Case: Crofton v. Spaulding

2:94-cv-00208 | U.S. District Court for the Eastern District of Washington

Filed Date: 1994

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On October 11, 1995, Clayton Crofton, a Washington state inmate brought a pro se civil rights action in the U.S. District Court for the Eastern District of Washington, challenging a Washington State Penitentiary (WSP) regulation that prohibited receipt by a prisoner of gift magazine subscriptions. The inmate sought injunctive relief and monetary damages.

On May 14, 1996, the District Court (Magistrate Judge Cynthia Imbrogno) issued an order and judgment granting in part plaintiff's claim for injunctive relief, permanently enjoining the WSP from rejecting gift magazine subscriptions mailed to inmates, so long as the content of the magazines otherwise complied with WSP regulations. Judgment was entered in favor of the defendants on plaintiff's remaining claims.

Plaintiff Crofton filed a similar lawsuit in 1995, styled Crofton v. Roe. (See PC-WA-5).

Summary Authors

Dan Dalton (4/25/2007)

Related Cases

Crofton v. Roe, Eastern District of Washington (1995)

People


Judge(s)

Imbrogno, Cynthia (Washington)

Attorneys(s) for Defendant

Nerup, Penelope (Washington)

Judge(s)

Imbrogno, Cynthia (Washington)

Attorneys(s) for Defendant

Nerup, Penelope (Washington)

Documents in the Clearinghouse

Document

Docket (PACER)

Aug. 28, 1997 Docket
68

Order Granting In Part Plaintiff's Claim For Injunctive Relief And Granting Judgment For Defendants On Remaining Claims

May 14, 1996 Order/Opinion
69

Judgment in a Civil Case

May 14, 1996 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

COMPLAINT Fee-status: ifp Receipt #: wv (FmrEmp) (Entered: 06/13/1994)

June 13, 1994

Law Clerk assigned to case is DS (CR) (Entered: 06/22/1994)

June 22, 1994
1

COMPLAINT (Summons(es) issued) Fee-status: ifp Receipt #: wv (FmrEmp) (Entered: 07/11/1994)

July 11, 1994
2

ORDER TO PROCEED IN FORMA PAUPERIS AND ORDER OF SERVICE by Judge Fred L. Van Sickle (Clerk to file cmp w/o pmyt of filing fee; Clerk to mail cc: #1 #2 pltf AG; USM to serve dfts); response due 8/25/94 (FmrEmp) (Entered: 07/11/1994)

July 11, 1994
3

ATTORNEY APPEARANCE for defendant; Atty Penelope S Nerup appearing (FmrEmp) (Entered: 07/21/1994)

July 21, 1994
4

SUMMONS/RETURN OF SERVICE executed upon defendant Ron Van Boening, defendant Dennis Potts, defendant Tom Rolfs, defendant Tana Wood, defendant James Spaulding (FmrEmp) (Entered: 07/29/1994)

July 28, 1994
5

ANSWER by defendant; demand for jury trial (FmrEmp) (Entered: 08/03/1994)

Aug. 3, 1994
6

Status Report filed by plaintiff (FmrEmp) (Entered: 09/19/1994)

Sept. 19, 1994
7

MOTION by plaintiff to strike telephonic argument 9/29/94 @ 8:30 A.M. Spokane, WA (With Status conference) (FmrEmp) (Entered: 09/19/1994)

Sept. 19, 1994
8

Affidavit of service by mailing by defendant of: Plaintiff's first interrogatories (FmrEmp) (Entered: 09/19/1994)

Sept. 19, 1994
9

Status Report filed by defendant (FmrEmp) (Entered: 09/22/1994)

Sept. 22, 1994
10

Scheduling Conference Order by Judge Fred L. Van Sickle (It is ordered that the discovery to be complete 1/31/95; dispositive mtns to be filed by 2/15/95; this matter shall be scheduled for trial after dispositive mtns are resolved; the parties shall file NO FURTHER discovery; there shall be NO FURTHER joinder of parties; this matter shall NOT be consolidated with CS-92-415-FVS) (cc: all counsel) (FmrEmp) (Entered: 09/29/1994)

Sept. 29, 1994

SCHEDULING CONFERENCE HELD Hrg Location: (S/FVS); no court reporter (FmrEmp) (Entered: 09/30/1994)

Sept. 29, 1994
11

MOTION by plaintiff for anti-harrassment protective order under RCW 10.14 and for order directing appearance of WSP Officials via telephone to show cause (FmrEmp) (Entered: 10/11/1994)

Oct. 11, 1994
12

First MOTION by plaintiff to compel discovery under 37(A) (FmrEmp) (Entered: 10/12/1994)

Oct. 12, 1994
13

ORDER Denying Plaintiff's Motion For Protective Order And Granting Motion To Compel Discovery by Judge Fred L. Van Sickle (It is ordered that the motion to compel discovery under 37(A) is GRANTED [12-1] to the extent indicated in the Order; the motion for anti-harrassment protective order under RCW 10.14 is DENIED [11-1]; the parties shall conduct discovery in good faith; and clerk is directed to send copy of #12 to defense counsel) (cc: all counsel) (FmrEmp) (Entered: 01/09/1995)

Jan. 9, 1995
14

MOTION by defendant for extension of dispositive motion deadline (FmrEmp) (Entered: 02/14/1995)

Feb. 14, 1995
15

Affidavit of Penelope S. Nerup (FmrEmp) (Entered: 02/14/1995)

Feb. 14, 1995

Proposed Order granting motion for extension of dispositive motion deadline [14-1] submitted by defendant (FmrEmp) (Entered: 02/14/1995)

Feb. 14, 1995
16

MOTION by defendant for expedited hearing (FmrEmp) (Entered: 02/14/1995)

Feb. 14, 1995

Proposed Order granting motion for expedited hearing [16-1] submitted by defendant (FmrEmp) (Entered: 02/14/1995)

Feb. 14, 1995
17

Notice by defendant of hearing (setting motion for extension of dispositive motion deadline [14-1]) (w/o oral argument 4:30 3/17/95) (FmrEmp) (Entered: 02/14/1995)

Feb. 14, 1995
18

Affidavit of service by mailing by defendant of: #14 - #17 & 2 proposed orders (FmrEmp) (Entered: 02/14/1995)

Feb. 14, 1995
19

ORDER Granting Extension Of Time And Advising Plaintiff Regarding Summary Judgment by Judge Fred L. Van Sickle (It is ordered that the motion for extension of dispositive motion deadline is GRANTED [14-1] pla mtn ddl reset for 3/15/95; dft disp mtn ddl reset for 3/15/95; responsive pleadings are to be filed by 3/27/95; Case mgmt ddl set re responsive memorandum; any reply memoranda shall be filed by 4/3/95; Dispositive mtn hrg reset without oral argument for 4/10/95 ; plaintiff is advised re summary judgment) (cc: pltf & all counsel) (FmrEmp) (Entered: 02/16/1995)

Feb. 16, 1995
20

Affidavit of personal service by defendant of: #14 - #19 (FmrEmp) (Entered: 02/23/1995)

Feb. 23, 1995

Status Conference Notice ; scheduling conference set 9:00 7/21/95 Spokane, WA (CR) (Entered: 06/22/1995)

June 22, 1995
21

Status Report filed by plaintiff (FmrEmp) (Entered: 07/13/1995)

July 13, 1995

MINUTES: Telephonic Status Conference before Magistrate Judge Cynthia Imbrogno (LS) (Entered: 07/21/1995)

July 21, 1995
23

ORDER Of Reference To Federal Judicial Mediator, SCHEDULING ORDER, And ORDER Advising Plaintiff Of Summary Judgment Requirements by Magistrate Judge Cynthia Imbrogno Disp mtn ddl: 12/29/95; Mtn in limine ddl: 2/5/96 ;discovery to be complete 11/30/95 ;pretrial conference 2:30 2/22/96 Spokane, WA ;Jury Trial set 9:00 3/11/96 Spokane, WA ; the case is referred to Federal Judicial Mediator, Frank Hayes Johnson, for evaluation and mediation; all activity is STAYED for up to 30 days; Mr. Johnson shall report to the court results of the mediation; case mgmt ddl set 8/25/95 (cc:all counsel) (PW) (Entered: 07/25/1995)

July 25, 1995
24

MOTION by plaintiff for return of files and transcript of phone calls (PW) (Entered: 09/25/1995)

Sept. 18, 1995
25

ORDER Extending Stay And Renoting Plaintiff's Motion For Hearing by Magistrate Judge Cynthia Imbrogno plaintiff's motion # 24 is renoted for 11/20/95 w/o oral argument; stay is extended an additional 60 days (cc: all counsel) (PW) (Entered: 09/25/1995)

Sept. 25, 1995
26

Supplemental motion pleadings by plaintiff re motion for return of files and transcript of phone calls [24-1] (PW) (Entered: 11/20/1995)

Nov. 20, 1995
27

MOTION by plaintiff for entry of default as to James Spaulding, Tom Rolfs, Tana Wood, Ron Van Boening, Dennis Potts (PW) (Entered: 12/05/1995)

Dec. 5, 1995
28

ORDER Denying Plaintiff's Motions And Directing Defendant To File Affidavit Regarding Access To Legal Papers by Magistrate Judge Cynthia Imbrogno continuing motion for return of files and transcript of phone calls and renoting for hearing w/o oral argument 01/31/96; Defts shall provide to court an affidavit regarding Pltf's access to his legal papers to be filed by 01/16/96 [24-1] (cc: all counsel) (PW) (Entered: 01/03/1996)

Jan. 3, 1996
29

OBJECTION And MOTION for summary ruling on motion for 37 sanctions by plaintiff (PW) (Entered: 01/09/1996)

Jan. 9, 1996

PRETRIAL CONFERENCE HELD Hrg Location: S/CI; no court reporter (PW) (Entered: 02/29/1996)

Feb. 22, 1996
30

ORDER To Transport Plaintiff For Trial by Magistrate Judge Cynthia Imbrogno for transportation to Spokane Co Jail on or before 3/11/96 & have Mr. Crofton available for trial 9:00 a.m., 3/11/96 (cc: all counsel) (PW) (Entered: 02/26/1996)

Feb. 23, 1996
31

NOTICE of Attorney Withdrawal and substitution of counsel (PW) Modified on 03/04/1996 (Entered: 03/04/1996)

Feb. 23, 1996
33

Memorandum by defendants in support of motion for summary judgment [32-1] (PW) (Entered: 03/04/1996)

Feb. 23, 1996
34

Affidavit of Penelope S Nerup regarding motion for summary judgment (PW) (Entered: 03/04/1996)

Feb. 23, 1996
35

Statement of facts by defendant in support of motion for summary judgment [32-1] (PW) (Entered: 03/04/1996)

Feb. 23, 1996
36

Notice by defendant of hearing setting motion for summary judgment [32-1] (PW) (Entered: 03/04/1996)

Feb. 23, 1996
38

MOTION by defendant to expedite hearing (PW) (Entered: 03/04/1996)

Feb. 23, 1996
39

Notice by defendant of hearing setting motion to expedite hearing [38-1] (PW) (Entered: 03/04/1996)

Feb. 23, 1996
40

Proof of service by defendants of: # 31 - 39 (PW) (Entered: 03/04/1996)

Feb. 23, 1996
41

ORDER Denying Plaintiff's Motions And Memorializing The Court's Rulings Of The Pretrial Conference by Magistrate Judge Cynthia Imbrogno denying motion [29-1], denying motion for entry of default as to defendants, [27-1], denying motion for return of files and transcript of phone calls [24-1] ; jury trial waived, non jury trial set 9:00 3/11/96 Spokane, WA (cc: all counsel) (PW) Modified on 03/04/1996 (Entered: 02/28/1996)

Feb. 27, 1996
37

MOTION by defendant to exceed page limitation (PW) Modified on 03/04/1996 (Entered: 03/04/1996)

March 4, 1996
43

Proof of service by defendants of: # 42 (PW) (Entered: 03/05/1996)

March 4, 1996
42

Defendants' proposed findings of fact and conclusions of law (cc: all counsel) (PW) Modified on 03/05/1996 (Entered: 03/05/1996)

March 5, 1996
44

Notice by plaintiff (re proposed findings requested by court) (PW) (Entered: 03/05/1996)

March 5, 1996
45

Proof of service by defendants of: Rule 68 offer of judgment (PW) (Entered: 03/06/1996)

March 6, 1996
46

Proof of service by defendants of: # 45 (PW) (Entered: 03/06/1996)

March 6, 1996

MINUTES: Bench Trial before Magistrate Judge Cynthia Imbrogno: Trial Began 9:00 3/11/96 ; Hearing Location: [Spokane, WA]; Topper Baker court reporter (LS) (Entered: 03/13/1996)

March 11, 1996
47

Exhibit list by plaintiff (LS) (Entered: 03/13/1996)

March 11, 1996
48

Trial brief submitted by plaintiff (LS) (Entered: 03/13/1996)

March 11, 1996
49

Affidavit of Kristy Walters (supporting oral motion of defense counsel for dismissal of defendant Spaulding) (LS) (Entered: 03/13/1996)

March 11, 1996
53

Exhibit list from Trial (LS) (Entered: 03/13/1996)

March 11, 1996
50

MOTION by plaintiff for record and or to continue (PW) (Entered: 03/13/1996)

March 13, 1996
51

MOTION by plaintiff to expedite hearing (PW) (Entered: 03/13/1996)

March 13, 1996
54

ORDER Denying Motion For Transcript And Granting Motion For Continuance by Magistrate Judge Cynthia Imbrogno granting motion to expedite hearing [51-1] denying motion for record and granting motion for continuance until 4/1/96 [50-1] (cc: all counsel) (PW) (Entered: 03/14/1996)

March 14, 1996
55

Response by defendants to motion for record and/or continuance (PW) (Entered: 03/20/1996)

March 20, 1996
56

Proof of service by defendants of: # 55 (PW) (Entered: 03/20/1996)

March 20, 1996
57

Transcript filed (non jury trial proceedings - March 11, 1996 S/CI) (PW) (Entered: 03/21/1996)

March 21, 1996
58

MOTION by plaintiff for investigation (PW) (Entered: 04/04/1996)

April 3, 1996
59

Declaration by plaintiff regarding harassment [58-1] (PW) (Entered: 04/04/1996)

April 4, 1996
60

Proof of service by plaintiff of: # 58 & 59 (PW) (Entered: 04/04/1996)

April 4, 1996
61

MOTION by plaintiff regarding mailing of exhibits (PW) (Entered: 04/05/1996)

April 5, 1996
62

Proof of service by plaintiff of: attached Exhibits 154 - 172 (PW) (Entered: 04/12/1996)

April 12, 1996
63

Objections by defendants to the admission of exhibits [53-1] (PW) (Entered: 04/23/1996)

April 22, 1996
64

Closing Argument by defendants (PW) (Entered: 04/23/1996)

April 22, 1996
65

Proof of service by defendants of: # 63 & 64 (PW) (Entered: 04/23/1996)

April 22, 1996

End file # 2 (PW) (Entered: 05/30/1996)

April 22, 1996
66

Declaration by plaintiff Clayton Crofton In Support Of Antiharassment Motion (ECH) (Entered: 05/02/1996)

May 2, 1996
67

Plaintiff's Closing Reply (ECH) (Entered: 05/02/1996)

May 2, 1996
68

ORDER Granting In Part Plaintiff's Claim For Injunctive Relief And Granting Judgment For Defendants On Remaining Claims by Magistrate Judge Cynthia Imbrogno terminating case COB-143-66 (cc: all counsel) (PW) (Entered: 05/15/1996)

May 14, 1996
69

JUDGMENT:, (cc: all counsel) COB: 143-67 (PW) (Entered: 05/15/1996)

May 14, 1996
71

Memorandum by defendant in support of motion to amend judgment [70- 1] (PW) (Entered: 05/30/1996)

May 29, 1996
72

Notice by defendant of hearing setting motion to amend judgment [70-1] (w/o oral argument 6/17/96 ) (PW) (Entered: 05/30/1996)

May 29, 1996
73

Proof of service by defendants of: # 70 - 72 (PW) (Entered: 05/30/1996)

May 29, 1996
74

Objections by plaintiff to May 14th order [68-2] (PW) (Entered: 05/30/1996)

May 30, 1996
75

Notice of appeal by plaintiff Clayton Crofton from Dist. Court decision [69-1] (cc: all counsel and 9CCA) (SW) (Entered: 05/31/1996)

May 31, 1996
76

Copy 9CCA Docket Fee Payment Notification form. Original Fee Payment form, case information sheet and copy of docket entries forwarded to 9CCA. (SW) (Entered: 05/31/1996)

May 31, 1996
77

MOTION by plaintiff to strike defendants' motion , and impose rule 11 sanctions (PW) (Entered: 06/04/1996)

June 4, 1996
78

Proof of service by plaintiff of: # 77 (PW) (Entered: 06/04/1996)

June 4, 1996
79

ORDER Denying Motions To Amend Judgment And To Impose Sanctions by Magistrate Judge Cynthia Imbrogno denying motion to strike defendants' motion [77-1], denying motion impose rule 11 sanctions [77-2] denying motion to amend judgment [70-1] (cc: all counsel) (PW) (Entered: 06/20/1996)

June 20, 1996
80

TRANSCRIPT DESIGNATION ORDER Date appl filed: 5/31/96 CR: Topper Baker (CCA: 96-35600) Type of Proceeding: Pretrial Conference, Bench Trial Date: 2/22/96, 3/11/96 by Clayton Crofton cc:9cca (VR) (Entered: 06/24/1996)

June 24, 1996
81

MOTION by plaintiff Clayton Crofton to borrow portions of record (VR) (Entered: 06/24/1996)

June 24, 1996
82

COPY of 9CCA Order (CCA: 96-35600) (This appeal is taken in good faith by Magistrate Judge Imbrogno) (VR) (Entered: 06/24/1996)

June 24, 1996
83

COPY of 9CCA Time Schedule Order (CCA: 96-35600) (Transcript designation 7/1/96; Reporter transcript 7/31/96; Opening brief 9/16/96; Appellee's brief 10/16/96;) (VR) (Entered: 06/25/1996)

June 25, 1996
84

ORDER by Magistrate Judge Cynthia Imbrogno granting request for transcript [81-1] (cc: all counsel & Topper Baker - Court Reporter) (VR) (Entered: 06/27/1996)

June 27, 1996
85

COPY of 9CCA Order (Appeal No. 96-35600): W/i 21 days of this order, appellant shall pay initial filing fee of $3.00 or show cause why he is unable to pay fee. Failure to comply w/order shall result in automatice dismissal of appeal. If appellant pays initial filing fee, Clerk shall establish revised briefing schedule and prison officials shall be notified of obligation to collect remainder of $105.00 docketing fee on monthly basis until entire fee is paid. (SW) (Entered: 08/05/1996)

Aug. 5, 1996
86

Copy 9CCA certificate of record - Original forwarded to 9CCA (CCA: 96-35600) (VR) (Entered: 08/08/1996)

Aug. 8, 1996

Notification by Circuit Court of Appellate Docket Number [75-1] 9CCA Number: 96-35600 Date appeal filed: 5/31/96 (FmrEmp) (Entered: 01/17/1997)

Jan. 17, 1997
87

Application by plaintiff for scheduling order Calendar Note: 2/10/97 (LAM) (Entered: 01/27/1997)

Jan. 27, 1997
88

MOTION by plaintiff for contempt of court sanctions (COPY)(LAM) Modified on 01/27/1997 (Entered: 01/27/1997)

Jan. 27, 1997
89

Statement of material facts in support of sum. judg. by plaintiff (COPY) (LAM) Modified on 01/27/1997 (Entered: 01/27/1997)

Jan. 27, 1997
90

Application by plaintiff for discovery (LS) (Entered: 02/07/1997)

Feb. 7, 1997
91

Response by defendant to motion for contempt of court sanctions [88-1] (LS) (Entered: 02/19/1997)

Feb. 18, 1997
92

Response by defendant to application motion for discovery [90-1] (LS) (Entered: 02/20/1997)

Feb. 19, 1997
93

Supplemental Response by defendant to motion for contempt of court sanctions [88-1] (LS) (Entered: 03/21/1997)

March 21, 1997

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: 1994

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison inmate whose claim involves the rejection of his gift magazine subscriptions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Washington State Penitentiary, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1996 - 0

Issues

General:

Mail

Type of Facility:

Government-run