Case: Prison Legal News v. Millard County

2:01-cv-00580 | U.S. District Court for the District of Utah

Filed Date: July 30, 2001

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On July 30, 2001, Prison Legal News (PLN) filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, challenging Millard County Jail's "no publications policy" which barred inmates from receiving PLN's publications. PLN was represented by attorneys with the Utah Legal Clinic.This case was one of several lawsuit instituted by PLN over the years, challenging prison mail restrictions on First Amendment grounds. See e.g., PC-OR-4, PC-AL-24, PC-WA-8, PC-MI-22…

On July 30, 2001, Prison Legal News (PLN) filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, challenging Millard County Jail's "no publications policy" which barred inmates from receiving PLN's publications. PLN was represented by attorneys with the Utah Legal Clinic.

This case was one of several lawsuit instituted by PLN over the years, challenging prison mail restrictions on First Amendment grounds. See e.g., PC-OR-4, PC-AL-24, PC-WA-8, PC-MI-22, JC-UT-1.

Shortly after filing of the lawsuit, Millard County Jail made a Rule 68 Offer of Judgment to settle the case for the sum of $300.00 plus attorneys' fees and costs. PLN accepted the offer. On January 7, 2002, the District Court (Judge Ted Stewart) entered Judgment that all claims arising out of the pleadings were dismissed with prejudice. PLN then moved to amend the judgment. On April 23, 2002, the District Court vacated its January 7, 2002 and entered an amended Judgment and Order against the defendant for the sum of $300.00 plus attorneys' fees and costs, noting that the Judgment had already been satisfied. Per the amended Judgment and Order, all claims were dismissed with prejudice.

Note that our collection of documents for this case includes one titled "Stipulation for Settlement." It appears from the PACER docket that the parties did not execute that document and its terms were not made part of the settlement of the case.

Summary Authors

Dan Dalton (4/25/2007)

People


Judge(s)

Stewart, Brian Theadore (Utah)

Attorneys(s) for Plaintiff

Barnard, Brian M. (Utah)

Harris, James L. Jr. (Utah)

Attorneys(s) for Defendant

Mylar, Frank D. (Utah)

Judge(s)

Stewart, Brian Theadore (Utah)

Attorneys(s) for Plaintiff

Barnard, Brian M. (Utah)

Harris, James L. Jr. (Utah)

Attorneys(s) for Defendant

Mylar, Frank D. (Utah)

Documents in the Clearinghouse

Document

2:01-cv-00580

Docket (PACER)

April 23, 2002

April 23, 2002

Docket
1

2:01-cv-00580

Complaint

July 30, 2001

July 30, 2001

Complaint

2:01-cv-00580

Settlement Stipulation

Sept. 1, 2001

Sept. 1, 2001

Settlement Agreement
22

2:01-cv-00580

Judgment and Order

April 23, 2002

April 23, 2002

Order/Opinion

Resources

Docket

Last updated July 19, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, assigned to Judge Ted Stewart Receipt no.: 114963 (kvs) (Entered: 07/31/2001)

July 30, 2001

July 30, 2001

2

Order of Reference pursuant to 636(b)(1)(A) signed by TS, 7/31/01. Mag directed to hear & determine any non- dispositive pretrial matters pending before the Court. cc:attys (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

Case referred to magistrate under 28:636(b)(1)(A). (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

3

Case referred to Judge Ronald N. Boyce cc: atty (ce) (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

4

Affidavit of Raymond R. Hanson Re: Prison Legal News (Entered: 09/18/2001)

Sept. 17, 2001

Sept. 17, 2001

5

Amended complaint by Prison Legal News. Amends [1-1] complaint. (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

6

Affidavit of Donald W. Miniken Re: as custodian of records of PLN (Entered: 10/11/2001)

Oct. 10, 2001

Oct. 10, 2001

7

Answer by Millard Cnty, Ed Phillips, Penny Prows, Michael Winget to amended complaint (Entered: 10/24/2001)

Oct. 23, 2001

Oct. 23, 2001

8

Certificate of service by Millard Cnty, Ed Phillips, Penny Prows, Michael Winget re: Rule 68 Offer of Judgment (Entered: 10/24/2001)

Oct. 23, 2001

Oct. 23, 2001

Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed or faxed to plaintiff Prison Legal News, defendant Millard Cnty, defendant Ed Phillips, defendant Penny Prows, defendant Michael Winget (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

10

Bill of costs from Prison Legal News in the amt of $150.00, court costs (Entered: 10/31/2001)

Oct. 30, 2001

Oct. 30, 2001

11

Objections by Prison Legal News to proposed order (ksp) (Entered: 11/13/2001)

Nov. 13, 2001

Nov. 13, 2001

12

Objections by Millard Cnty, Ed Phillips, Penny Prows, Michael Winget, Dekker to proposed order/jgm dated 12/26/01 (Entered: 01/03/2002)

Jan. 2, 2002

Jan. 2, 2002

13

Judgment that all claims arising out of the pldgs against all dfts are dism w/prej based upon pla's accept of dfts' Rule 68 Offer of Jgm; all proposed monetary jgm amts, incl claims for attys fees and costs, have been fully satisfied, signed by TS, 1/7/02, cc: atty [EOD Date 1/7/02] (Entered: 01/07/2002)

Jan. 7, 2002

Jan. 7, 2002

CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (Entered: 01/07/2002)

Jan. 7, 2002

Jan. 7, 2002

Case closed per jgm no. 13 (Entered: 01/07/2002)

Jan. 7, 2002

Jan. 7, 2002

14

Request for hrg filed by Prison Legal News re: [12-1] objection, [11-1] objection to the proposed final judgments (Entered: 01/09/2002)

Jan. 9, 2002

Jan. 9, 2002

15

Motion by Prison Legal News to amend [13-1] judgment order (Entered: 01/17/2002)

Jan. 16, 2002

Jan. 16, 2002

16

Memorandum by Prison Legal News in support of [15-1] motion to amend [13-1] judgment order (Entered: 01/17/2002)

Jan. 16, 2002

Jan. 16, 2002

17

Memorandum by Millard Cnty, Ed Phillips, Penny Prows, Michael Winget, Dekker in opposition to [15-1] motion to amend [13-1] judgment order (Entered: 01/30/2002)

Jan. 30, 2002

Jan. 30, 2002

18

Notice of Hearing filed : Motion hearing set for 3:00 3/20/02 for [15-1] motion to amend [13-1] judgment order To be held before Judge TS cc:atty ( Ntc generated by: Chambers TS case mgr) (Entered: 02/06/2002)

Feb. 6, 2002

Feb. 6, 2002

19

AMENDED Notice of Hearing filed: Motion hearing re-set for 10:00 4/17/02 for [15-1] motion to amend [13-1] judgment order To be held before Judge TS cc:atty ( Ntc generated by: Mgr) (Entered: 03/14/2002)

March 14, 2002

March 14, 2002

20

AMENDED Notice of Hearing filed : Motion hearing re-set for 1:00 4/23/02 for [15-1] motion to amend [13-1] judgment order To be held before Judge Ted Stewart cc:atty ( Ntc generated by: SM, Courtroom deputy) (ksp) (Entered: 04/12/2002)

April 12, 2002

April 12, 2002

21

AMENDED Notice of Hearing filed : Motion hearing reset for 11:00 4/23/02 for [15-1] motion to amend [13-1] judgment order To be held before Judge TS cc:atty ( Ntc generated by: TS's crtrm dep) (tsh) (Entered: 04/22/2002)

April 22, 2002

April 22, 2002

Case Details

State / Territory: Utah

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 30, 2001

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Washington non-profit corporation that publishes and distributes nation-wide a monthly magazine known as Prison Legal News

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Millard County Jail (Millard), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Confession of Judgment

Issues

General:

Mail

Affected Gender:

Male

Type of Facility:

Government-run