Case: Stewart v. Walter

2:97-cv-00281 | U.S. District Court for the Eastern District of Washington

Filed Date: July 18, 1997

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On July 18, 1997, a Washington state inmate brought a pro se civil rights action pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Washington, alleging that defendants violated his First Amendment rights when they refused to allow him to receive two books sent directly from the publisher and paid for by his sister. The inmate sought injunctive relief and monetary damages.On June 30, 1998, the District Court (Judge Fred Van Sickle) granted defendant's motion fo…

On July 18, 1997, a Washington state inmate brought a pro se civil rights action pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Washington, alleging that defendants violated his First Amendment rights when they refused to allow him to receive two books sent directly from the publisher and paid for by his sister. The inmate sought injunctive relief and monetary damages.

On June 30, 1998, the District Court (Judge Fred Van Sickle) granted defendant's motion for summary judgment and dismissed the case. The inmate appealed pro se.

The Ninth Circuit Court of Appeals (Circuit Judge Schroeder) reversed in part and affirmed in part. The Court cited the opinion in Crofton v. Roe, 170 F.3d 957, 959-61 (9th Cir.1999) [PC-WA-5 of this collection] in holding that the prison policy at issue violated the First Amendment and that the District Court erred in granting summary judgment on that issue. The Appeals Court affirmed on the issue of dismissal of plaintiff's damage claim. Stewart v. Walter, 188 F.3d 515(9th Cir. 1999). On remand, the District Court entered an injunction in accordance with the Ninth Circuit's opinion.

We have no further information on this case.

Summary Authors

Dan Dalton (2/17/2007)

Related Cases

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

People


Judge(s)

Choy, Herbert Young Cho (Hawaii)

Skopil, Otto Richard Jr. (Oregon)

Van Sickle, Frederick L. (Washington)

Wiggins, Charles Edward (California)

Attorneys(s) for Defendant

Mentzer, Eric (Washington)

Judge(s)

Choy, Herbert Young Cho (Hawaii)

Skopil, Otto Richard Jr. (Oregon)

Van Sickle, Frederick L. (Washington)

Wiggins, Charles Edward (California)

Attorneys(s) for Defendant

Mentzer, Eric (Washington)

Documents in the Clearinghouse

Document

2:97-cv-00281

Docket (PACER)

Oct. 13, 1999

Oct. 13, 1999

Docket

98-35804

Memorandum

U. S. Court of Appeals for the Ninth Circuit

188 F.3d 515, 1999 WL 613395

Aug. 12, 1999

Aug. 12, 1999

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link

COMPLAINT (Summons) Fee-status: ifp Receipt #: ifp (FmrEmp) (Entered: 07/18/1997)

July 18, 1997

July 18, 1997

1

COMPLAINT (Summons(es) issued) Fee-status: ifp Receipt #: ifp (FmrEmp) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

Text not available. (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

2

ORDER TO PROCEED IN FORMA PAUPERIS, DISMISSING COMPLAINT IN PART WITH PREJUDICE, AND DIRECTING SERVICE (by Judge Fred L. Van Sickle); USM directed to serve dft; response due 10/14/97; IT IS ORDERED Pltff's application to proceed in forma pauperis is GRANTED and the District Court Executive is DIRECTED to file the Complaint; IT IS ORDERED Pltff's claims against the State of Washington and the Department of Corrections are DISMISSED WITH PREJUDICE as they have not basis in law or fact; Defendants Department of Corrections and State of Washington are DISMISSED. The District Court Executive is DIRECTED to terminate these two Defendants from this action and remove their names from the caption of the complaint. (cc: counsel) (FmrEmp) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

3

ATTORNEY APPEARANCE for defendant Kay Walter, defendant Tom Rolfs, defendant McKee ; Atty Eric Andrew Mentzer appearing (PW) (Entered: 09/15/1997)

Sept. 15, 1997

Sept. 15, 1997

Law Clerk assigned to case is 02 (CR) (Entered: 09/17/1997)

Sept. 17, 1997

Sept. 17, 1997

4

SUMMONS/RETURN OF SERVICE executed upon defendant Kay Walter, defendant Tom Rolfs, defendant Ronald N McKee (PW) (Entered: 09/26/1997)

Sept. 25, 1997

Sept. 25, 1997

5

MOTION by plaintiff for appointment of counsel (PW) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

6

Notice by plaintiff Tommie L Stewart of hearing setting motion for appointment of counsel [5-1] (w/o oral argument 11/28/97 ) (PW) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

7

Proof of service by plaintiff of: #5 & 6 (PW) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

8

Defendants' Written Status Report And ... (ECH) (Entered: 10/31/1997)

Oct. 30, 1997

Oct. 30, 1997

8

...Discovery Plan pur. to FRCP 26(F) (ECH) (Entered: 10/31/1997)

Oct. 30, 1997

Oct. 30, 1997

9

MOTION by defendants for summary judgment (LE) (Entered: 11/03/1997)

Oct. 31, 1997

Oct. 31, 1997

10

Memorandum by defendants in support of motion for summary judgment [9-1] (LE) (Entered: 11/03/1997)

Oct. 31, 1997

Oct. 31, 1997

11

Statement of Material Fact by defendant in support of motion for summary judgment [9-1] (LE) (Entered: 11/03/1997)

Oct. 31, 1997

Oct. 31, 1997

12

Notice by defendants setting hearing on motion for summary judgment [9-1] (w/o oral argument 12/22/97 ) (LE) (Entered: 11/03/1997)

Oct. 31, 1997

Oct. 31, 1997

Proposed Order Granting Defendants' Motion for summary judgment [9- 1] submitted by defendant (LE) (Entered: 11/03/1997)

Oct. 31, 1997

Oct. 31, 1997

13

Proof of service by defendant of: #9-#12 & Proposed Order (LE) (Entered: 11/03/1997)

Oct. 31, 1997

Oct. 31, 1997

14

Letter to court from plaintiff (LE) (Entered: 11/06/1997)

Nov. 6, 1997

Nov. 6, 1997

TELEPHONIC SCHEDULING CONFERENCE HELD : S/FVS; no court reporter (PW) (Entered: 11/14/1997)

Nov. 13, 1997

Nov. 13, 1997

15

ORDER by Judge Fred L. Van Sickle denying motion for appointment of counsel [5-1] striking hearing on [9-1] motion for summary judgment ; Telephone status conf set 8:45 12/17/97 Spokane, WA , deft to initiate the call (cc: all counsel) (PW) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

16

MOTION by plaintiff for sanctions (PW) (Entered: 11/24/1997)

Nov. 24, 1997

Nov. 24, 1997

17

Notice by plaintiff of hearing setting motion for sanctions [16-1] (w/o oral argument 12/23/97 ) (PW) (Entered: 11/24/1997)

Nov. 24, 1997

Nov. 24, 1997

Proposed order re: motion for sanctions [16-1] (PW) (Entered: 11/24/1997)

Nov. 24, 1997

Nov. 24, 1997

18

Proof of service by plaintiff of: #16 & 17 (PW) (Entered: 11/24/1997)

Nov. 24, 1997

Nov. 24, 1997

19

Proof of service by plaintiff of: letter to Clerk (PW) (Entered: 11/26/1997)

Nov. 26, 1997

Nov. 26, 1997

20

Response by defendants to motion for sanctions [16-1] (PW) (Entered: 12/01/1997)

Nov. 28, 1997

Nov. 28, 1997

21

Proof of service by plaintiff of: letter re legal property (PW) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

SCHEDULING CONFERENCE HELD : S/FVS; no court reporter (PW) (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

22

ORDER by Judge Fred L. Van Sickle denying motion for sanctions [16- 1] Pltf's response to motion for SJ to be filed and served on or before 1/20/98; reply by 1/28/98 (cc: all counsel) (PW) (Entered: 12/18/1997)

Dec. 18, 1997

Dec. 18, 1997

23

AMENDED CIVIL RIGHTS COMPLAINT (PW) (Entered: 12/29/1997)

Dec. 29, 1997

Dec. 29, 1997

24

MOTION by plaintiff to file amended complaint and notice of motion (PW) (Entered: 12/29/1997)

Dec. 29, 1997

Dec. 29, 1997

25

Proof of service by plaintiff of: #23 & 24 (PW) (Entered: 12/29/1997)

Dec. 29, 1997

Dec. 29, 1997

27

ORDER by Judge Fred L. Van Sickle Ruling on motion for summary judgment [9-1] is reserved denying motion to file amended complaint [24-1] (cc: all counsel) (PW) (Entered: 04/07/1998)

April 7, 1998

April 7, 1998

28

ORDER by Judge Fred L. Van Sickle denying defendant's motion for summary judgment with leave to renew [9-1] (cc: all counsel) (PW) (Entered: 05/06/1998)

May 5, 1998

May 5, 1998

29

Reply by defendants re motion for summary judgment [9-1] (PW) (Entered: 05/06/1998)

May 6, 1998

May 6, 1998

30

Renoted motion for summary judgment by defendants [9-1] (PW) (Entered: 05/13/1998)

May 13, 1998

May 13, 1998

31

ReNotice by defendant of hearing setting motion for summary judgment [9-1] (w/o oral argument 7/6/98 ) (PW) (Entered: 05/13/1998)

May 13, 1998

May 13, 1998

32

Proof of service by defendants of: #30,31 (PW) (Entered: 05/13/1998)

May 13, 1998

May 13, 1998

33

Reply by plaintiff to defendants' renotice of hearing [31-1] (PW) (Entered: 05/22/1998)

May 22, 1998

May 22, 1998

34

ORDER by Judge Fred L. Van Sickle granting defendant's motion for summary judgment [9-1] terminating case COB: 159-87 (cc: all counsel) (PW) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

35

JUDGMENT:, (cc: all counsel) COB: 159-88 (PW) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

36

MOTION by defendants to publish (PW) (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

37

Memorandum by defendant in support of motion to publish [36-1] (PW) (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

38

Notice by defendant of hearing setting motion to publish [36-1] (w/o oral argument 8/11/98 ) (PW) (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

39

Proof of service by defendants of: #36-38 (PW) (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

Proposed order re: motion to publish [36-1] submitted by defendants (PW) (Entered: 07/10/1998)

July 10, 1998

July 10, 1998

40

ORDER by Judge Fred L. Van Sickle denying motion to publish [36-1] (cc: pro se plaintiff & all counsel) (LE) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

43

Notice of appeal by plaintiff from Dist. Court decision Final Judgment dated 6/30/98 [34-2] (cc: all counsel and 9CCA) (KH) (Entered: 08/21/1998)

July 27, 1998

July 27, 1998

41

Memorandum by plaintiff in opposition to defendant's motion to publish (PW) Modified on 08/02/1998 (Entered: 07/30/1998)

July 29, 1998

July 29, 1998

44

Copy 9CCA Docket Fee Payment Notification form. Original Fee Payment form, case information sheet and copy of docket entries forwarded to 9CCA. (KH) (Entered: 08/21/1998)

Aug. 21, 1998

Aug. 21, 1998

45

Copy 9CCA certificate of record, no reported recorded hearings - Original forwarded to 9CCA (KH) (Entered: 08/21/1998)

Aug. 21, 1998

Aug. 21, 1998

46

PETITION FOR ISSUANCE OF CERTIFCATE OF PROBABLE CAUSE IN APPEAL by plaintiff Tommie L Stewart Certificate of Appealibity. (KH) (Entered: 08/27/1998)

Aug. 26, 1998

Aug. 26, 1998

47

Notification by Circuit Court of Appellate Docket Number [43-1] 9CCA Number: 98-35804 Date appeal filed: 7/27/98 (KH) (Entered: 08/31/1998)

Aug. 31, 1998

Aug. 31, 1998

48

ORDER by Judge Fred L. Van Sickle, Plaintiff's petition for a certificate of probable cause is denied as moot. DCE shall enter this order and furnish copies to Pltf and to counsel for the defense (cc: all counsel) (KH) (Entered: 08/31/1998)

Aug. 31, 1998

Aug. 31, 1998

49

ORDER by Judge Fred L. Van Sickle (This appeal has been taken in good faith) (cc: all counsel) (KH) (Entered: 10/06/1998)

Oct. 6, 1998

Oct. 6, 1998

50

COPY of 9CCA Order. (IFP has been granted, The appropriate agency or prison authority shall calculate, collect and forward the appeal payments to the District Court) 9CCA: 98-35804 (KH) (Entered: 12/07/1998)

Dec. 7, 1998

Dec. 7, 1998

Appeal record returned from 9CCA. 9CCA: 98-35804 (KH) (Entered: 09/15/1999)

Sept. 15, 1999

Sept. 15, 1999

51

Mandate from 9CCA. 9CCA: 98-35804 reversing in part, affirmed in part and remanded - defs are entitled to quanlfied immunity from Stewart's claim for damages;Stewart is entitled on remand to injunctive relief; Each side will bear its own costs [Appeal [43-1] (cc: all counsel) (VR) (Entered: 09/27/1999)

Sept. 23, 1999

Sept. 23, 1999

52

ORDER of injunction by Judge Fred L. Van Sickle (cc: all counsel) (VR) (Entered: 10/14/1999)

Oct. 13, 1999

Oct. 13, 1999

Case Details

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 18, 1997

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Washington State prisoner alleging that defendants violated his First Amendment rights when they refused to allow him to possess two books sent directly from the publisher and paid for by his sister

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Washington Department of Corrections (Washington State Prison), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

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:

Litigation

Order Duration: 1999 - 0

Issues

General:

Failure to supervise

Library (non-law) access

Loss or damage to property

Mail

Type of Facility:

Government-run