFF) (Entered: 05/05/1998)

RECAP
52 May 13, 1998

ATTORNEY SUBSTITUTION: terminating attorney Todd Lewis Ashker for Todd Lewis Ashker as counsel for Plaintiff Todd Lewis Ashker and substituting attorney Herman A.D. Franck V, Stephen T. Gargaro [4:97-cv-01109] (cp, COURT STAFF) (Entered: 05/15/1998)

RECAP
53 May 18, 1998

NOTICE by Plaintiff Todd Lewis Ashker of order re: substitution of attorneys [4:97-cv-01109] (cp, COURT STAFF) (Entered: 05/18/1998)

RECAP
54 May 26, 1998

ORDER by Judge Claudia Wilken GRANTING motion to supplement opposition to motion for summary judgment [49-1] and ordering plaintiff to serve defendants; defts. shall have until 6/29/98 to file a reply to opposition and supplemental opposition; plaintiff shall have 30 days from the date of this order to serve defts. M. Billington and B. Grinstead; (Date Entered: 5/27/98) (cc: all counsel) [4:97-cv-01109] (kc, COURT STAFF) (Entered: 05/27/1998)

RECAP
June 18, 1998

SUMMONS issued as to defendants M. Billington, B. Grinstead [4:97-cv-01109] (cp, COURT STAFF)

55 June 24, 1998

EX-PARTE APPLICATION before Judge Claudia Wilken by Plaintiff Todd Lewis Ashker to extend time for 60 days to serve defendants M. Billington and B. Grinstead [4:97-cv-01109] (cp, COURT STAFF) Modified on 06/25/1998 (Entered: 06/25/1998)

RECAP
56 June 24, 1998

DECLARATION by Stephen Gargaro on behalf of Plaintiff Todd Lewis Ashker re motion to extend time for 60 days to serve defendants M. Billington and B. Grinstead [55-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 06/25/1998)

RECAP
57 June 25, 1998

SUPPLEMENT by Plaintiff Todd Lewis Ashker re motion to extend time for 60 days to serve defendants M. Billington and B. Grinstead [55-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 06/25/1998)

RECAP
58 July 10, 1998

ORDER by Judge Claudia Wilken granting motion to extend time for 60 days to serve defendants M. Billington and B. Grinstead [55-1] ( Date Entered: 7/14/98) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 07/14/1998)

RECAP
59 July 16, 1998

NOTICE by Plaintiff Todd Lewis Ashker of order granting ex parte application for extension of time to serve defendants M. Billington & B. Grinstead [4:97-cv-01109] (cp, COURT STAFF) (Entered: 07/16/1998)

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60 Sept. 15, 1998

ANSWER by defendant B. Grinstead to complaint [1-1]; jury demand [4:97-cv-01109] (cp, COURT STAFF) (Entered: 09/16/1998)

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61 Sept. 29, 1998

RETURN OF SERVICE executed upon defendant B. Grinstead on 9/7/98 [4:97-cv-01109] (cp, COURT STAFF) (Entered: 09/30/1998)

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62 Nov. 10, 1998

RETURN OF SERVICE executed upon defendant M. Billington on 9/4/98 [4:97-cv-01109] (cp, COURT STAFF) (Entered: 11/12/1998)

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63 Dec. 4, 1998

NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by Plaintiff Todd Lewis Ashker for preliminary injunction with Notice set for 1/29/99 at 10:00am [4:97-cv-01109] (kk, COURT STAFF) (Entered: 12/09/1998)

RECAP
64 Dec. 4, 1998

MEMORANDUM by Plaintiff Todd Lewis Ashker in support of motion for preliminary injunction [63-1] [4:97-cv-01109] (kk, COURT STAFF) (Entered: 12/09/1998)

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65 Dec. 4, 1998

AFFIDAVIT of Todd Lewis Ashker regarding motion for preliminary injunction [63-1] [4:97-cv-01109] (kk, COURT STAFF) (Entered: 12/09/1998)

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66 Dec. 4, 1998

DECLARATION by Herman Franck on behalf of Plaintiff Todd Lewis Ashker re motion for preliminary injunction [63-1] [4:97-cv-01109] (kk, COURT STAFF) (Entered: 12/09/1998)

RECAP
67 Jan. 8, 1999

MOTION before Judge Claudia Wilken by defendants for ruling on motion for summary judgment with Notice set for 1/29/99 at 10:00am [4:97-cv-01109] (cp, COURT STAFF) (Entered: 01/11/1999)

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68 Jan. 21, 1999

NOTICE by Plaintiff Todd Lewis Ashker withdrawing motion for preliminary injunction [63-1] without prejudice [4:97-cv-01109] (cp, COURT STAFF) (Entered: 01/22/1999)

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69 April 14, 1999

ANSWER by defendant M. Billington to supplemental pleadings and to complaint [1-1]; jury demand [4:97-cv-01109] (cp, COURT STAFF) (Entered: 04/16/1999)

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70 May 11, 1999

NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by Plaintiff Todd Lewis Ashker for preliminary injunction with Notice set for 6/18/99 at 10:00am [4:97-cv-01109] (cp, COURT STAFF) (Entered: 05/12/1999)

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71 May 11, 1999

MEMORANDUM by Plaintiff Todd Lewis Ashker in support of motion for preliminary injunction [70-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 05/12/1999)

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72 May 11, 1999

DECLARATION by Herman Franck on behalf of Plaintiff Todd Lewis Ashker re motion for preliminary injunction [70-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 05/12/1999)

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73 May 11, 1999

DECLARATION by Todd Ashker on behalf of Plaintiff re motion for preliminary injunction [70-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 05/12/1999)

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74 May 11, 1999

DECLARATION by Corey Weinstein, M.D. on behalf of Plaintiff re motion for preliminary injunction [70-1], re opposition [47-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 05/12/1999)

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May 11, 1999

RECEIVED Proposed Order ( Plaintiff) re: motion for preliminary injunction [70-1] [4:97-cv-01109] (cp, COURT STAFF)

75 May 21, 1999

AMENDED notice of motion and MOTION before Judge Claudia Wilken by Plaintiff for preliminary injunction with Notice set for 6/18/99 at 10:00 [4:97-cv-01109] (kc, COURT STAFF) (Entered: 05/25/1999)

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76 May 28, 1999

MOTION before Judge Claudia Wilken by defendants CA Dept of Corr, et al for ruling on motion for summary judgment with Notice set for 6/18/99 at 10:00am [4:97-cv-01109] (cp, COURT STAFF) (Entered: 06/02/1999)

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77 June 4, 1999

REPLY by Plaintiff Todd Lewis Ashker to opposition to motion for preliminary injunction [75-1], motion for summary judgment [29-1], and in support of plaintiff's cross-motion for summary judgment [4:97-cv-01109] (cp, COURT STAFF) (Entered: 06/08/1999)

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78 July 30, 1999

NOTICE by Plaintiff Todd Lewis Ashker of change of law firm and address [4:97-cv-01109] (cp, COURT STAFF) (Entered: 07/30/1999)

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79 Sept. 30, 1999

ORDER by Judge Claudia Wilken granting in part and denying in part motion for summary judgment [29-1], granting motion for ruling on motion for summary judgment [67-1], granting motion for ruling on motion for summary judgment [76-1] ( Date Entered: 9/30/99) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 09/30/1999)

RECAP
Sept. 30, 1999

Docket Modification (Administrative) to order [79-1] dismissing party G. Bonnie Garibay, S. Bonaccorso, M. Jensen, M.E. Roussopoulos, S. Lawrence, H. Watkins, M. Johnston, R. L. Lucas, G. M. Ater [4:97-cv-01109] (cp, COURT STAFF)

80 Oct. 4, 1999

CLERK'S NOTICE case management conference set for 1:30pm on 11/5/99; joint case management statement due 10 days prior to the conference [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/04/1999)

RECAP
Oct. 20, 1999

Docket Modification (Administrative) to withdrawing attorney Susan Duncan Lee for CA Dept of Corr, James Gomez, S. Cambra, A. Lopez, S. Steinberg, Winslow, Astorga, C. Gollihar, S. Ricci, K. Butcher, B. Patton, B. Grinstead and substituting attorney Scott C. Mather [4:97-cv-01109] (kc, COURT STAFF)

81 Oct. 22, 1999

EX-PARTE APPLICATION before Judge Claudia Wilken by defendants CA Dept of Corr, et al to continue case management conference until 12/3/99 [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/25/1999)

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82 Oct. 22, 1999

DECLARATION by Scott C. Mather on behalf of defendants re motion to continue case management conference until 12/3/99 [81-1] [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/25/1999)

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83 Oct. 25, 1999

ORDER by Judge Claudia Wilken GRANTING motion to continue case management conference until 12/3/99 [81-1] case management conference continued to 12/3/99 at 1:30; (Date Entered: 10/27/99) (cc: all counsel) [4:97-cv-01109] (kc, COURT STAFF) (Entered: 10/27/1999)

RECAP
84 Oct. 25, 1999

EX-PARTE APPLICATION before Judge Claudia Wilken by Plaintiff for leave to file a motion for reconsideration re: Court's 9/30/99 order granting in part motion for summary judgment [4:97-cv-01109] (kc, COURT STAFF) (Entered: 10/27/1999)

RECAP
85 Oct. 27, 1999

NOTICE by defendants of reassignment of counsel [4:97-cv-01109] (cp, COURT STAFF) (Entered: 10/29/1999)

RECAP
86 Dec. 1, 1999

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/03/1999)

RECAP
87 Dec. 3, 1999

ORDER by Judge Claudia Wilken denying motion for leave to file a motion for reconsideration re: Court's 9/30/99 order granting in part motion for summary judgment [84-1] ( Date Entered: 12/6/99) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/06/1999)

RECAP
88 Dec. 3, 1999

ORDER by Judge Claudia Wilken granting in part and denying in part motion for preliminary injunction [75-1] and order further briefing; plaintiff to post a minimal bond of $100.00 ( Date Entered: 12/6/99) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/06/1999)

RECAP
89 Dec. 3, 1999

ORDER by Judge Claudia Wilken for preliminary injunction; that defendants Dr. Steinberg, Dr. Winslow, Gollihar and Ricci to provide plaintiff with a properly fitting arm brace within 30 days from the date of this order ( Date Entered: 12/6/99) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/06/1999)

RECAP
90 Dec. 6, 1999

CASE MANAGEMENT ORDER by Judge Claudia Wilken ADR session to be held by 7/31/00; fact discovery cutoff 4/3/00 ; disclosure of identities and reports of expert witnesses by 3/3/00; expert discovery by 4/3/00; All case-dispositive motions hearing date 10:00 6/9/00 ; Pre-trial conference will be held 1:30 9/5/00 ; Jury Trial set for 8:30 9/11/00 ; . Est.trial days: 4 (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/07/1999)

RECAP
Dec. 13, 1999

REFERRAL: referring case for settlement to Mag. Judge Elizabeth D. Laporte [4:97-cv-01109] (wh, COURT STAFF)

91 Dec. 14, 1999

Notice of settlement conference and settlement conference ORDER by Mag. Judge Elizabeth D. Laporte Settlement conf. (Mag) at 2:00pm on 3/2/00 ; ( Date Entered: 12/17/99) (cc: all counsel) [4:97-cv-01109] (cp, COURT STAFF) (Entered: 12/17/1999)

RECAP
Jan. 13, 2000

BOND for plaintiff Todd Ashker in amount of $ 100.00 filed by Plaintiff Todd Lewis Ashker [4:97-cv-01109] (cp, COURT STAFF)

92 Jan. 19, 2000

NOTICE by Plaintiff of posting [0-1] bond re: preliminary injunction [4:97-cv-01109] (cp, COURT STAFF) (Entered: 01/21/2000)

RECAP
93 Jan. 25, 2000

JOINT STIPULATION as to rescheduling of settlement conference [4:97-cv-01109] (cp, COURT STAFF) (Entered: 01/26/2000)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 1, 1997

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prisoner challenging prison requirement that books received from vendors have special shipping labels attached as violative of his First Amendment rights.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

California Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Freedom of speech/association

Other Dockets:

Northern District of California 4:97-cv-01109

U.S. Court of Appeals for the Ninth Circuit 02-17077

U.S. Court of Appeals for the Ninth Circuit 96-15135

Supreme Court of the United States 97-110

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Order Duration: 1997 - 2004

Issues

General/Misc.:

Mail

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Restraints (physical)

Medical/Mental Health Care:

Medical care, general

Recommended Citation