Case: Humanists of Washington v. Lehman

3:97-cv-05499 | U.S. District Court for the Western District of Washington

Filed Date: Aug. 7, 1997

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On August 7, 1997, the Humanists of Washington and the National Prison Project of the ACLU filed a § 1983 claim against the Washington Department of Corrections [DOC] in the U.S. District Court for the Western District of Washington, challenging restrictions on prison regulations regarding inmate mail. Plaintiffs sought declaratory and injunctive relief.Defendants moved to dismiss the complaint. That motion was denied by the District Court (Judge Franklin D. Burgess) on February 2, 1998.There…

On August 7, 1997, the Humanists of Washington and the National Prison Project of the ACLU filed a § 1983 claim against the Washington Department of Corrections [DOC] in the U.S. District Court for the Western District of Washington, challenging restrictions on prison regulations regarding inmate mail. Plaintiffs sought declaratory and injunctive relief.

Defendants moved to dismiss the complaint. That motion was denied by the District Court (Judge Franklin D. Burgess) on February 2, 1998.

Thereafter, the parties engaged in settlement negotiations and reached a resolution of the case. An Order Approving Stipulation for Approval of Settlement and Entry of Judgment was entered on October 22, 1999. The Settlement Agreement provided for changes to DOC regulations governing inmate mail, which included changes to the mail rejection process, handling of legal materials. The Agreement also incorporated the DOC policy changes that were addressed in the cases Miniken v. Walter, 978 F.Supp. 1356 (E.D.Wash. 1997) [PC-WA-11 of this collection] and Crofton V. Roe, 170 F.3d 957 (9th Cir. 1999). [PC-WA-5].

On June 14, 2004, the District Court entered a Stipulated Order to Terminate Relief Provisions of Release and Settlement Agreement of October 22, 1999, noting that no enforcement actions had been brought been either party. The case was then administratively closed. We have no further information on the matter.

Summary Authors

Dan Dalton (2/20/2007)

Related Cases

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

Miniken v. Walter, Eastern District of Washington (1996)

People


Judge(s)

Arnold, J. Kelley (Washington)

Burgess, Franklin D. (Washington)

Attorneys(s) for Plaintiff

Bringman, Joseph E. (Washington)

Gendler, Michael W. (Washington)

Attorneys(s) for Defendant

Evans, Colleen B. (Washington)

Klein, Heather (Washington)

Kneip, Kasey (Washington)

Krier, Nancy Joan (Washington)

McLachlan, Mary C. (Washington)

Mentzer, Eric (Washington)

Judge(s)

Arnold, J. Kelley (Washington)

Burgess, Franklin D. (Washington)

Attorneys(s) for Plaintiff

Bringman, Joseph E. (Washington)

Gendler, Michael W. (Washington)

Attorneys(s) for Defendant

Evans, Colleen B. (Washington)

Klein, Heather (Washington)

Kneip, Kasey (Washington)

Krier, Nancy Joan (Washington)

McLachlan, Mary C. (Washington)

Mentzer, Eric (Washington)

Mitchell, Michael T. (Washington)

Myhra, Kasey C. (Washington)

Documents in the Clearinghouse

Document

Docket (PACER)

June 14, 2004 Docket

Setlement Agreement and Release

Oct. 1, 1999 Settlement Agreement
86

Stipulation for Approval of Settlement and Entry of Judgment

Oct. 22, 1999 Settlement Agreement
94

Stipulated Motion to Terminate Relief Provisions of Release and Settlement Agreement

June 10, 2004 Pleading / Motion / Brief
95

Stipulated Order to Terminate Relief Provisions of Release and Settlement Agreement

June 14, 2004 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Summons(es) issued) Receipt # 243198 (KM) (Entered: 08/12/1997)

Aug. 7, 1997
3

AFFIDAVIT OF SERVICE upon defendants of summons/complaint on 8/8/97 (TW) (Entered: 08/18/1997)

Aug. 8, 1997
2

ORDER by Judge Franklin D. Burgess Case referred to Magistrate Judge J. K. Arnold (cc: counsel, Judge) (EC) (Entered: 08/14/1997)

Aug. 13, 1997
4

ATTORNEY APPEARANCE for defendants by Nancy J. Krier, Colleen B Evans, Eric A Mentzer (TW) (Entered: 08/18/1997)

Aug. 15, 1997
5

MOTION by defendants to dismiss case NOTED FOR 10/3/97 (TW) (Entered: 09/10/1997)

Sept. 9, 1997
6

MEMORANDUM by defendants in support of motion to dismiss case [5- 1] (TW) (Entered: 09/10/1997)

Sept. 9, 1997

LODGED ORDER: re: motion to dismiss case [5-1] (TW) (Entered: 09/10/1997)

Sept. 9, 1997
7

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant Eldon Vail on 8/8/97 (TW) (Entered: 09/22/1997)

Sept. 19, 1997
8

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant Tom Rolfs on 8/8/97 (TW) (Entered: 09/22/1997)

Sept. 19, 1997
9

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant Joseph D Lehman on 8/8/97 (TW) (Entered: 09/22/1997)

Sept. 19, 1997
10

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant Tana Wood on 8/8/97 (TW) (Entered: 09/22/1997)

Sept. 19, 1997
11

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant Kay Walter on 8/8/97 (TW) (Entered: 09/22/1997)

Sept. 19, 1997
12

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant Kenneth DuCharme on 8/8/97 (TW) (Entered: 09/22/1997)

Sept. 19, 1997
13

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant Phil Stanley on 8/8/97 (TW) (Entered: 09/22/1997)

Sept. 19, 1997
14

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons and complaint by defendant Robert Wright on 8/8/97 (TW) (Entered: 09/22/1997)

Sept. 19, 1997
15

MEMORANDUM IN OPPOSITION/RESPONSE by plaintiffs to motion to dismiss case [5-1] (TW) (Entered: 09/30/1997)

Sept. 29, 1997
16

DECLARATION of Michael W Gendler by plaintiffs in opposition to motion to dismiss case [5-1] (TW) (Entered: 09/30/1997)

Sept. 29, 1997
17

DECLARATION of Randy Tollefson by plaintiffs in opposition to motion to dismiss case [5-1] (TW) (Entered: 09/30/1997)

Sept. 29, 1997
18

DECLARATION of Michael Peterson by plaintiffs in opposition to motion to dismiss case [5-1] (TW) (Entered: 09/30/1997)

Sept. 29, 1997
19

DECLARATION of William Robert Harris by plaintiffs in opposition to motion to dismiss case [5-1] (TW) (Entered: 09/30/1997)

Sept. 29, 1997
20

RULE 56(f) DECLARATION of Joseph E Bringman by plaintiffs re motion to dismiss case [5-1] (TW) (Entered: 09/30/1997)

Sept. 29, 1997
21

DECLARATION of Jerry Hawkins by plaintiffs in opposition to motion to dismiss case [5-1] (TW) (Entered: 09/30/1997)

Sept. 29, 1997
22

DECLARATION of Paul Wright by plaintiffs in oppositio to motion to dismiss case [5-1] (TW) (Entered: 09/30/1997)

Sept. 29, 1997
23

DECLARATION of Julya Hampton by plaintiffs in opposition to motion to dismiss case [5-1] (TW) (Entered: 09/30/1997)

Sept. 29, 1997
24

REPLY by defendants TO RESPONSE to motion to dismiss case [5-1] (TW) (Entered: 10/02/1997)

Oct. 2, 1997
25

MOTION by defendant to stay discovery NOTED FOR 10/31/97 (TW) (Entered: 10/15/1997)

Oct. 10, 1997
26

MEMORANDUM by defendant in support of motion to stay discovery [25-1] (TW) (Entered: 10/15/1997)

Oct. 10, 1997

LODGED ORDER: re: motion to stay discovery [25-1] (TW) (Entered: 10/15/1997)

Oct. 10, 1997
28

MEMORANDUM IN OPPOSITION/RESPONSE by plaintiffs to motion to stay discovery [25-1] (TW) (Entered: 10/29/1997)

Oct. 27, 1997
29

DECLARATION of Joseph E Bringman by plaintiffs in opposition to motion to stay discovery [25-1] (TW) (Entered: 10/29/1997)

Oct. 27, 1997
30

DECLARATION of Michael W Gendler by plaintiffs in opposition to motion to stay discovery [25-1] (TW) (Entered: 10/29/1997)

Oct. 27, 1997
31

REPLY by defendant TO RESPONSE to motion to stay discovery [25-1] (TW) (Entered: 11/03/1997)

Oct. 30, 1997
32

ORDER by Magistrate Judge J. K. Arnold DENYING dfts' motion to stay discovery [25-1] (cc: counsel, Judge) (TW) (Entered: 11/04/1997)

Nov. 3, 1997
33

REPORT AND RECOMMENDATION regarding GRANTING in PART & DENYING in PART dfts' motion to dismiss case [5-1] by Magistrate Judge J. K. Arnold NOTED FOR 11/21/97 (cc: counsel, Judge) (TW) (Entered: 11/04/1997)

Nov. 3, 1997

LODGED ORDER: re: REPORT AND RECOMMENDATION regarding GRANTING in PART & DENYING in PART dfts' motion to dismiss case [5-1] [33-1] (TW) (Entered: 11/04/1997)

Nov. 3, 1997
34

Objections to Report and Recommendation & order denying dfts' mtn to stay discovery by defendant NOTED FOR 12/5/97 (TW) (Entered: 11/18/1997)

Nov. 17, 1997
35

REQUEST/MOTION by defendants for hearing on objection to R&R & order denying dfts' mtn to stay discovery NOTED FOR 12/5/97 (TW) (Entered: 11/18/1997)

Nov. 17, 1997
36

Objections to Report and Recommendation & dfts' mtn to dismiss by plaintiff NOTED FOR 12/5/97 (TW) (Entered: 11/19/1997)

Nov. 18, 1997
37

RESPONSE by defendants to Objections to Report and Recommendation & dfts' mtn to dismiss [36-1], Objections to Report and Recommendation & order denying dfts' mtn to stay discovery [34-1] (TW) (Entered: 11/28/1997)

Nov. 26, 1997
38

RESPONSE by plaintiff to dft's Objections to Report and Recommendation & dfts' mtn to dismiss [36-1], and dft's Objections to Report and Recommendation & order denying dfts' mtn to stay discovery [34-1] (EC) (Entered: 12/02/1997)

Dec. 2, 1997
39

DECLARATION of Joseph E. Bringman by plaintiff re dft's Objections to Report and Recommendation & dfts' mtn to dismiss [36-1], and dft's Objections to Report and Recommendation & order denying dfts' mtn to stay discovery [34-1] (EC) (Entered: 12/02/1997)

Dec. 2, 1997
40

CITATION OF SUPPLEMENTAL AUTHORITY by plaintiff re Objections to Report and Recommendation & dfts' mtn to dismiss [36-1] (EC) (Entered: 01/02/1998)

Jan. 2, 1998
41

SUPPLEMENTAL AUTHORITY by defendants (TW) (Entered: 01/20/1998)

Jan. 16, 1998
42

ORDER by Judge Franklin D. Burgess that the R&R is approved in part and rejected in part; dfts' mtn to dismiss per FRCP 12(b)(1) is DENIED; dfts' mtn to dismiss per FRCP 12(b)(6) is DENIED; terming Objections to Report and Recommendation & dfts' mtn to dismiss [36-1], Objections to Report and Recommendation & order denying dfts' mtn to stay discovery [34-1] (cc: counsel, Judge) (TW) (Entered: 02/03/1998)

Feb. 2, 1998
43

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 3/11/98 (cc: counsel, Judge) (TW) (Entered: 02/12/1998)

Feb. 11, 1998
44

MOTION by defendants for reconsideration NOTED FOR 3/6/98 (TW) (Entered: 02/18/1998)

Feb. 17, 1998
45

MEMORANDUM by defendants in support of motion for reconsideration [44-1] (TW) (Entered: 02/18/1998)

Feb. 17, 1998

LODGED ORDER: re: motion for reconsideration [44-1] (TW) (Entered: 02/18/1998)

Feb. 17, 1998
46

ORDER by Judge Franklin D. Burgess DENYING dfts' motion for reconsideration [44-1] (cc: counsel, Judge) (TW) (Entered: 03/10/1998)

March 9, 1998
47

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 10 (TW) (Entered: 03/12/1998)

March 11, 1998
48

ANSWER to complaint [1-1] by defendants; jury demand (TW) (Entered: 03/24/1998)

March 23, 1998
49

NOTICE of WITHDRAWAL by defendants of atty Colleen B Evans (TW) (Entered: 05/21/1998)

May 20, 1998
50

AFFIDAVIT OF SERVICE by dfts of Answers & Objections to Interrogs and Requests for Production (EC) (Entered: 10/23/1998)

Oct. 23, 1998
51

NOTICE by dfts of ASSOCIATION OF ATTORNEY Kasey Kneip (EC) (Entered: 11/19/1998)

Nov. 19, 1998
52

TRIAL NOTICE Discovery cutoff 5/7/99 Motion filing deadline 6/7/99 Pretrial order to be submitted by 8/12/99 Pretrial conference set for 9:30 8/20/99 Trial set for 9:00 9/13/99 Trial briefs to be submitted by 8/12/99 39.1 designation effective 5/20/99 (cc:all counsel) (KM) (Entered: 01/19/1999)

Jan. 19, 1999
53

MOTION by defendant to amend scheduling order NOTED FOR 3/12/99 (EC) (Entered: 02/19/1999)

Feb. 19, 1999
54

MEMORANDUM by defendant in support of motion to amend scheduling order [53-1] (EC) (Entered: 02/19/1999)

Feb. 19, 1999

LODGED ORDER: re: motion to amend scheduling order [53-1] (EC) (Entered: 02/19/1999)

Feb. 19, 1999
55

RESPONSE/MEMO IN OPPOSITION by plaintiff to dfts' motion to amend scheduling order [53-1] (EC) (Entered: 03/01/1999)

March 1, 1999
56

LETTER from Magistrate Judge David E. Wilson to counsel re: settlement conference scheduled for 5/6/99 at 9:00 AM (EC) (Entered: 03/15/1999)

March 15, 1999
57

MOTION by plaintiff to amend and supplement complaint NOTED FOR 4/9/99 (EC) (Entered: 03/25/1999)

March 25, 1999
58

MEMORANDUM by plaintiff in support of motion to amend and supplement complaint [57-1] (EC) (Entered: 03/25/1999)

March 25, 1999

LODGED ORDER: re: pls' motion to amend and supplement complaint [57-1] (EC) (Entered: 03/25/1999)

March 25, 1999
59

SECOND MOTION by defendant to dismiss for failure to exhaust NOTED FOR 4/23/99 (EC) (Entered: 03/31/1999)

March 31, 1999
60

MEMORANDUM by defendant in support of motion to dismiss for failure to exhaust [59-1] (EC) (Entered: 03/31/1999)

March 31, 1999

LODGED ORDER: re: dfts' motion to dismiss for failure to exhaust [59- 1] (EC) (Entered: 03/31/1999)

March 31, 1999
61

SUBSTITUTION OF COUNSEL on behalf of Phil Stanley, Robert Wright, Kay Walter, Kenneth DuCharme, Tana Wood, Eldon Vail, Tom Rolfs, Joseph D Lehman Michael T. Mitchell terminating attorney Nancy J. Krier for Joseph D Lehman, attorney Eric A Mentzer for Joseph D Lehman, attorney Nancy J. Krier for Tom Rolfs, attorney Eric A Mentzer for Tom Rolfs, attorney Nancy J. Krier for Eldon Vail, attorney Eric A Mentzer for Eldon Vail (EC) (Entered: 04/05/1999)

April 5, 1999
62

RESPONSE by defendant to pls' motion to amend and supplement complaint [57-1] (EC) (Entered: 04/05/1999)

April 5, 1999
63

REPLY by plaintiff TO RESPONSE to pls' motion to amend and supplement complaint [57-1] (EC) (Entered: 04/08/1999)

April 8, 1999
64

DECLARATION of Joseph E. Bringman by plaintiff re pls' motion to amend and supplement complaint [57-1] (EC) (Entered: 04/08/1999)

April 8, 1999
65

ORDER by Magistrate Judge J. K. Arnold GRANTING pls' motion to amend and supplement complaint [57-1] (cc: counsel, Judge) (EC) (Entered: 04/12/1999)

April 12, 1999
66

RESPONSE/MEMO IN OPPOSITION by plaintiff to dfts' second motion to dismiss for failure to exhaust [59-1] (EC) (Entered: 04/19/1999)

April 19, 1999
67

DECLARATION of Joseph E. Bringman by plaintiff re dfts' second motion to dismiss for failure to exhaust [59-1] (EC) (Entered: 04/19/1999)

April 19, 1999
70

MEMORANDUM by defendant in support of motion for reconsideration of Magistrate Judge's order granting pl's motion to amend and supplement complaint [69-1] (EC) (Entered: 04/28/1999)

April 21, 1999
68

REPLY by plaintiff TO RESPONSE to pls' motion to amend scheduling order [53-1] (EC) (Entered: 04/26/1999)

April 26, 1999
71

MINUTE ORDER: by Magistrate Judge David E. Wilson , Settlement Conference rescheduled to 9:00 on 5/20/99 before DEW; briefs due 5/17/99; (cc: counsel, Judge) (PV) (Entered: 05/04/1999)

May 4, 1999
72

MOTION by defendant to exclude rebuttal expert Daniel Linz NOTED FOR 5/28/99 (EC) (Entered: 05/10/1999)

May 10, 1999
73

MEMORANDUM by defendant in support of dfts' motion to exclude rebuttal expert Daniel Linz [72-1] (EC) (Entered: 05/10/1999)

May 10, 1999
74

AFFIDAVIT of Kasey C. Kneip regarding dfts' motion to exclude rebuttal expert Daniel Linz [72-1] (EC) (Entered: 05/10/1999)

May 10, 1999

LODGED ORDER: re: dfts' motion to exclude rebuttal expert Daniel Linz [72-1] (EC) (Entered: 05/10/1999)

May 10, 1999

PROPOSED First Amended and Supplemented Complaint (EC) (Entered: 05/12/1999)

May 12, 1999
75

LETTER by plaintiff re: dft's motion for reconsideration of Magistrate Judge's order granting pl's motion to amend and supplement complaint [69-1] (EC) (Entered: 05/12/1999)

May 12, 1999
76

ORDER by Judge Franklin D. Burgess DENYING dfts' motion for reconsideration of Magistrate Judge's order granting pl's motion to amend and supplement complaint [69-1] (cc: counsel, Judge) (TW) (Entered: 05/17/1999)

May 17, 1999
77

RESPONSE/MEMO IN OPPOSITION by plaintiff to dfts' motion to exclude rebuttal expert Daniel Linz [72-1] (EC) (Entered: 05/24/1999)

May 24, 1999
78

DECLARATION of Michael W. Gendler by plaintiff re dfts' motion to exclude rebuttal expert Daniel Linz [72-1] (EC) (Entered: 05/24/1999)

May 24, 1999

PLS' LODGED ORDER: re: dfts' motion to exclude rebuttal expert Daniel Linz [72-1] (EC) (Entered: 05/24/1999)

May 24, 1999
80

TRANSCRIPT of proceedings for the following date(s): 5/25/99; CR initials: Laurene Kelly (MW) (Entered: 06/04/1999)

June 1, 1999
79

MINUTE ORDER: by Magistrate Judge J. K. Arnold; matter was referred to Magistrate Judge David E. Wilson who advised matter has settled; file is now returned to Judge Franklin D. Burgess for entry of dispositional documents (cc: counsel, Judge) (EC) (Entered: 06/03/1999)

June 2, 1999
82

MTN by Pltfs to reconsider order of dismissal entered on 6/21/99 NOTED FOR 7/16/99 (CAR) (Entered: 07/02/1999)

July 1, 1999

LODGED ORDER re: motion to reconsider order of dismissal entered on 6/21/99 [82-1] (CAR) (Entered: 07/02/1999)

July 1, 1999

PROPOSED Stipulation and Order to Extend Time to Reopen Case (EC) (Entered: 09/13/1999)

Sept. 13, 1999
83

ORDER by Judge Franklin D. Burgess RENOTED FOR 10/1/99 motion to reconsider order of dismissal entered on 6/21/99 [82-1]; dfts shall show cause why motion should not be granted (cc: counsel, Judge) (EC) (Entered: 09/15/1999)

Sept. 15, 1999
84

RESPONSE by defendant to pls' motion to reconsider order of dismissal entered on 6/21/99 [82-1] (EC) (Entered: 10/01/1999)

Oct. 1, 1999
85

ORDER by Judge Franklin D. Burgess GRANTING motion to reconsider order of dismissal entered on 6/21/99 [82-1] VACATING [81-2] order, all pending dates and ddls are STRICKEN, parties shall report on settlement negotiations by 11/12/99 (cc: counsel, Judge) (EC) (Entered: 10/13/1999)

Oct. 12, 1999

PROPOSED Stipulation for Approval of Settlement and entry of judgment (EC) (Entered: 10/22/1999)

Oct. 22, 1999
86

STIPULATION and ORDER by Judge Franklin D. Burgess for approval of settlement and entry of jgm **SEE ORDER FOR DETAILS** case termed. (cc: counsel, Judge) (CAR) (Entered: 10/25/1999)

Oct. 22, 1999
87

JUDGMENT: by Judge Franklin D. Burgess; all of pl's claims other than their Fifth Claim as set forth in the First Amended and Supplemental Complaint are dismissed w/prejudice; the Fifth Claim as set forth in the First Amended and Supplemental Complaint is dismissed w/o prejudice CASE TERMED (cc: counsel, Judge, Jgm. Book) Entered on: 11/8/99 (EC) (Entered: 11/08/1999)

Nov. 8, 1999
88

LETTER from Law Clerk M. O'Neill to Merle Royse re: copy work (EC) (Entered: 12/23/1999)

Dec. 23, 1999
89

LETTER from Gene Anderson complaining that dfts are not complying with injunctions (EC) (Entered: 05/04/2000)

April 28, 2000
90

ORDER FORWARDING CORRESPONDENCE TO COUNSEL OF RECORD by Judge Franklin D. Burgess (cc: counsel, Judge) (EC) (Entered: 05/04/2000)

May 3, 2000

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 7, 1997

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Humanists of Washington, the National Prison Project of the American Civil Liberties Union Foundation, Inc., and prison inmates

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Washington Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - 2004

Issues

General:

Library (non-law) access

Loss or damage to property

Mail

Type of Facility:

Government-run