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Case: Prison Legal News v. Cook

3:98-cv-01344 | U.S. District Court for the District of Oregon

Filed Date: Oct. 29, 1998

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On October 29, 1998, the Prison Legal News and inmates in Oregon prisons filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against the Oregon Department of Corrections and several of its officials. The plaintiffs, who were represented by the Oregon Law Center and private counsel, sought injunctive relief as well as damages, alleging that the defendants' mail policy, as applied to subscription non-profit publications, violated due process and the First …

On October 29, 1998, the Prison Legal News and inmates in Oregon prisons filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against the Oregon Department of Corrections and several of its officials. The plaintiffs, who were represented by the Oregon Law Center and private counsel, sought injunctive relief as well as damages, alleging that the defendants' mail policy, as applied to subscription non-profit publications, violated due process and the First Amendment rights of both the inmates and the non-profit publisher.

The mail policy prohibited the receipt of standard rate mail, which was the postage rate used by non-profit organizations. The inmates were not given notice that mail had been rejected, nor were they given the opportunity to contest the rejection. The inmate plaintiffs had subscribed to the newsletter, but did not receive it, because it was mailed by standard postage rate.

The defendants' moved for summary judgment and the plaintiffs' made a cross-motion for summary judgment. On September 13, 1999, the District Court (Judge Malcolm F. Marsh) granted the defendants' motion for summary judgment and denied the plaintiffs' cross-motion for summary judgment.

The plaintiffs appealed. On February 7, 2001, the U.S. Court of Appeals for the Ninth Circuit (Judge Robert R. Beezer) reversed the District Court's grant of summary judgment and remanded the case. Prison Legal News v. Cook, 238 F.3d 1145 (9th Cir. 2001). The court held the policy of rejection of subscription non-profit organization mail, because it was sent by standard rate postage, violated the First Amendment rights of the inmates and the non-profit organization. It reasoned that the speech in the newsletters was core protected speech. The court further held that the defendants violated the inmates' right of due process by failing to provide the inmate plaintiffs with notice and opportunity to contest the rejection of the mail in question. The defendant officials, however, were entitled to qualified immunity.

On August 7, 2001, the District Court (Judge Marsh) entered an order, which provided that the mail policy was unconstitutional, as applied to subscription non-profit organization mail, that the defendants were permanently enjoined from enforcing the mail policy against subscription mail from non-profit organizations, and that the defendants were required to provide the recipients of rejected subscription non-profit mail with notice and opportunity to contest the rejection. The plaintiffs' were awarded attorneys' costs and fees.

The case is closed.

Summary Authors

Kaitlin Corkran (6/19/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7844068/parties/prison-legal-news-v-cook/


Judge(s)

Beezer, Robert R. (Washington)

Graber, Susan (Oregon)

Marsh, Malcolm Francis (Oregon)

Rymer, Pamela Ann (California)

Attorneys(s) for Plaintiff

Blackman, Marc D. (Oregon)

Hardy, Alison (Oregon)

Stiltner, Samuel J. (Washington)

Attorneys(s) for Defendant

Hutchins, Christina M. (Oregon)

Londahl, Jan Peter (Oregon)

Williamson, Leonard W. (Oregon)

Judge(s)

Beezer, Robert R. (Washington)

Graber, Susan (Oregon)

Marsh, Malcolm Francis (Oregon)

Rymer, Pamela Ann (California)

Attorneys(s) for Plaintiff

Blackman, Marc D. (Oregon)

Hardy, Alison (Oregon)

Stiltner, Samuel J. (Washington)

Attorneys(s) for Defendant

Hutchins, Christina M. (Oregon)

Londahl, Jan Peter (Oregon)

Williamson, Leonard W. (Oregon)

Documents in the Clearinghouse

Document

3:98-cv-01344

Docket (PACER)

Jan. 13, 2003

Jan. 13, 2003

Docket

99-36084

Reported Opinion

U. S. Court of Appeals for the Ninth Circuit

Feb. 7, 2001

Feb. 7, 2001

Order/Opinion
70

3:98-cv-01344

Opinion and Order

Aug. 7, 2001

Aug. 7, 2001

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7844068/prison-legal-news-v-cook/

Last updated Sept. 2, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and JURY TRIAL DEMAND re violations of civil rights (Cause Code: 42:1983cv) (Receipt # 406747) (former employee) (Entered: 10/30/1998)

Oct. 29, 1998

Oct. 29, 1998

PACER
2

ORDER Setting Discovery Schedule discovery due 2/26/99 pretrial order due 3/29/99 (former employee) (Entered: 10/30/1998)

Oct. 29, 1998

Oct. 29, 1998

PACER
3

SUMMONS ISSUED as to Defendant David Schumacher (former employee) (Entered: 10/30/1998)

Oct. 29, 1998

Oct. 29, 1998

PACER
4

SUMMONS ISSUED as to Defendant David S Cook (former employee) (Entered: 10/30/1998)

Oct. 29, 1998

Oct. 29, 1998

PACER
5

RETURN OF SERVICE EXECUTED upon Defendant David S Cook on 11/5/98 (former employee) (Entered: 11/17/1998)

Nov. 16, 1998

Nov. 16, 1998

PACER
6

RETURN OF SERVICE EXECUTED upon Defendant David Schumacher on 11/5/98 (former employee) (Entered: 11/17/1998)

Nov. 16, 1998

Nov. 16, 1998

PACER
7

ANSWER by Defendants David S Cook, David Schumacher to complaint [1-1] (former employee) (Entered: 11/17/1998)

Nov. 16, 1998

Nov. 16, 1998

PACER
8

AMENDED CERTIFICATE OF SERVICE of answer [7-1] by Defendants (former employee) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

PACER
9

MOTION by Defendant TO EXTEND TIME TO FILE MOTION FOR S/J (former employee) (Entered: 02/19/1999)

Feb. 18, 1999

Feb. 18, 1999

PACER
10

AFFIDAVIT by Defendant of Jan Peter Londahl re: MOTION TO EXTEND TIME TO FILE MOTION FOR S/J [9-1] (former employee) (Entered: 02/19/1999)

Feb. 18, 1999

Feb. 18, 1999

PACER
11

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Defendants MOTION TO EXTEND TIME TO FILE MOTION FOR S/J [9-1] dispositive motions due 3/26/99 (counsel notified) (former employee) (Entered: 02/22/1999)

Feb. 18, 1999

Feb. 18, 1999

PACER
12

MOTION by Defendants FOR SUMMARY JUDGMENT (former employee) (Entered: 03/26/1999)

March 25, 1999

March 25, 1999

PACER
13

MEMORANDUM IN SUPPORT by Defendants of MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) (Entered: 03/26/1999)

March 25, 1999

March 25, 1999

PACER
14

CONCISE STATEMENT OF MATERIAL FACTS by Defendants in support of MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) (Entered: 03/26/1999)

March 25, 1999

March 25, 1999

PACER
15

RECORD OF ORDER by Honorable Malcolm F. Marsh TAKING Defendants MOTION FOR SUMMARY JUDGMENT [12-1] under advisement as of 4/26/99 (counsel notified) Court Rptr none (former employee) (Entered: 03/30/1999)

March 29, 1999

March 29, 1999

PACER
16

SUPPLEMENTAL ATTACHMENTS to Rich Holder's affidavit in support of Defendants MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) (Entered: 04/05/1999)

April 1, 1999

April 1, 1999

PACER
17

MOTION by Plaintiffs TO EXTEND TIME TO FILE RESPONSE TO Defendants MOTION FOR S/J [12-1] AND CROSS MOTION FOR S/J (former employee) (Entered: 04/07/1999)

April 6, 1999

April 6, 1999

PACER
18

RECORD OF ORDER: GRANTING Plaintiffs 4/6/99 MOTION TO EXTEND TIME FOR FILING OPPOSITION TO Defendants MOTION FOR S/J AND CROSS-MOTION FOR S/J. Plaintiff deadline to file oppposition extended from 4/8/99 to 5/8/99. Under advisement deadline for Defendants MOTION FOR S/J [12-1] extended from 4/26/99 to 5/26/99 by Honorable Malcolm F. Marsh (counsel notified) (former employee) (Entered: 05/05/1999)

April 6, 1999

April 6, 1999

PACER
19

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs MOTION TO EXTEND TIME TO FILE RESPONSE TO Defendants MOTION FOR S/J [12-1] AND CROSS MOTION FOR S/J [17-1] Response to dispositive motions due 6/7/99 RE-SETTING Defendants MOTION FOR SUMMARY JUDGMENT [12-1] under advisement as of 6/23/99 (counsel notified) (former employee) Modified on 05/05/1999 (Entered: 05/05/1999)

May 4, 1999

May 4, 1999

PACER
20

MOTION by Plaintiffs TO EXTEND TIME TO RESPOND TO Defendants MOTION FOR S/J [12-1] (former employee) Modified on 06/28/1999 (Entered: 05/06/1999)

May 4, 1999

May 4, 1999

PACER
21

NOTICE OF CROSS MOTION & CROSS MOTION by Plaintiffs FOR SUMMARY JUDGMENT (former employee) Modified on 06/28/1999 (Entered: 06/07/1999)

June 7, 1999

June 7, 1999

PACER
22

MEMORANDUM by Plaintiffs IN OPPOSITION to Defendant's MOTION FOR SUMMARY JUDGMENT [12-1] Reply due 6/21/99; o/a requested(former employee) Modified on 06/28/1999 (Entered: 06/07/1999)

June 7, 1999

June 7, 1999

PACER
23

OBJECTIONS (Articulation of) by Plaintiffs to Defendants statement [14-1] and articulation of relevant material facts(former employee) Modified on 06/28/1999 (Entered: 06/08/1999)

June 7, 1999

June 7, 1999

PACER
24

MOTION by Defendants TO EXTEND TIME TO 7/19/99 TO FILE THEIR REPLY TO PLAINTIFFS RESPONSE REGARDING THEIR MOTION FOR SUMMARY JUDGMENT [12-1] (former employee) Modified on 06/28/1999 (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
25

AFFIDAVIT by Defendants of Jan Peter Londahl re: MOTION TO EXTEND TIME TO 7/19/99 TO FILE THEIR REPLY TO PLAINTIFFS RESPONSE REGARDING THEIR MOTION FOR SUMMARY JUDGMENT [12-1] [24-1] (former employee) Modified on 06/28/1999 (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
26

RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING Defendants MOTION TO EXTEND TIME TO FILE THEIR REPLY TO PLAINTIFFS RESPONSE REGARDING THEIR MOTION FOR SUMMARY JUDGMENT [12-1] [24-1]; Response due 7/19/99; S/J Motion taken under advisement as of 7/23/99 (counsel notified) (former employee) Modified on 06/28/1999 (Entered: 06/15/1999)

June 14, 1999

June 14, 1999

PACER
27

RECORD OF ORDER by Honorable Malcolm F. Marsh RESETTING the taking of Defendants MOTION FOR SUMMARY JUDGMENT [12-1] & Plaintiffs CROSS MOTION FOR SUMMARY JUDGMENT [21-1] under advisement as of 7/23/99 (counsel notified) Court Rptr none (former employee) Modified on 06/28/1999 (Entered: 06/28/1999)

June 25, 1999

June 25, 1999

PACER
28

OBJECTIONS by Defendants TO PLAINTIFFS' CONCISE STATEMENT [22-1] (ljl) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

PACER
29

REPLY AND MEMORANDUM IN RESPONSE by Defendant to CROSS-MOTION FOR SUMMARY JUDGMENT [21-1] (ljl) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

PACER
30

SUPPLEMENTAL EXHIBITS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT [12-1] (ljl) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

PACER
31

MOTION by Plaintiffs TO EXTEND TIME TO FILE REPLY TO Defendants RESPONSE OPPOSING Plaintiffs CROSS-MOTION FOR S/J [29-1] (former employee) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

PACER
32

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs MOTION TO EXTEND TIME TO FILE REPLY TO 8/29/99 [29-1] [31-1]; RE-SETTING Defendants MOTION FOR SUMMARY JUDGMENT [12-1] and Plaintiff's CROSS MOTION FOR SUMMARY JUDGMENT [21-1] under advisement as of 8/29/99 (counsel notified) (former employee) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

PACER
33

SUPPLEMENTAL EXHIBITS in support of Defendants Motion for S/J [12-1] and in opposition to Plaintiffs cross Motion for S/J (former employee) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

PACER
34

RESUBMISSION OF SUPPLEMENTAL EXHIBIT 106 (former employee) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

PACER
35

REPLY TO RESPONSE by Plaintiff re CROSS MOTION FOR SUMMARY JUDGMENT [21-1] (former employee) (Entered: 08/26/1999)

Aug. 26, 1999

Aug. 26, 1999

PACER
36

SUPPLEMENTAL EXHIBITS in support of Plaintiffs Cross Motion for S/J [21-1] and in opposition to Defendants motion for S/J (former employee) (Entered: 08/26/1999)

Aug. 26, 1999

Aug. 26, 1999

PACER
37

MOTION by Plaintiffs FOR LEAVE TO FILE a Supplemental Affidavit and Sur-Reply Memorandum. (peg) Modified on 09/13/1999 (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

PACER
38

AFFIDAVIT of Alison Hardy. (peg) (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

PACER
39

SUR-REPLY by Plaintiffs (peg) (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

PACER
40

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiffs' MOTION TO FILE SUPPLEMENTAL AFFIDAVIT AND SUR-REPLY [37-1]; ORDER: RESETTING the parties' cross MOTIONS FOR SUMMARY JUDGMENT [12-1] & [21-1] to be taken under advisement as of 9/22/99. (counsel notified) (peg) (Entered: 09/14/1999)

Sept. 13, 1999

Sept. 13, 1999

PACER
41

SUR-SUR-REPLY filed by Defendants. (peg) (Entered: 09/23/1999)

Sept. 22, 1999

Sept. 22, 1999

PACER
42

OPINION AND ORDER DENYING Plaintiffs'CROSS MOTION FOR SUMMARY JUDGMENT [21-1] and GRANTING Defendants' MOTION FOR SUMMARY JUDGMENT [12-1]; Microfilmed 9/29/99; Signed 9/29/99 by Honorable Malcolm F. Marsh (counsel notified) (peg) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

PACER
43

JUDGMENT: Based on the Record, IT IS ORDERED AND ADJUDGED that this Action is DISMISSED WITH PREJUDICE ; Microfilmed 9/29/99; Signed 9/29/99 Honorable Malcolm F. Marsh (counsel notified) (peg) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

PACER
44

NOTICE OF APPEAL to Court of Appeals by Plaintiffs Prison Legal News, Michael Tucker, Mark Wilson, Hung Le from the court's 9/29/99 judgment [43-2] and opinion & order [42-1] Receipt # 426253. (peg) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

PACER
45

REPRESENTATION STATEMENT by Plaintiffs Prison Legal News, Michael Tucker, Mark Wilson and Hung Le. (peg) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

PACER

NOTIFICATION OF APPEAL mailed to Court of Appeals For the Ninth Circuit and to counsel along with copy of appealed documents and docket sheet. (peg)

Oct. 28, 1999

Oct. 28, 1999

PACER
46

TRANSCRIPT DESIGNATION AND ORDERING FORM filed by Appeallant; NO Transcripts ordered for Appeal [44-1]. (peg) (Entered: 11/15/1999)

Nov. 12, 1999

Nov. 12, 1999

PACER
47

NOTIFICATION by US Court of Appeals for the Ninth Circuit of Docket Number 99-36084 by Plaintiffs re: Appeal [44-1]. (peg) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
48

TIME SCHEDULE ORDER from the US Court of Appeals for the Ninth Circuit re: Appeal [44-1], C/A #99-36084 Transcript order form due by 11/29/99; Transcripts filed by 12/28/99; Appellant's opening brief due by 2/14/00; Appellee's opposition brief due by 3/14/00, with the optional reply brief due no later than 14 days after service of the Appellee's brief. (peg) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
49

CERTIFICATE OF RECORD transmitted to US Court of Appeals for the Ninth Circuit re: Plaintff Prison Legal News' Appeal [44-1] filed on 10/28/99, C/A 99-36084. (peg) (Entered: 01/06/2000)

Jan. 6, 2000

Jan. 6, 2000

PACER
50

ORDER from the US Court of Appeals for the Ninth Circuit re: Appeal [44-1] C/A #99-36084 extending the due date for appellees' brief to 6/26/00, with optional reply brief due 14 days from service of the answering brief. (peg) (Entered: 05/11/2000)

May 11, 2000

May 11, 2000

PACER

CLERK'S RECORD on appeal (entire original file) transmitted to US Court of Appeals for the Ninth Circuit regarding CA 99-36084 [44-1] (kw)

Oct. 5, 2000

Oct. 5, 2000

PACER
51

MANDATE/JUDGMENT from USCA REVERSING AND REMANDING the Decision of the District Court re: CA 99-36084 [Appeal [44-1]; Bill of Costs entered 3/20/2001 AGAINST Defendants-Appellees in the amount of $426.75 (kw) (Entered: 04/02/2001)

March 26, 2001

March 26, 2001

PACER

CLERK'S RECORD on appeal (entire original file) returned from US Court of Appeals for the Ninth Circuit regarding CA 99-36084 [44-1] (kw)

April 4, 2001

April 4, 2001

PACER
52

RECORD OF ORDER by Honorable Malcolm F. Marsh GRANTING Plaintiff's letter request for extension of time to submit a form of judgment and petition for attorney fees; Plaintiffs shall submit the foregoing documents by 5/7/01; Defendants shall file their response within 15 days thereafter (counsel notified) (kw) (Entered: 05/02/2001)

May 2, 2001

May 2, 2001

PACER
53

RECORD OF ORDER by Honorable Malcolm F. Marsh: Plaintiffs' Attorney Fee Application and proposed Judgment shall be filed/submitted by 6/7/2001 (counsel notified) (kw) (Entered: 05/02/2001)

May 2, 2001

May 2, 2001

PACER
54

RECORD OF ORDER by Honorable Malcolm F. Marsh CLARIFYING conflicting minute orders [53-1], [52-1]: Plaintiff's letter request for extension of time to submit a form of judgment and petition for attorney fees is GRANTED; Plaintiffs shall submit the foregoing documents on or before 6/7/2001; Defendants shall file their response within 15 days thereafter (counsel notified) (kw) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

PACER
55

NOTICE OF SUBSTITUTION OF COUNSEL; Assistant State Attorney General Leonard W Williamson replacing Assistant State Attorney General Jan Peter Londahl for Defendants David Schumacher & David S Cook (document is not signed) (kw) Modified on 06/01/2001 (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

PACER
56

NOTICE OF SUBSTITUTION OF COUNSEL; Assistant State Attorney General Leonard W Williamson replacing Assistant State Attorney General Jan Peter Londahl as counsel for State Defendants David S Cook and David Schumacher (signed document) (kw) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

PACER
57

MOTION by Plaintiffs FOR ATTORNEY FEES (in the amount of $59,510.50 and related expenses of $1,436.47) (kw) (Entered: 06/07/2001)

June 5, 2001

June 5, 2001

PACER
58

MEMORANDUM OF LAW IN SUPPORT by Plaintiffs of MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)

June 5, 2001

June 5, 2001

PACER
59

DECLARATION by Plaintiffs of Alison Hardy IN SUPPORT OF MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)

June 5, 2001

June 5, 2001

PACER
60

DECLARATION by Plaintiffs of Marc Blackman IN SUPPORT OF MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)

June 5, 2001

June 5, 2001

PACER
61

DECLARATION by Plaintiffs of Samuel L Stiltner IN SUPPORT OF MOTION FOR ATTORNEY FEES [57-1] (kw) (Entered: 06/07/2001)

June 5, 2001

June 5, 2001

PACER
62

CERTIFICATE OF SERVICE of MOTION FOR ATTORNEY FEES [57-1], memorandum of law in support [58-1], declaration of Alison Hardy [59-1], declaration of Marc Blackman [60-1], and declaration of Samuel J Stiltner [61-1] by Plaintiffs (kw) (Entered: 06/07/2001)

June 5, 2001

June 5, 2001

PACER
63

RECORD OF ORDER by Honorable Malcolm F. Marsh SETTING Plaintiff's MOTION FOR ATTORNEY FEES [57-1] for under advisement as of 7/5/01 (counsel notified) (kw) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

PACER
64

RESPONSE (filed as REPLY) by Defendants to PLAINTIFF'S MOTION FOR ATTORNEY FEES [57-1]: Reply due 7/6/01 (tomg) (Entered: 06/25/2001)

June 22, 2001

June 22, 2001

PACER
65

MEMORANDUM IN SUPPORT by Defendants of RESPONSE TO PLAINTIFF'S MOTION FOR ATTORNEY FEES [64-1] (tomg) (Entered: 06/25/2001)

June 22, 2001

June 22, 2001

PACER
66

REPLY by Defendants to Plaintiff's Request for Injuction/Judgment (ljl) (Entered: 06/26/2001)

June 22, 2001

June 22, 2001

PACER
67

REPLY by Plaintiffs TO OBJECTIONS TO PROPOSED INJUNCTION; Request for Oral Argument (kw) (Entered: 07/05/2001)

July 5, 2001

July 5, 2001

PACER
68

REPLY TO OBJECTIONS by Plaintiffs TO REQUEST FOR ATTORNEY FEES [57-1] (kw) (Entered: 07/05/2001)

July 5, 2001

July 5, 2001

PACER
69

CERTIFICATE OF SERVICE of MOTION reply [68-1], & reply [67-1] by Plaintiffs (kw) (Entered: 07/05/2001)

July 5, 2001

July 5, 2001

PACER
70

OPINION AND ORDER GRANTING Plaintiffs' MOTION FOR ATTORNEY FEES [57-1]; Plaintiffs may recover $58,059.47 in fees and expenses; (See formal 7-page Opinion and Order); Signed 8/6/01 by Honorable Malcolm F. Marsh (microfilmed 8/8/01) (counsel notified) (kw) (Entered: 08/08/2001)

Aug. 7, 2001

Aug. 7, 2001

PACER
71

JUDGMENT ON REMAND; Based on the record on remand from the Court of Appeals [51-1], IT IS HEREBY ORDERED, ADJUDGED AND DECLARED that Oregon Administrative Rule (OAR) 291-131-0025(8) (1998), pursuant to which the Oregon Department of Corrections prohibits all incoming mail at institutions under its management except express mail, priority mail, first class mail or periodicals mail, is unconstitutional as applied to subscription non-profit organizations mail; IT IS FURTHER ORDERED that Defendants are PERMANENTLY ENJOINED from enforcing OAR 291-131-0025(8) (1998) or any other rule that prohibits inmates at institutions under the management of the Oregon Department of Corrections from receiving subscription non-profit organization mail mailed at standard mail rates; IT IS FURTHER ORDERED that upon rejection of any item of subscription non-profit organization mail mailed at standard mail rates, Defendants shall afford the sender and the intended recipient notice and opportunity to contest the rejection; IT IS FURTHER ORDERED that Plaintiffs are entitled to an award of attorney fees and expenses in the amount of $58,059.47; Signed 8/7/01 (microfilmed 8/8/01) Honorable Malcolm F. Marsh (counsel notified) (kw) (Entered: 08/08/2001)

Aug. 7, 2001

Aug. 7, 2001

PACER

CASE FILE SENT TO THE FRC Accession number 21-03-0030 Location number 1049179 Box 79 of 454 (ljl) Modified on 01/31/2003

Jan. 31, 2003

Jan. 31, 2003

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 29, 1998

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners and publisher of non-profit newsletter challenging corrections department's policy of prohibiting receipt of standard rate mail, including subscription non-profit organization mail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oregon 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: 2001 - 0

Issues

General:

Mail

Affected Gender:

Male