Case: Prison Legal News v. Schumacher

3:02-cv-00428 | U.S. District Court for the District of Oregon

Filed Date: April 2, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

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 Ne…

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)

People


Judge(s)

Beezer, Robert R. (Washington)

Graber, Susan (Oregon)

Rymer, Pamela Ann (California)

Attorneys(s) for Plaintiff

Blackman, Marc D. (Oregon)

Gendler, Michael W. (Washington)

Stiltner, Samuel J. (Washington)

Attorneys(s) for Defendant

Hutchins, Christina M. (Oregon)

Larsen, Lynn David (Oregon)

Williamson, Leonard W. (Oregon)

Judge(s)

Beezer, Robert R. (Washington)

Graber, Susan (Oregon)

Rymer, Pamela Ann (California)

Attorneys(s) for Plaintiff

Blackman, Marc D. (Oregon)

Gendler, Michael W. (Washington)

Stiltner, Samuel J. (Washington)

Attorneys(s) for Defendant

Hutchins, Christina M. (Oregon)

Larsen, Lynn David (Oregon)

Williamson, Leonard W. (Oregon)

Documents in the Clearinghouse

Document

Docket (PACER)

Jan. 31, 2003 Docket

USCA Opinion

Prison Legal News v. Cook

U. S. Court of Appeals for the Ninth Circuit

238 F.3d 1145

Feb. 7, 2001 Order/Opinion

Stipulation of Dismissal and Settlement Agreement

Jan. 29, 2003 Settlement Agreement

Resources

Title Description External URL

Prison Legal News Homepage

Prison Legal News

Prison Legal News (PLN), a project of the non-profit Human Rights Defense Center, is a 72-page monthly magazine that reports on criminal justice issues and prison and jail-related civil litigation, w… https://www.prisonlegalnews.org/

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: Oregon

Case Type(s):

Prison Conditions

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):

Private Plaintiff

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:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Mail

Type of Facility:

Government-run