Case: Washington v. Reno

5:93-cv-00217 | U.S. District Court for the Eastern District of Kentucky

Filed Date: June 2, 1993

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On June 2, 1993, federal prison inmates filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Kentucky, challenging the Federal Bureau of Prisons' replacement of the collect call system with a direct dial system. Almost immediately thereafter, the case was consolidated with a similar claim, Robinson v. Hambrick, filed on July 9, 1993. The District Court (Judge Henry R. Wilhoit, Jr.) issued a preliminary injunction on October 13, 1993, blocking the install…

On June 2, 1993, federal prison inmates filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Kentucky, challenging the Federal Bureau of Prisons' replacement of the collect call system with a direct dial system. Almost immediately thereafter, the case was consolidated with a similar claim, Robinson v. Hambrick, filed on July 9, 1993. The District Court (Judge Henry R. Wilhoit, Jr.) issued a preliminary injunction on October 13, 1993, blocking the installation of the new system nationwide. On November 18, 1993 the court certified a plaintiff class of "all federally incarcerated inmates serving their period of incarceration in a federal penal or medical institution."

The United States appealed the preliminary injunction. The U.S. Court of Appeals for the Sixth Circuit (Judge Martha Daughtrey) modified in part, dissolved in part, and remanded, holding that the new call system did not violate the inmates' First Amendment rights. Washington v. Reno, 35 F.3d 1093 (6th Cir. 1994). The court agreed, however, with more minor aspects of the ruling, holding that the District Court did not abuse its discretion in issuing a preliminary injunction against prison officials from using a prison commissary fund to fund the system's replacement. Additionally, the 6th Circuit held that a nationwide injunction was not overly broad.

In August 1995, the parties entered into a settlement agreement that included a stipulation of dismissal. This was approved and entered by the court on November 3, 1995. The agreement provided among other things, for the procurement of a new telephone system at all federal prisons that would allow all inmates access to collect calling. The agreement detailed various procedures related to inmate phone access and use, but made clear that the federal bureau of prisons retained discretion to set phone use policy. The agreement also covered procedures for rates, inmate disputes, telephone lists, payments and credits, and other such details. It also provided for ongoing regulation of the Bureau of Prisons' phone service. The docket's last entry is a destruction of exhibits on January 31, 2003.

Summary Authors

David Terry (3/27/2006)

People


Judge(s)

Batchelder, Alice Moore (Ohio)

Daughtrey, Martha Craig (Tennessee)

Patterson, Peggy E. (Kentucky)

Suhrheinrich, Richard Fred (Michigan)

Wilhoit, Henry Rupert Jr. (Kentucky)

Attorneys(s) for Plaintiff

Humphreys, Gene L. (Kentucky)

McSwain, Douglas L. (Kentucky)

Sturgill, Ann D. (Kentucky)

Attorneys(s) for Defendant

Azar, Henry A. Jr. (District of Columbia)

Bunning, David L. (Kentucky)

Judge(s)

Batchelder, Alice Moore (Ohio)

Daughtrey, Martha Craig (Tennessee)

Patterson, Peggy E. (Kentucky)

Suhrheinrich, Richard Fred (Michigan)

Wilhoit, Henry Rupert Jr. (Kentucky)

Attorneys(s) for Plaintiff

Humphreys, Gene L. (Kentucky)

McSwain, Douglas L. (Kentucky)

Sturgill, Ann D. (Kentucky)

Attorneys(s) for Defendant

Azar, Henry A. Jr. (District of Columbia)

Bunning, David L. (Kentucky)

Clair, Jeffrey (District of Columbia)

Daly, John F. (District of Columbia)

Garvey, Vincent M. (District of Columbia)

Gomez, Raphael O. (District of Columbia)

Herwig, Barbara L. (District of Columbia)

Moriarty, Kathleen E. (District of Columbia)

Documents in the Clearinghouse

Document

5:93-cv-00217

Docket (PACER)

July 29, 1993

July 29, 1993

Docket

5:93-cv-00290

Docket

Robinson v. Hambrick

Jan. 31, 2003

Jan. 31, 2003

Docket

93-06414

Reported Opinion

U. S. Court of Appeals for the Sixth Circuit

35 F.3d 1093

Nov. 3, 1994

Nov. 3, 1994

Order/Opinion
341

5:93-cv-00217

5:93-cv-00290

Joint Motion for Approval of the Proposed Settlement Agreement

Aug. 2, 1995

Aug. 2, 1995

Pleading / Motion / Brief
343

5:93-cv-00217

5:93-cv-00290

Order Providing Notice to the Class of the Proposed Settlement Agreement

Aug. 4, 1995

Aug. 4, 1995

Order/Opinion
344

5:93-cv-00217

5:93-cv-00290

Notice of Proposed Settlement and Fairness Hearing

Aug. 4, 1995

Aug. 4, 1995

Settlement Agreement
343

5:93-cv-00217

5:93-cv-00290

Memorandum

Aug. 4, 1995

Aug. 4, 1995

Pleading / Motion / Brief
442

5:93-cv-00217

5:93-cv-00290

Memorandum Order

1995 U.S.Dist.LEXIS 22245

Oct. 11, 1995

Oct. 11, 1995

Order/Opinion

5:93-cv-00217

5:93-cv-00290

Settlement Agreement

Nov. 3, 1995

Nov. 3, 1995

Settlement Agreement
498

5:93-cv-00217

5:93-cv-00290

Memorandum Opinion and Order

1996 U.S.Dist.LEXIS 22622

Jan. 4, 1996

Jan. 4, 1996

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 0 Summons(es) issued) with copy (referred to Mag Judge J. G. Wehrman ) (SKV) (Entered: 06/02/1993)

June 2, 1993

June 2, 1993

1

MOTION by plaintiff Conchita Washington, plaintiff Sunday Torres for preliminary injunction , and/or for temporary restraining order to prevent implementation of new non-collect telephone calling, telephone system (SKV) (Entered: 06/02/1993)

June 2, 1993

June 2, 1993

COMMENT: RF/636B (SKV) (Entered: 08/25/1993)

June 2, 1993

June 2, 1993

2

MOTION by plaintiff Conchita Washington, plaintiff Sunday Torres for preliminary injunction protecting plaintiffs from harassment, unnecessary restrictions, deprivations beyond those currently imposed at time of filing of the complaint herein. (SKV) (Entered: 06/03/1993)

June 3, 1993

June 3, 1993

3

MOTION by plaintiff Conchita Washington, plaintiff Sunday Torres for order to dfts to allow plaintiffs to post copies of complaint and related documentation on the inmate bulletin boards in the institution (SKV) (Entered: 06/03/1993)

June 3, 1993

June 3, 1993

4

MOTION by plaintiff Conchita Washington, plaintiff Sunday Torres for immediate hearing on motion for preliminary injunction and motion for injunctive relief for class pending resolution of complaint (SKV) (Entered: 06/03/1993)

June 3, 1993

June 3, 1993

5

ORDER by Mag Judge J. G. Wehrman 1) action may temporarily proceed and any ruling regarding filing fee is delayed for 20 days; 2) Clerk directed to forward applications to proceed in forma pauperis to Conchita Washington and Sunday Torres; Clerk directed to mark application w/ case number; 3) plas. granted 20 days to file applications or action should be dismissed (cc: all counsel) (SKV) (Entered: 06/07/1993)

June 7, 1993

June 7, 1993

6

ORDER by Mag Judge J. G. Wehrman, 1) dfts are Janet Reno, Kathleen Hawk and Margaret C. Hambrick; 2) summons issue for dfts; 3) dfts respond w/in 20 days to plas' motions for preliminary injunction and/or temporary restraining order and plas' motion for order directing dfts to allow plas to post copies of complaint and related documentation on inmate bulletin boards; 4) plas shall serve upon dfts or counsel copies of every further document submitted for consideration by Court w/ certificate of service or paper will be disregarded; 5) plas shall keep Clerk informed of current mailing address or case may be dismissed (cc: all counsel) (SKV) (Entered: 06/07/1993)

June 7, 1993

June 7, 1993

7

RESPONSE by defendant Janet Reno, defendant Katheleen Hawk, defendant Margaret C. Hambrick to motion for preliminary injunction [1- 1], to motion for temporary restraining order to prevent implementation of new non-collect telephone calling, telephone system [1-2] (SKV) (Entered: 07/01/1993)

June 28, 1993

June 28, 1993

9

MOTION by defendant Janet Reno, defendant Katheleen Hawk, defendant Margaret C. Hambrick to consolidate cases 93-217 and 93-290 (SKV) (Entered: 07/14/1993)

July 12, 1993

July 12, 1993

10

RETURN OF SERVICE executed upon defendant Janet Reno on 6/21/93 by certified mail (SKV) (Entered: 07/14/1993)

July 13, 1993

July 13, 1993

12

MOTION by defendant Janet Reno, defendant Katheleen Hawk, defendant Margaret C. Hambrick to set aside order staying implementation if ITS telephone service [8-1] , and for hearing (SKV) (Entered: 07/14/1993)

July 13, 1993

July 13, 1993

13

MOTION by plaintiff Conchita Washington, plaintiff Sunday Torres to amend motion for preliminary injunction and/or temporary restraining order to prevent implementation of new non-collect telephone calling, telephone system to Motion for permanent injunctive relief (SKV) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

14

REPLY by plaintiff Conchita Washington, plaintiff Sunday Torres to response to motion for preliminary injunction preventing implementation of non-collect telephone calling system [1-1] (SKV) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

15

MOTION by plaintiff Conchita Washington, plaintiff Sunday Torres to amend prisoner class action complaint (SKV) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

16

MOTION by plaintiff Conchita Washington, plaintiff Sunday Torres for appointment of legal counsel (SKV) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

17

ORDER by Mag Judge J. G. Wehrman 1) Clerk FILE as of this date pleading from June 9 mailing styled "A Prisoner Class Action Complaint" and docket pltfs first amended complaint; 2) First Amended Complaint be submitted to pro se law clerk for analysis; 3) Clerk FILE application to proceed in forma pauperis by Conchita Washington; 4) Clerk FILE application to proceed in forma pauperis of Sunday Torres. (cc: all counsel) (SKV) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

18

AMENDED COMPLAINT [1-1] in a Prisoner Class Action by plaintiff Conchita Washington, plaintiff Sunday Torres (SKV) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

19

MOTION by plaintiff Sunday Torres to proceed in forma pauperis (SKV) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

20

MOTION by plaintiff Conchita Washington to proceed in forma pauperis (SKV) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

21

REPORT AND RECOMMENDATION concerning motion to proceed in forma pauperis [20-1], motion to proceed in forma pauperis [19-1] by Mag Judge J. G. Wehrman; that petitioners be granted informa pauperis status; responses to the RR due within 10 days of service or further appeal is waived (cc: all counsel) (SKV) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

23

RETURN OF SERVICE unexecuted - attempted as to defendant Katheleen Hawk (SKV) (Entered: 07/27/1993)

July 22, 1993

July 22, 1993

24

RETURN OF SERVICE unexecuted - attempted as to defendant Margaret C. Hambrick (SKV) (Entered: 07/27/1993)

July 22, 1993

July 22, 1993

25

MOTION by plaintiff Conchita Washington, plaintiff Sunday Torres for hearing (status conference) (SKV) (Entered: 08/04/1993)

July 23, 1993

July 23, 1993

26

MOTION by defendant Janet Reno, defendant Katheleen Hawk, defendant Margaret C. Hambrick for hearing (status conference) (SKV) (Entered: 08/04/1993)

July 23, 1993

July 23, 1993

27

MOTION by plaintiff Conchita Washington, plaintiff Sunday Torres for discovery pending action/hearing for permanent injunctive relief to prevent implementation of new non-collect telephone calling, telephone system (SKV) (Entered: 08/04/1993)

July 26, 1993

July 26, 1993

28

ORDER by Judge Henry R. Wilhoit Jr.: all pleadings shall hence forth be filed only in lead case, civil action no. 93-290 and Clerk is directed to enter parties in civil action no. 93-217 into the lead case. (cc: all counsel) (SKV) (Entered: 08/04/1993)

July 29, 1993

July 29, 1993

REMARK: all further docketing will entered into case no. 93-290; all pending motions have been docketed in case no. 93-290 w/ indication that they are filed in 93-217. (SKV) (Entered: 08/04/1993)

July 29, 1993

July 29, 1993

Case Details

State / Territory: Kentucky

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 2, 1993

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all federally incarcerated inmates serving their period of incarceration in a federal penal or medical institution

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal Bureau of Prisons, Federal

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

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1993 - 2003

Content of Injunction:

Preliminary relief granted

Issues

General:

Phone

Type of Facility:

Government-run