Case: Miniken v. Walter

2:96-cv-00407 | U.S. District Court for the Eastern District of Washington

Filed Date: July 24, 1996

Closed Date: 1988

Clearinghouse coding complete

Case Summary

On July 24, 1996, Donald W. Miliken, an inmate at the Airways Heights Corrections Center (AHCC) in Washington, filed a lawsuit pro se under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Washington against the Attorney General of Washington. Plaintiff eventually retained a private attorney. He claimed that the defendant violated his First and Fourteenth Amendment rights by failing to deliver the Prison Legal News, a publication to which he subscribed, without…

On July 24, 1996, Donald W. Miliken, an inmate at the Airways Heights Corrections Center (AHCC) in Washington, filed a lawsuit pro se under 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Washington against the Attorney General of Washington. Plaintiff eventually retained a private attorney. He claimed that the defendant violated his First and Fourteenth Amendment rights by failing to deliver the Prison Legal News, a publication to which he subscribed, without any notice of mail rejection. He had been previously receiving the publication while he was incarcerated at another facility, the Washington State Penitentiary. Miliken claimed that AHCC's bulk mail policy, which prohibited subscription publications from nonprofit organization, was unconstitutionally applied to his subscription to Prison Legal News.

On August 26, 1997, the district court (Judge Justin Lowe Quackenbush) granted plaintiff's motion for summary judgment and enjoined the defendant from prohibiting delivery of the Prison Legal News. Miniken v. Walter, 978 F.Supp. 1356 (E.D.Wash. 1997). The court also denied defendant's motion for summary judgment regarding qualified immunity and directed the parties to file statements as to an appropriate damage award. On October 15, 1997, Judge Quackenbush awarded plaintiffs nominal damages, attorneys' fees, and costs and stayed the request for punitive damages. Miniken v. Walter, 1997 WL 778753 (E.D.Wash. Oct. 15, 1997). On November 2, 1998, the Court of Appeals for the Ninth Circuit dismissed the appeal pursuant to stipulation of the parties that each would pay its own costs and fees.

Summary Authors

Angela Heverling (4/17/2006)

Related Cases

Humanists of Washington v. Lehman, Western District of Washington (1997)

People


Judge(s)

Quackenbush, Justin Lowe (Washington)

Attorneys(s) for Plaintiff

Evans, Colleen B. (Washington)

Gendler, Michael W. (Washington)

Attorneys(s) for Defendant

Krier, Nancy Joan (Washington)

Mentzer, Eric (Washington)

Wyckoff, Martin E. (Washington)

Judge(s)

Quackenbush, Justin Lowe (Washington)

Attorneys(s) for Plaintiff

Evans, Colleen B. (Washington)

Gendler, Michael W. (Washington)

Attorneys(s) for Defendant

Krier, Nancy Joan (Washington)

Mentzer, Eric (Washington)

Wyckoff, Martin E. (Washington)

Documents in the Clearinghouse

Document

Docket (PACER)

Nov. 2, 1998 Docket
55

Memorandum Opinion and Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment

978 F.Supp. 1356

Aug. 26, 1997 Order/Opinion
67

Order

Minikin v. Walter

1997 WL 778753

Oct. 15, 1997 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

End file #3 (LE) (Entered: 05/15/1998)

May 15, 1998
81

Notice of Withdrawal and Substitution of counsel: Nancy Joan Krier, Eric Andrew Mentzer replacing attorney Colleen B Evans and Mary E. Fairhurst for David Buss, attorney Colleen B Evans and Mary E Fairhurst for Kay Walter (LE) (Entered: 05/14/1998)

May 14, 1998
80

ORDER by Senior Judge Justin L. Quackenbush granting motion To Publish Memorandum Opinion [74-1] (cc: all counsel) (ECH) (Entered: 12/18/1997)

Dec. 16, 1997
79

COPY of 9CCA Time Schedule Order (KH) (Entered: 12/03/1997)

Dec. 3, 1997
78

Notification by Circuit Court of Appellate Docket Number [69-1] 9CCA Number: 97-36072 Date appeal filed: 11/13/97 (KH) (Entered: 12/03/1997)

Dec. 3, 1997
77

Proof of service by plaintiff Donald W Miniken of: pldgs. #74-76 (ECH) (Entered: 11/28/1997)

Nov. 28, 1997
76

Notice by plaintiff Donald W Miniken of hearing setting motion To Publish Memorandum Opinion [74-1] (w/o oral argument 4:30 1/5/98 ) (ECH) (Entered: 11/28/1997)

Nov. 28, 1997
75

Plaintiff's Memorandum In Support Of Motion To Publish Memorandum Opinion [74-1] (ECH) (Entered: 11/28/1997)

Nov. 28, 1997
74

Plaintiff's MOTION To Publish Memorandum Opinion (ECH) (Entered: 11/28/1997)

Nov. 28, 1997
73

Costs taxed for plaintiff Donald W Miniken in the amount of $ 1,601.27 against Kay Walter, David Buss (cc: all counsel) (ECH) (Entered: 11/21/1997)

Nov. 21, 1997
72

Copy 9CCA certificate of record - Original forwarded to 9CCA (KH) (Entered: 11/20/1997)

Nov. 20, 1997
71

Copy 9CCA Docket Fee Payment Notification form. Original Fee Payment form, case information sheet and copy of docket entries forwarded to 9CCA. Fee paid: Receipt 038227 (KH) Modified on 11/20/1997 (Entered: 11/20/1997)

Nov. 20, 1997
70

Declaration by plaintiff Donald W Miniken re appeal [69-1] (KH) (Entered: 11/20/1997)

Nov. 13, 1997
69

Notice of appeal by plaintiff Donald W Miniken from Dist. Court decision: Order directing Entry of Judgment, Staying request for Punitive Damages and awarding reasonable atty fees dated 10/15/97 [67-2] (cc: all counsel and 9CCA) (KH) (Entered: 11/20/1997)

Nov. 13, 1997

Bill of costs submitted by plaintiff Donald W Miniken (ECH) (Entered: 10/24/1997)

Oct. 24, 1997
68

JUDGMENT: by Senior Judge Justin L. Quackenbush (cc: all counsel) COB: 154-85 (ECH) (Entered: 10/15/1997)

Oct. 15, 1997
66

COPY of 9CCA Time Schedule Order (CCA: 97-35913) (Opening brief 11/12/97; Appellee's brief 12/12/97) (VR) (Entered: 10/06/1997)

Oct. 6, 1997
65

Notification by Circuit Court of Appellate Docket Number [62-1] 9CCA Number: 97-35913 Date appeal filed: 9/24/97 (VR) (Entered: 10/06/1997)

Oct. 6, 1997
64

Copy 9CCA certificate of record - Original forwarded to 9CCA (NO REPORTED/RECORDED PROCEEDINGS) (VR) (Entered: 09/26/1997)

Sept. 26, 1997
63

Copy 9CCA Docket Fee Payment Notification form. Original Fee Payment form, case information sheet and copy of docket entries forwarded to 9CCA. (VR) (Entered: 09/26/1997)

Sept. 26, 1997
61

Supplemental Statement of costs by plaintiff, (PW) (Entered: 09/25/1997)

Sept. 25, 1997
62

Notice of appeal by defendant Kay Walter, defendant David Buss from Dist. Court decision - Memorandum Opinion & Order Granting Pltff's Motion for Summary Judgment & Denying Defts' Motion for Summary Judgment filed 8/26/97 [55-1] (cc: all counsel and 9CCA) (VR) (Entered: 09/26/1997)

Sept. 24, 1997
60

Plaikntiff's Reply To Defendants' Statement On Damages And Reasonable Attorneys' Fees [59-1] (ECH) (Entered: 09/23/1997)

Sept. 22, 1997
59

Defendants' Statement In Opposition To Plaintiff's Statement On Damages And Statement On Reasonable Attorneys' Fees (ECH) (Entered: 09/18/1997)

Sept. 18, 1997
58

Proof of service by plaintiff Donald W Miniken of: pldgs. #56 & 57 (ECH) (Entered: 09/12/1997)

Sept. 12, 1997
57

Plaintiff's Statement On Reasonable Attorneys' Fees (ECH) (Entered: 09/12/1997)

Sept. 12, 1997
56

Plaintiff's Statement On Damages (ECH) (Entered: 09/12/1997)

Sept. 12, 1997
55

Memorandum Opinion And Order Granting Plaintiff's Motion For Summary Judgment And Denying Defendants' Motion For Summary Judgment by Senior Judge Justin L. Quackenbush - IT IS FURTHER ORDERED: 1. Defendants are HEREBY PERMANENTLY ENJOINED from prohibiting delivery of an inmate's paid-for subscription to a profit or nonprofit publication based only on the fact that it is mailed to the inmate by "standard mail." This injunction in no way prohibits Defendants from prohibiting mass mailings or other truly "bulk mail" that are mailed to the institution by "standard mail." 2. On or before September 12, 1997 the parties shall serve and file any statement concerning an appropriate damage award. Plaintiff is also entitled to recover his reasonable attorney fees. On or before September 12, 1997, counsel for Plaintiff shall serve and file a statment setting forth the hours expended and the reasonable fee per hour to litigate this case. Defendants shall serve and file any objections on or before September 19, 1997. The court will then direct entry of a Final Judgment including an appropriate award of damages and a reasonable award of attorney fees. denying motion [20-1] (cc: all counsel) COB: 153-83 (ECH) (Entered: 08/26/1997)

Aug. 26, 1997
54

Defendants' Reply Memorandum In Support Of Defendants' Motion For Summary Judgment And In Opposition To Plaintiff's Cross-Motion For Summary Judgment [20-1] (ECH) (Entered: 05/13/1997)

May 12, 1997
53

Proof of service by defendants of: pldgs #51 & 52 (ECH) (Entered: 05/12/1997)

May 12, 1997
52

Declaration Of Colleen B. Evans In Support Of Motin For Summary Judgment [20-1] (ECH) (Entered: 05/12/1997)

May 12, 1997
51

Defendants' Supplemental Statement Of Material Facts In Support Of Defendants' Motion For Summary Judgment And In Opposition To Plaintiff's Cross-Motion For Summary Judgment [20-1] (ECH) (Entered: 05/12/1997)

May 12, 1997
50

Supplemental Declaration Of Michael W. Gendler Re: Summary Judgment [20-1] (ECH) (Entered: 05/09/1997)

May 8, 1997
49

NOTICE of Attorney Withdrawal attorney Martin E Wyckoff for David Buss, attorney Martin E Wyckoff for Kay Walter (ECH) (Entered: 05/07/1997)

May 7, 1997
48

ORDER APPROVING STIPULATION AND REVISING SCHEDULING ORDER by Senior Judge Justin L. Quackenbush granting stipulation [37-1] IT IS HEREBY ORDERED: 1. The fparties' stipulation is approved; 2. Plaintiff's response shall be due on or before April 25, 1997; 3. Defendants' reply to plaintiff 's response shall be due on or before May 12, 1997; 4. Oral argument on defendants' motion for summary judgment, if requested, shall be set by the court once briefing on the motion is completed. (cc: all counsel) (ECH) (Entered: 05/02/1997)

May 2, 1997
47

Proof of service by Donald W Miniken of: pldgs. #38-46 (ECH) (Entered: 04/25/1997)

April 25, 1997
46

Declaration Of Steven W. Ritchie (ECH) (Entered: 04/25/1997)

April 25, 1997
45

Declaration Of Brian K. Richardson (ECH) (Entered: 04/25/1997)

April 25, 1997
44

Declaration Of Harold J. Tapia (ECH) (Entered: 04/25/1997)

April 25, 1997
43

Declaration Of Julya Hampton (ECH) (Entered: 04/25/1997)

April 25, 1997
42

Declaration Of Michael W. Gendler Re: Summary Judgment (ECH) (Entered: 04/25/1997)

April 25, 1997
41

Declaration Of Rollin Wright (ECH) (Entered: 04/25/1997)

April 25, 1997
40

Declaration If Donald W. Miniken In Opposition To Defendants' Motion For Summary Judgment [20-1] (ECH) (Entered: 04/25/1997)

April 25, 1997
39

Plaintiff's Statement Of Material Facts In Opposition To Defendants' Motion For Summary Judgment And In Support Of Plaintiff's Cross Motion For Summary Judgment [20-1] (ECH) (Entered: 04/25/1997)

April 25, 1997
38

Plaintiff's Memorandum In Opposition To Defendants' Motion For Summary Judgment, [20-1] And In Support Of Cross-Motion (ECH) Modified on 04/25/1997 (Entered: 04/25/1997)

April 25, 1997
37

Stipulation on Summary Judgment Briefing (LAM) (Entered: 04/24/1997)

April 23, 1997
36

ORDER Granting Motion For Leave To Take Depositions And For Expedited Hearing by Senior Judge Justin L. Quackenbush granting plaintiff's motion For Leave To Take Depositions [31-1], granting motion For Expedited Ruling [31-2] defendants Kay Walter and David Buss shall sit for their depositions on or before 4/16/97 at a time and place to be agreed upon by counsel (cc: all counsel) (PW) (Entered: 04/11/1997)

April 11, 1997
35

Proof of service by plaintiff of: pldgs. #31-34 & Proposed Order (ECH) (Entered: 04/07/1997)

April 7, 1997

Proposed Order re: motion For Leave To Take Depositions [31-1], motion For Expedited Ruling [31-2] submitted by plaintiff Donald W Miniken (ECH) (Entered: 04/07/1997)

April 7, 1997
34

Notice by plaintiff of hearing setting motion For Leave To Take Depositions [31-1] (w/o oral argument 4:30 5/9/97 ), setting motion For Expedited Ruling [31-2] (w/o oral argument 4:30 5/9/97 ) (ECH) (Entered: 04/07/1997)

April 7, 1997
33

Declaration Of Michael W. Gendler In Support Of Motion For Leave To Take Depositions [31-1], And For Expedited Ruling [31-2] (ECH) (Entered: 04/07/1997)

April 7, 1997
32

Plaitniff's Memorandum In Support Of Motion For Leave To Take Depositions [31-1] And, For Expedited Ruling [31-2] (ECH) (Entered: 04/07/1997)

April 7, 1997
31

Plaitniff's MOTION For Leave To Take Depositions And For Expedited Ruling (ECH) (Entered: 04/07/1997)

April 7, 1997
30

ORDER APPROVING STIPULATION AND REVISING SCHEDULING ORDER by Senior Judge Justin L. Quackenbush IT IS HEREBY ORDERED: 1. The parties' stipulation is approved: 2. Plaintiff's response shall be due on or before April 23, 1997; 3. Defendants' reply to plaintiff's response shall be due on or before May 7, 1997. 4. Oral argument on defendants' motion for summary judgment, if requested, shall be set by the court once briefing on the motion is completed. stipulation [29-1] (cc: all counsel) (ECH) (Entered: 04/03/1997)

April 3, 1997

Proposed Order re: stipulation [29-1] (ECH) (Entered: 03/28/1997)

March 27, 1997
29

Stipulation On Summary Judgment Briefing (ECH) (Entered: 03/28/1997)

March 27, 1997
28

Proof of service by plaintiff Donald W Miniken of: pldgs. # 26 & 27 (ECH) (Entered: 03/24/1997)

March 24, 1997
27

Plaintiff's Re-Submission Of Plaintiff's Reply Memorandum In Support Of Motion For Preliminary Injunction (ECH) (Entered: 03/24/1997)

March 24, 1997
26

ATTORNEY APPEARANCE for Donald W Miniken ; Atty Michael W Gendler appearing (ECH) (Entered: 03/24/1997)

March 24, 1997
25

Letter to court from plaintiff Donald W Miniken (ECH) (Entered: 03/07/1997)

March 7, 1997
23

Proof of service by defendants of: pldgs. #20-22 & Proposed Order (ECH) (Entered: 03/03/1997)

March 3, 1997

Proposed Order re: motion [20-1] submitted by defendants (ECH) (Entered: 03/03/1997)

March 3, 1997
22

Notice by defendants of hearing setting motion [20-1] (w/o oral argument 4:30 4/28/97 ) (ECH) (Entered: 03/03/1997)

March 3, 1997
21

Defendants' Statement Of Material Facts In Support Of Defendants' Motion For Summary Judgment [20-1] (ECH) (Entered: 03/03/1997)

March 3, 1997
20

Defendants' Memorandum In Support Of Defendants' Motion For Summary Judgment (ECH) (Entered: 03/03/1997)

March 3, 1997
19

ORDER by Senior Judge Justin L. Quackenbush finding the motion For Extension Of Time To File Plaitniff's Reply To Defendants Opposition To Motion For Temporary Restraining Order And/Or Preliminary Injunction [8-1] moot. (cc: all counsel) (ECH) (Entered: 02/10/1997)

Feb. 10, 1997
18

Notice by defendants of association of attorney Martin E Wyckoff (ECH) (Entered: 12/02/1996)

Nov. 29, 1996
17

SCHEDULING ORDER by Senior Judge Justin L. Quackenbush Disp mtn ddl: 3/3/97, Defts shall file their motion for summary judgment; resp by 3/31/97; reply by 4/10/97; telep oral arg, if requested shall be set by court once briefing is completed (cc:all counsel) (PW) (Entered: 11/25/1996)

Nov. 25, 1996
16

Proof of service by defendants of: #15 (PW) (Entered: 11/25/1996)

Nov. 22, 1996
15

ANSWER by defendants (PW) (Entered: 11/25/1996)

Nov. 22, 1996

Telephonic Status Conference Hearing : before Senior Judge Justin L. Quackenbush Hrg Location: Spokane; no court reporter (ECH) (Entered: 11/22/1996)

Nov. 22, 1996
14

Plaintiff's Status Report (ECH) (Entered: 11/13/1996)

Nov. 12, 1996
13

Report Of Parties' 26(f) Meeting (ECH) (Entered: 11/13/1996)

Nov. 12, 1996
12

Declaration Of Donald W. Miniken In Support Of Motion For Temporary Restraining Order And/Or Preliminary Injunction (ECH) (Entered: 11/07/1996)

Nov. 7, 1996
11

SUMMONS/RETURN OF SERVICE executed upon defendant Kay Walter, defendant David Buss (ECH) (Entered: 10/22/1996)

Oct. 22, 1996
8

MOTION by plaintiff Donald W Miniken For Extension Of Time To File Plaitniff's Reply To Defendants Opposition To Motion For Temporary Restraining Order And/Or Preliminary Injunction (ECH) (Entered: 09/19/1996)

Sept. 19, 1996
10

Proof of service by plaintiff Donald W Miniken of: pldgs #8 & 9 (ECH) (Entered: 09/19/1996)

Sept. 18, 1996
7

WAIVER of SERVICE by defendant Kay Walter ; (ECH) (Entered: 09/18/1996)

Sept. 18, 1996
6

WAIVER of SERVICE by defendant David Buss (Fax copy) (ECH) (Entered: 09/16/1996)

Sept. 16, 1996
5

Defendants' Memorandum In Opposition To Plaintiff's Motion For Temporary Restraining Order And/Or Preliminary Injunctive Relief (ECH) (Entered: 09/05/1996)

Sept. 4, 1996
4

ATTORNEY APPEARANCE for defendants ; Atty Colleen B Evans appearing (ECH) (Entered: 09/05/1996)

Sept. 3, 1996

Law Clerk assigned to case is pp (admin) (Entered: 08/29/1996)

Aug. 29, 1996
3

ORDER OF REFERENCE TO FEDERAL JUDICIAL MEDIATOR by Senior Judge Justin L. Quackenbush IT IS ORDERED that: 1. This case is REFERRED to Federal Judicial Mediator, Frank Hayes Johnson, for evaluation and mediation. (cc: all counsel) (ECH) (Entered: 08/26/1996)

Aug. 26, 1996
2

ORDER DIRECTING SERVICE (by Senior Judge Justin L. Quackenbush); USM directed to serve dft; response due 10/10/96; Defendants are DIRECTED to respond to Pltff's Motion for Temporary Restraining Order and/or Preliminary Injunction within eleven (11) calendar days of the date of this Order. Pltff shall have five (5) days, excluding weekends and holidays, after service of the Defendant's memorandum to file a reply memorandum. (cc: all counsel) (FmrEmp) Modified on 08/26/1996 (Entered: 08/26/1996)

Aug. 26, 1996

Law Clerk assigned to case is 2 (admin) (Entered: 07/30/1996)

July 30, 1996
1

COMPLAINT Fee-status: pd Receipt #: 35391 (FmrEmp) (Entered: 07/26/1996)

July 24, 1996

COMPLAINT Fee-status: pd Receipt #: 35391 (FmrEmp) (Entered: 07/24/1996)

July 24, 1996

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 24, 1996

Closing Date: 1988

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner bringing action against prison officials after officials rejected under prison mail regulation governing bulk mail delivery of legal newsletter to which prisoner had subscribed

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Washington DOC, State

Airway Heights Correctional Center, 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

Damages

Source of Relief:

Litigation

Order Duration: 1997 - 0

Issues

General:

Mail