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

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/11675017/parties/prison-legal-news-v-schumacher/


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

3:02-cv-00428

Docket (PACER)

Jan. 31, 2003

Jan. 31, 2003

Docket

99-36084

USCA Opinion

Prison Legal News v. Cook

U. S. Court of Appeals for the Ninth Circuit

238 F.3d 1145

Feb. 7, 2001

Feb. 7, 2001

Order/Opinion

3:02-cv-00428

Stipulation of Dismissal and Settlement Agreement

Jan. 29, 2003

Jan. 29, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11675017/prison-legal-news-v-schumacher/

Last updated July 29, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint For Injunctive Relief, Damages, Punitive Damages, and Attorneys' Fees and Costs(Demand For Jury Trial) Filing Fee collected. Receipt #: 443305 issued. Filed by Prison Legal News against David S. Cook, David Schumacher. (cib, ) (Entered: 04/04/2002)

April 2, 2002

April 2, 2002

PACER
2

Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable Donald C. Ashmanskas. Discovery to be completed by 8/1/2002. Joint Alternate Dispute Resolution Report due by 9/3/2002. Pretrial Order due by 9/3/2002. (cib, ) (Entered: 04/04/2002)

April 2, 2002

April 2, 2002

PACER
3

Order Granting Application for Special Admission Pro Hac Vice of Michael W. Gendler for Prison Legal News. Receipt number 443357 Signed 4/5/02 by Judge Donald C. Ashmanskas. (cib, ) Additional attachment(s) added on 4/8/2002 (Bronson, Shannon). (Entered: 04/08/2002)

April 5, 2002

April 5, 2002

PACER
4

Notice of Case Reassignment : Case reassigned from Judge Donald C. Ashmanskas to Judge Malcolm F. Marsh. (cib, ) (Entered: 04/30/2002)

April 24, 2002

April 24, 2002

PACER
5

Answer to Complaint and Affirmative Defenses (Related Doc # 1 ). Filed by David S. Cook, David Schumacher. (kw, ) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

PACER
6

Waiver of Service of Summons-- Accepted by Assistant State Attorney General Leonard W. Williamson on behalf of Defendants David S. Cook and David Schumacher on 5/30/02.. Filed by David S. Cook, David Schumacher. (kw, ) (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

PACER
7

Fed. R. Civ. P. 26(a)(1) Agreement. Filed by all defendants. (peg, ) (Entered: 06/25/2002)

June 21, 2002

June 21, 2002

PACER
8

Notice of Substitution of Attorney Michael W. Gendler in place of Attorney Marc D. Blackman. Filed by Prison Legal News. (pvh, ) (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

PACER
9

Certificate of Service. (Styled as Declaration of Service). Filed by Prison Legal News. (Related document(s) 8 ) (pvh, ) (Entered: 07/09/2002)

July 8, 2002

July 8, 2002

PACER
10

First Amended Complaint for Injunctive Relief, Damamges, Punitive Damages and Attorney's Fees and Costs. Filed by Prison Legal News against Jayce Duran, Rich Holder, Ben De Haan, David S. Cook, David Schumacher. (cmm, ) (Entered: 07/19/2002)

July 17, 2002

July 17, 2002

PACER
11

Stipulated Motion for Extension of Discovery & PTO Deadlines. Filed by Prison Legal News. (cmm, ) (Entered: 07/19/2002)

July 17, 2002

July 17, 2002

PACER
12

Stipulation for Filing of Plaintiff's First Amended and Supplemental Complaint. Filed by Prison Legal News. (cmm, ) (Entered: 07/19/2002)

July 17, 2002

July 17, 2002

PACER
13

CIVIL MINUTES:Record of Order: Stipulated Motion to Extend Discovery Deadlines & to File First Amended & Supplemental Complaint are Granted. Discovery to be completed by 9/6/2002; Defendants to file their answer to Plaintiffs Amended & Supplemental Complaint by 8/17/02. (Related documents(s) 12, 11 ) Ordered by Judge Malcolm F. Marsh. (Kirk, ) (Entered: 08/05/2002)

July 23, 2002

July 23, 2002

PACER
14

Answer to Amended Complaint and Affirmative Defenses (Related Doc # 10 ). Filed by David S. Cook, Ben De Haan, Jayce Duran, Rich Holder, David Schumacher. (cmm, ) (Entered: 08/20/2002)

Aug. 19, 2002

Aug. 19, 2002

PACER
15

Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by all defendants. (jlr, ) (Entered: 08/22/2002)

Aug. 20, 2002

Aug. 20, 2002

PACER
17

ORDER:Record of Order: Granting Defendants Motion for Extension of Discovery & PTO Deadlines (Related Doc # 15 ); Defendants to answer Plaintiffs interrogatories & requests for production by 9/25/02; Discovery to be completed by 10/15/2002. Dispositive Motions due by 11/4/2002. by Judge Malcolm F. Marsh. (Related documents(s) 15 ) (Kirk, ) (Entered: 08/28/2002)

Aug. 26, 2002

Aug. 26, 2002

PACER
16

Affidavit of Leonard W. Williamson. Filed by all defendants. (Related document(s) 15 ) (jlr, ) (Entered: 08/22/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
18

Motion for Extension of Time (of 45 days to 12/19/02 to file dispositive pretrial motions). Filed by David S. Cook, Ben De Haan, Jayce Duran, Rich Holder, David Schumacher. (kw, ) (Entered: 11/04/2002)

Nov. 4, 2002

Nov. 4, 2002

PACER
19

Affidavit of Lynn D. Larsen (in support of motion for extension of time). Filed by David S. Cook, Ben De Haan, Jayce Duran, Rich Holder, David Schumacher. (Related document(s) 18 ) (kw, ) (Entered: 11/04/2002)

Nov. 4, 2002

Nov. 4, 2002

PACER
20

MINUTE ORDER:Record of Order Granting Defendants' Motion for Extension of Time (Related Doc # 18 ); The deadline for filing Dispositive Motions is extended to 12/6/2002. The parties are advised that no further extensions shall be granted. by Judge Malcolm F. Marsh. (kw, ) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

PACER
21

CIVIL MINUTES:Record of Order -- The deadline for filing dispositive motions is EXTENDED from 12/6/02 to 2/6/2003. (Related documents(s) 10 ) Ordered by Judge Malcolm F. Marsh. (kw, ) (Entered: 12/09/2002)

Dec. 2, 2002

Dec. 2, 2002

PACER
22

CIVIL MINUTES:Record of Order by Judge Ashmanskas -- SETTING a Telephone Settlement Conference before U.S. Magistrate Judge Donald C. Ashmanskas for Wednesday, January 15, 2003, at 9:15AM; Court staff will initiate the call to attorneys Michael Gendler and Leonard Williamson. If others wish to be included please notify the court no later than close of business day, Monday, 1/13/03. (peg, ) (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

PACER
23

Order of Dismissal by Judge Malcolm F. Marsh. The Stipulation of Dismissal and Settlement Agreement is hereby approved. In accordance with that Stipulation and Settlement Agreement, this action is DISMISSED with prejudice and without mandates. Notwithstanding the dismissal of this case, this Court shall retain jurisdiction over the case for purposes of enforcing this Settlement Agreement for one year. Either party may request a status conference for any reason, including to request termination of the Court's jurisdiction. Signed 1/31/03 (kw, ) (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

PACER

Case Details

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