Filed Date: April 2, 2002
Closed Date: 2003
Clearinghouse coding complete
On April 2, 2002, the Prison Legal News (PLN) 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 (ODOC), alleging that the defendants' inmate 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. This case followed a similar federal court action that PLN filed against the ODOC. See Prison Legal News v. Cook, 238 F.3d 1145 (9th Cir. 2001)( located at PC-OR-4).
Prior to the filing of any substantive motions, the case was settled. On January 31, 2003, the District Court (Judge Malcolm F. Marsh) approved the Stipulation of Dismissal and Settlement Agreement and dismissed the case with prejudice. The Court retained jurisdiction over the case for purposes of enforcing this Settlement Agreement for one year.
Under the terms of the Settlement Agreement, the ODOC acknowledged that the PLN magazine was a permitted type of mail and that PLN was an approved book distributor/vendor. The ODOC agreed to purchase and maintain in all prison libraries the monthly PLN magazine for a period of two years. The ODOC also agreed to pay PLN $15,500 and to pay its attorneys' fees and costs of approximately $40,000.00.
According to the PACER docket, the case remained closed following dismissal.
Summary Authors
Dan Dalton (5/17/2007)
Beezer, Robert R. (Washington)
Graber, Susan (Oregon)
Rymer, Pamela Ann (California)
Blackman, Marc D. (Oregon)
Gendler, Michael W. (Washington)
Stiltner, Samuel J. (Washington)
Hutchins, Christina M. (Oregon)
Larsen, Lynn David (Oregon)
Williamson, Leonard W. (Oregon)
Beezer, Robert R. (Washington)
Graber, Susan (Oregon)
Rymer, Pamela Ann (California)
Blackman, Marc D. (Oregon)
Gendler, Michael W. (Washington)
Stiltner, Samuel J. (Washington)
Hutchins, Christina M. (Oregon)
Larsen, Lynn David (Oregon)
Williamson, Leonard W. (Oregon)
Last updated May 12, 2022, 8 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oregon
Case Type(s):
Key Dates
Filing Date: April 2, 2002
Closing Date: 2003
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):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Oregon Department of Corrections, State
Case Details
Causes of Action:
Constitutional Clause(s):
Availably Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
General:
Type of Facility: