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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/31784814/parties/humanists-of-wa-v-lehman/


Judge(s)

Arnold, J. Kelley (Washington)

Burgess, Franklin D. (Washington)

Attorney for Plaintiff

Bringman, Joseph E. (Washington)

Gendler, Michael W. (Washington)

Attorney for Defendant

Evans, Colleen B. (Washington)

Documents in the Clearinghouse

Documents in this case

3:97-cv-05499

Docket (PACER)

June 14, 2004

June 14, 2004

Docket

3:97-cv-05499

Setlement Agreement and Release

Oct. 1, 1999

Oct. 1, 1999

Settlement Agreement
86

3:97-cv-05499

Stipulation for Approval of Settlement and Entry of Judgment

Oct. 22, 1999

Oct. 22, 1999

Settlement Agreement
94

3:97-cv-05499

Stipulated Motion to Terminate Relief Provisions of Release and Settlement Agreement

June 10, 2004

June 10, 2004

Pleading / Motion / Brief
95

3:97-cv-05499

Stipulated Order to Terminate Relief Provisions of Release and Settlement Agreement

June 14, 2004

June 14, 2004

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/31784814/humanists-of-wa-v-lehman/

Last updated Oct. 6, 2026, 10:30 p.m.

Docket for: Humanists of WA v. Lehman
ECF Number Date Description Link
1 Aug. 7, 1997

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

RECAP
3 Aug. 8, 1997

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

RECAP
2 Aug. 13, 1997

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

RECAP
4 Aug. 15, 1997

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

RECAP
5 Sept. 9, 1997

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

RECAP
6 Sept. 9, 1997

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

RECAP
Sept. 9, 1997

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

PACER
Sept. 9, 1997

LODGED ORDER: re: motion to dismiss case [5-1] (TW)

7 Sept. 19, 1997

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

RECAP
8 Sept. 19, 1997

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

RECAP
9 Sept. 19, 1997

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

RECAP
10 Sept. 19, 1997

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

RECAP
11 Sept. 19, 1997

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

RECAP
12 Sept. 19, 1997

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

RECAP
13 Sept. 19, 1997

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

RECAP
14 Sept. 19, 1997

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

RECAP
15 Sept. 29, 1997

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

RECAP
16 Sept. 29, 1997

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

RECAP
17 Sept. 29, 1997

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

RECAP
18 Sept. 29, 1997

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

RECAP
19 Sept. 29, 1997

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

RECAP
20 Sept. 29, 1997

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

RECAP
21 Sept. 29, 1997

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

RECAP
22 Sept. 29, 1997

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

RECAP
23 Sept. 29, 1997

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

RECAP
24 Oct. 2, 1997

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

RECAP
25 Oct. 10, 1997

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

RECAP
26 Oct. 10, 1997

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

RECAP
Oct. 10, 1997

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

PACER
Oct. 10, 1997

LODGED ORDER: re: motion to stay discovery [25-1] (TW)

27 Oct. 17, 1997

CORRECTED NOTICE by defendants that the following is NOTED FOR 10/31/97 motion to stay discovery (TW) (Entered: 10/21/1997)

RECAP
28 Oct. 27, 1997

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

RECAP
29 Oct. 27, 1997

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

RECAP
30 Oct. 27, 1997

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

RECAP
31 Oct. 30, 1997

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

RECAP
32 Nov. 3, 1997

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

RECAP
33 Nov. 3, 1997

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)

RECAP
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)

PACER
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)

34 Nov. 17, 1997

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

RECAP
35 Nov. 17, 1997

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)

RECAP
36 Nov. 18, 1997

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

RECAP
37 Nov. 26, 1997

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)

RECAP
38 Dec. 2, 1997

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)

RECAP
39 Dec. 2, 1997

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)

RECAP
40 Jan. 2, 1998

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

RECAP
41 Jan. 16, 1998

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

RECAP
42 Feb. 2, 1998

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)

RECAP
43 Feb. 11, 1998

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

RECAP
44 Feb. 17, 1998

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

RECAP
45 Feb. 17, 1998

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

RECAP
Feb. 17, 1998

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

PACER
Feb. 17, 1998

LODGED ORDER: re: motion for reconsideration [44-1] (TW)

46 March 9, 1998

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

RECAP
47 March 11, 1998

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

RECAP
48 March 23, 1998

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

RECAP
49 May 20, 1998

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

RECAP
50 Oct. 23, 1998

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

RECAP
51 Nov. 19, 1998

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

RECAP
52 Jan. 19, 1999

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)

RECAP
53 Feb. 19, 1999

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

RECAP
54 Feb. 19, 1999

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

RECAP
Feb. 19, 1999

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

PACER
Feb. 19, 1999

LODGED ORDER: re: motion to amend scheduling order [53-1] (EC)

55 March 1, 1999

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

RECAP
56 March 15, 1999

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)

RECAP
57 March 25, 1999

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

RECAP
58 March 25, 1999

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

RECAP
March 25, 1999

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

PACER
March 25, 1999

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

59 March 31, 1999

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

RECAP
60 March 31, 1999

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

RECAP
March 31, 1999

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

PACER
March 31, 1999

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

61 April 5, 1999

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)

RECAP
62 April 5, 1999

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

RECAP
63 April 8, 1999

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

RECAP
64 April 8, 1999

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

RECAP
65 April 12, 1999

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)

RECAP
66 April 19, 1999

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

RECAP
67 April 19, 1999

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

RECAP
69 April 21, 1999

MOTION by defendant for reconsideration of Magistrate Judge's order granting pl's motion to amend and supplement complaint NOTED FOR 4/30/99 (EC) (Entered: 04/28/1999)

RECAP
70 April 21, 1999

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)

RECAP
68 April 26, 1999

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

RECAP
71 May 4, 1999

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)

RECAP
72 May 10, 1999

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

RECAP
73 May 10, 1999

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

RECAP
74 May 10, 1999

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

RECAP
May 10, 1999

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

PACER
May 10, 1999

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

75 May 12, 1999

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)

RECAP
May 12, 1999

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

PACER
May 12, 1999

PROPOSED First Amended and Supplemented Complaint (EC)

76 May 17, 1999

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)

RECAP
77 May 24, 1999

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

RECAP
78 May 24, 1999

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

RECAP
May 24, 1999

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

PACER
May 24, 1999

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

80 June 1, 1999

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

RECAP
79 June 2, 1999

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)

RECAP

Case Details

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

State

Washington Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Western District of Washington 3:97-cv-05499

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - 2004

Issues

General/Misc.:

Loss or damage to property

Mail

Jails, Prisons, Detention Centers, and Other Institutions:

Library (non-law) access

Recommended Citation