Case: Lindell v. Frank

3:02-cv-00021 | U.S. District Court for the Western District of Wisconsin

Filed Date: Jan. 17, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On January 17, 2002, a prisoner confined at the Supermax Correctional Institution (Supermax) in Boscobel, Wisconsin, filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Western District of Wisconsin against employees of the Wisconsin Department of Corrections and Supermax. The plaintiff claimed that prison rules and practices violated the First and Fourteenth Amendments and the Religious Land Use and Institutionalized Persons Act (RLUIPA). 42 U.S.C. § 2000cc-1. …

On January 17, 2002, a prisoner confined at the Supermax Correctional Institution (Supermax) in Boscobel, Wisconsin, filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Western District of Wisconsin against employees of the Wisconsin Department of Corrections and Supermax. The plaintiff claimed that prison rules and practices violated the First and Fourteenth Amendments and the Religious Land Use and Institutionalized Persons Act (RLUIPA). 42 U.S.C. § 2000cc-1. The plaintiff sought monetary, declaratory, and injunctive relief.

Supermax prisoners were allowed to buy writing paper from the prison canteen, but could not keep paper mailed to them by friends and family. In addition, the prison refused to mail gang-related letters and envelopes with writing on the outside. Prisoners at Supermax could not receive mail containing newspaper and magazine clippings or photocopies unless they were sent by the publisher (the publisher-only rule). The prison also limited the number of picture postcards inmates could keep in their cells. As part of an incentive program, corrections officers limited prisoners' phone calls in duration and number. The plaintiff also alleged that prison officials had denied him access to the law library and retaliated against him for being litigious.

On May 28, 2002, the United States District Court for the Western District of Wisconsin (Judge Barbara B. Crabb) ruled that the plaintiff could proceed to litigate most of his claims, but dismissed the First Amendment postcard claim. Lindell v. Litscher, No. 02-C-21-C, 2002 WL 32349409 (W.D. Wis. May 28, 2002). On September 18, 2002, the court refused to certify a class; the suit proceeded as an individual claim.

On May 5, 2003, the court (Judge Crabb) held that Supermax's publisher-only rule violated the First Amendment because inmates had no other way to exercise their rights, but granted the State summary judgment on all other issues. Lindell v. Frank, 2003 WL 23198509 (W.D. Wis. May 5, 2003). The court granted an injunction, enjoining the State from enforcing the publisher-only rule. On May 7, 2003, the court clarified that the injunction allowed the prison to limit the quantity of clippings and copies received by inmates. Lindell v. Frank, 2003 WL 23120001 (W.D. Wis. May 7, 2003), reconsideration denied, 2003 WL 231200272 (W.D. Wis. May 30, 2003), stay pending appeal denied, 2003 WL 23198184 (W.D. Wis. Aug. 25, 2003).

On August 13, 2004, the United States Court of Appeals for the Seventh Circuit (Judge Diane P. Wood) affirmed the lower court's ruling, holding both that the publisher-only rule violated inmates' First Amendment rights and that injunctive relief was the appropriate remedy. Lindell v. Frank, 377 F.3d 655 (7th Cir. 2004), cert. denied, 542 U.S. 1169 (2005). However, the Seventh Circuit remanded the injunction for modification because it violated the Prison Litigation Reform Act, 18 U.S.C. § 3626(a)(1)(A), by being too broad. The Court of Appeals also ordered the lower to permit the plaintiff to proceed on the postcard claim because a material question of fact existed.

On August 23, 2004, the District Court (Judge Crabb) granted the plaintiff leave to pursue the First Amendment postcard claim and narrowed the injunction to apply only to the plaintiff. Lindell v. Frank, 2004 WL 1920713 (W.D. Wis. Aug. 23, 2004). On September 16, 2004, the court stayed the modified injunction to allow the plaintiff to petition the United States Court of Appeals for the Seventh Circuit for rehearing en banc. Lindell v. Frank, 2004 WL 2110749 (W.D. Wis. 2004). On October 28, 2004, the court (Judge Crabb) dismissed the postcard claim; the plaintiff appealed.

The Court of Appeals for the Seventh Circuit refused to rehear the plaintiff's appeal. Because the plaintiff was seeking en banc review of the Seventh Circuit decision directing those modifications, however, on September 16, 2004, the court (Judge Crabb) lifted the stay and refused to modify the injunction to permit the plaintiff to receive an unlimited quantity of clippings and photocopies. The court held that prison officials could legitimately limit the quantity of such documents received by an inmate. Lindell v. Frank, 2004 WL 2110748 (W.D. Wis. Sept. 16, 2004).

On June 9, 2005, the Seventh Circuit affirmed the lower court's dismissal of the plaintiff's First Amendment postcard claim for lack of exhaustion as required by the Prison Litigation Reform Act. Lindell v. Frank, 135 Fed. Appx. 867 (7th Cir. 2005). The Seventh Circuit also affirmed the terms of the modified injunction.

The court denied several contempt motions on various grounds. Lindell v. Frank, 2003 WL 23282513 (W.D. Wis. July 27, 2003), 2003 WL 23167276 (W.D. Wis. Dec. 31, 2003), 2004 WL 230996 (W.D. Wis. Feb. 2, 2004). In addition, two orders dealt with in forma pauperis status. Lindell v. Frank, 2004 WL 3053630 (W.D. Wis. Dec. 27, 2004) and Lindell v. Frank, 2003 WL 23198510 (W.D. Wis. July 11, 2003).

The plaintiffs sought Supreme Court review, and on June 30, 2006, the U.S. Supreme Court denied certiorari review. Lindell v. O'Donnell, 165 L.Ed.2d 987 (2006).

Summary Authors

Kristen Sagar (10/20/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14027993/parties/lindell-nathaniel-allen-v-odonnell-cindy/


Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Kanne, Michael Stephen (Indiana)

Ripple, Kenneth Francis (Indiana)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Defendant

Finkelmeyer, Corey F. (Wisconsin)

Keckhaver, Karla Z. (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Kanne, Michael Stephen (Indiana)

Ripple, Kenneth Francis (Indiana)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Defendant

Finkelmeyer, Corey F. (Wisconsin)

Keckhaver, Karla Z. (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Documents in the Clearinghouse

Document

3:02-cv-00021

Docket [PACER]

Lindell v. O'Donnell

July 6, 2005

July 6, 2005

Docket
9

3:02-cv-00021

Order [Re: Requests to Proceed In Forma Pauperis]

Lindell v. Litscher

2002 WL 32349409, 2002 U.S.Dist.LEXIS 27103

May 28, 2002

May 28, 2002

Order/Opinion
106

3:02-cv-00021

Opinion & Order [Re: S/J; Injunctions]

2003 WL 23198509, 2003 U.S.Dist.LEXIS 24623

May 5, 2003

May 5, 2003

Order/Opinion

3:02-cv-00021

Order [Amending 05/05/2003 Order]

2003 WL 23120001

May 7, 2003

May 7, 2003

Order/Opinion
116

3:02-cv-00021

Order [Denying Defendants' Motion to Amend]

2003 WL 23100272, 2003 U.S.Dist.LEXIS 25991

May 30, 2003

May 30, 2003

Order/Opinion
121

3:02-cv-00021

Memorandum [Re: Motion from a Non-Party]

2003 WL 23282513

June 27, 2003

June 27, 2003

Order/Opinion
123

3:02-cv-00021

Order [Granting Motion to Proceed In Forma Pauperis]

2003 WL 23198510

July 11, 2003

July 11, 2003

Order/Opinion

3:02-cv-00021

Opinion and Order [Denying Motion to Stay Pending Appeal]

2003 WL 23198184

Aug. 25, 2003

Aug. 25, 2003

Order/Opinion
143

3:02-cv-00021

Order [Denying Motion for Finding of Contempt]

2003 WL 23167276

Dec. 31, 2003

Dec. 31, 2003

Order/Opinion
146

3:02-cv-00021

Order [Denying Second Motion to Hold Defendants in Contempt]

2004 WL 230996, 2004 U.S.Dist.LEXIS 1568

Feb. 2, 2004

Feb. 2, 2004

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14027993/lindell-nathaniel-allen-v-odonnell-cindy/

Last updated July 29, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link

***NON-RANDOM ASSIGNMENT***

Jan. 17, 2002

Jan. 17, 2002

PACER
1

ORDER REQUIRING PARTIAL FILING FEE OF $1.00 BY LINDELL & $4.18 BY BRIDGES BY 02/07/2002 OR ACTION SUBJ./DISM'L. (BC) (Entered: 01/18/2002)

Jan. 17, 2002

Jan. 17, 2002

PACER
2

MOTION - LTR REQUEST TO RECONSIDER 1/17/02 CRT ORDER RE: $4.18 INITIAL PARTIAL PYMT OF FILING FEE, BY PETNR BRIDGES (Entered: 01/31/2002)

Jan. 30, 2002

Jan. 30, 2002

PACER

***$1.00 INITIAL PARTIAL PYMT REC'D FROM PETNR LINDELL***

Jan. 31, 2002

Jan. 31, 2002

PACER

***$4.18 INITIAL PARTIAL PAYMENT REC'D***

Feb. 5, 2002

Feb. 5, 2002

PACER
3

MOTION FOR RECONSIDERATION OF & OBJECTION TO MAGISTRATE JUDGE'S PROPOSED ORDER, BY PETNRS. (Entered: 02/12/2002)

Feb. 6, 2002

Feb. 6, 2002

PACER
4

ORDER DENYING AS MOOT PETNRS' REQ./RECONSIDER. 1/17/02 ORDER & PETNR BRIDGES' REQ./WAIVER OF INITIAL PARTIAL PYMT. (BC) (Entered: 02/12/2002)

Feb. 12, 2002

Feb. 12, 2002

PACER
5

MOTION TO SEVER PLTFS' CLAIMS, BY PLTF LINDELL. (Entered: 02/28/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
6

MOTION FOR LEAVE TO FILE AMENDED COMPLT, BY PLTF LINDELL. (Entered: 03/04/2002)

March 4, 2002

March 4, 2002

PACER
7

ORDER GRANT.PETNR.LINDELL MO.TO SEVER;PROPOSED AMEND.COMPLT. TO BE SCREENED;PETNR.BRIDGES CLMS.DISMISSED W/OUT PREJ(BC) (Entered: 04/04/2002)

April 4, 2002

April 4, 2002

PACER
8

BRIEF IN SUPPORT OF AMENDED COMPLAINT, BY PLTF LINDELL. (Entered: 04/22/2002)

April 22, 2002

April 22, 2002

PACER
9

ORDER GRANT'G LV/PROCEED ifp, W/PARTIAL STAY AS NOTED; PETNR TO SUBMIT SUPPL. INFO BY 6/13; CERTAIN RESPNDTS DISM'D.(BC) (Entered: 05/30/2002)

May 29, 2002

May 29, 2002

Clearinghouse
10

COMPLAINT (AMENDED) (Entered: 05/30/2002)

May 29, 2002

May 29, 2002

PACER

***COPIES OF DOCS. #9 & #10 SENT TO WI DEPARTMENT OF JUSTICE FOR ACCEPTANCE OF SERVICE OF PROCESS FOR DEFTS.***

May 30, 2002

May 30, 2002

PACER
11

NOTICE OF APPEARANCE BY JODY J. SCHMELZER ON BEHALF OF DEFTS. (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

PACER
12

ACCEPTANCE OF SERVICE OF PROCESS FOR DEFTS, BY WISCONSIN DEPARTMENT OF JUSTICE. (Entered: 06/12/2002)

June 12, 2002

June 12, 2002

PACER

***COPIES OF DOCS #9 & #10 SENT TO DEFTS SUBSEQUENT TO ACCEPTANCE OF SVC OF PROCESS BY WI DEPT. OF JUSTICE***

June 13, 2002

June 13, 2002

PACER
13

MOTION FOR RECONSIDERATION OF 5/28/02 ORDER PURS.TO RULE 59(e), BY PETNR. LINDELL. (Entered: 06/17/2002)

June 17, 2002

June 17, 2002

PACER
14

ACCEPTANCE OF SERVICE OF PROCESS FOR DEFT. SHARPE, BY WI. DEPT. OF JUSTICE (Entered: 06/24/2002)

June 20, 2002

June 20, 2002

PACER

***COPIES OF 9&10 MAILED TO DEFT SHARPE***

June 24, 2002

June 24, 2002

PACER
15

ORDER DENYING PLTF'S MO. FOR RECONSID. OF 5/28/02 ORDER;IFP DND ON 14TH AMENDMT CLM.OF DENIAL OF ACCESS TO CRT. (BBC) (Entered: 06/28/2002)

June 28, 2002

June 28, 2002

PACER
16

ANSWER W/AFF.DEFENSES TO AMENDED COMPLT, BY DEFTS. (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

PACER
17

ORDER ***IDENTICAL TO ORDER #15*** (Entered: 07/11/2002)

July 11, 2002

July 11, 2002

PACER
18

PTC ORDER AND ORDER GOVERNING FPTC (SLC) (Entered: 08/15/2002)

Aug. 15, 2002

Aug. 15, 2002

PACER
19

MOTION PURS. TO FED.R.CIV.P. 15(A)&(B) TO SUBMIT AMENDED AND SUPPLEMENTED COMPLAINT BY PLTF. (Entered: 08/20/2002)

Aug. 20, 2002

Aug. 20, 2002

PACER
20

ORDER DENIED PTLF.MO TO FILE 2ND AMENDED COMPLT.(BC) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

PACER
21

ORDER GRANT. IFP ON CLAIM OF DENIAL/ACCESS TO CRTS BY FORCING HIM TO DSM 01-C-868-C;MO.AMEND 5/28/02 ORDER DND.(BBC) (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

PACER
22

MOTION BY PLTF LINDELL TO CERTIFY THIS CASE AS A CLASS ACTION AND APPT COUNSEL TO REP PLTFS. (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
23

MOTION BY PLTF LINDELL FOR RECONSIDERATION OF 8-21-02 ORDER. (P TITLED M PURS. TO FRCP 59/NOTICE OF APPEAL) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
24

BRIEF IN SUPPORT OF PLTF'S MOTION TO RECONSIDER 8-21-02 ORDER. (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
25

MOTION FOR DEFAULT JUDGMENT & (OBJS. TO DEFTS' ANSWER), BY PLTF. (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

PACER
26

DEFENDANTS' NOTICE OF NOT FILING AMENDED ANSWER (Entered: 09/10/2002)

Sept. 9, 2002

Sept. 9, 2002

PACER
27

MOTION BY PLTF. LINDELL TO PERMANENTLY WAIVE FEES/COSTS, REFUND FEES/COSTS ALREADY PAID AND TO UNFREEZE PRISON ACCOUNT. (Entered: 09/10/2002)

Sept. 10, 2002

Sept. 10, 2002

PACER
28

ORDER DENYING PLTF. LINDELL'S MO. TO PERMANENTLY WAIVE FEES/COSTS (BBC) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
29

ORDER DENYING PLTF'S MO. FOR CLASS CERTIFICATION AND APPT. OF COUNSEL TO REPRESENT CLASS (BBC) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
30

ORDER DENYING PLTF'S MO. FOR RECONSIDERATION OF 8/21/02 ORDER AND REQUEST TO PROCEED ifp ON APPEAL (BBC) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
31

ORDER DENYING MO. FOR DEFAULT JUDGMENT & ACKNOWLEDGING PLTF'S AVERMENTS TO DEFTS' ANSWER (BBC) (Entered: 09/18/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
32

MOTION TO AMEND COMPLAINT BY PLTF. (9/18/02) (Entered: 10/02/2002)

Oct. 2, 2002

Oct. 2, 2002

PACER
33

ORDER DENYING PLTF'S MO. TO AMEND COMPLAINT (BBC) (Entered: 10/02/2002)

Oct. 2, 2002

Oct. 2, 2002

PACER
34

MOTION BY PLTF. TO ALLOW DEPOSITIONS, FOR PROTECTIVE ORDER AND FOR APPOINTMENT OF COUNSEL. (Entered: 10/11/2002)

Oct. 10, 2002

Oct. 10, 2002

PACER
35

ORDER RETURNING TO PLTF. EXHIBITS AND REQUESTS FOR ADMISSIONS. (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
36

MOTION BY PLTF. TO COMPEL DISCOVERY. (Entered: 10/15/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
37

MOTION BY PLTF. TO COMPEL DISCOVERY AND AWARD COSTS/SANCTIONS. (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
38

BRIEF IN SUPPORT OF PLTFS. MO. TO COMPEL DISCOVERY AND AWARD COSTS/SANCTION. (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

PACER
39

MOTION W/SUPPORT BRIEF BY PLTF. FOR PROTECTIVE ORDER. (Entered: 10/29/2002)

Oct. 29, 2002

Oct. 29, 2002

PACER
40

MOTION BY PLTF. TO COMPEL DISCOVERY AND SANCTION DEFTS. COUNSEL. (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

PACER
41

BRIEF IN SUPPORT AND DECLARATION OF PLTF. IN SUPPORT OF MOTION TO COMPEL DISCOVERY AND TO SANCTION DEFTS.COUNSEL (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

PACER
42

BRIEF IN OPPOSITION BY DEFTS. TO PLTFS. DISCOVERY MOTIONS. (Entered: 11/06/2002)

Nov. 5, 2002

Nov. 5, 2002

PACER
43

AFFIDAVIT OF KAY E. DEAN. (Entered: 11/06/2002)

Nov. 5, 2002

Nov. 5, 2002

PACER
44

BRIEF IN REPLY IN SUPPORT OF PLTF. MOTIONS TO COMPEL, FOR SANCTIONS AND FOR PROTECTIVE ORDER. (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

PACER
45

AFFIDAVIT OF PAUL F. RATHER. (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

PACER
46

MOTION BY PLTF. TO EXTEND DISPOSITIVE MOTION DEADLINE. (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
47

DEFTS. DISCLOSURE OF EXPERTS. (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
48

EXPERT REPORT OF DR. THOMAS A. DUBOIS. (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

PACER
49

MOTION BY PLTF. TO COMPEL DISCOVERY AND SANCTION COUNSEL. (Entered: 12/11/2002)

Dec. 11, 2002

Dec. 11, 2002

PACER
50

BRIEF IN SUPPORT OF PLTF. MOTION TO COMPEL DISCOVERY AND TO SANCTION COUNSEL. (Entered: 12/11/2002)

Dec. 11, 2002

Dec. 11, 2002

PACER
51

MOTION FOR SUMMARY JUDGMENT BY DEFTS. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
52

BRIEF IN SUPPORT OF DEFT. MOTION FOR S/J. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
53

PROPOSED FINDINGS/CONCL. BY DEFT. WITH ALL EXHIBITS. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
54

AFFIDAVIT OF GARY BOUGHTON. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
55

AFFIDAVIT OF TERRENCE CLARK. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
56

AFFIDAVIT OF TRACY L. GERBER. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
57

AFFIDAVIT OF SANDRA GRONDIN. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
58

AFFIDAVIT OF KEITH JANTZEN. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
59

AFFIDAVIT OF DANIEL MUELLER. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
60

AFFIDAVIT OF TODD T. OVERBO. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
61

AFFIDAVIT OF ELLEN RAY. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
62

AFFIDAVIT OF JOHN SHARPE. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
63

AFFIDAVIT OF GARY WETTER. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
64

AFFIDAVIT OF JON E. LITSCHER. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
65

AFFIDAVIT OF JOHN RAY. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
66

AFFIDAVIT OF THOMAS A. DUBOIS, PH.D. (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
67

MOTION BY PLTF. TO EXTEND TIME LIMIT FOR FILING OF DISPOSITIVE MOTIONS. (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

PACER
68

BRIEF IN SUPPORT OF PLTF. MOTION TO EXTEND TIME LIMIT FOR FILING OF DISPOSITIVE MOTIONS. (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

PACER
69

ORDER DENYING PLTF. MOTIONS FOR DISCOVERY, SANCTIONS AND APPOINTMENT OF COUNSEL; S/J DEADLINE EXTENDED TO 2/3/03. (SLC) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

PACER
70

DEFT. BERGE RESPONSES TO PLTF. SECOND REQUEST FOR ADMISSIONS. (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER
71

DEFT. BERGE RESPONSES TO PLTF. THIRD REQUEST FOR ADMISSIONS. (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER
72

DEFTS. RESPONSES TO PLTF. FOURTH REQUEST FOR ADMISSIONS. (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER
73

DEFTS. RESPONSES TO PLTF. FIFTH REQUEST FOR ADMISSIONS AND SECOND REQUEST FOR PRODUCTION OF DOCUMENTS. (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER
74

DEFTS. RESPONSES TO PLTF. SIXTH REQUEST FOR ADMISSIONS, SECOND SET OF INTERROGATORIES AND THIRD REQUEST FOR PRODUCTION. (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER
75

DEFT. BERGE AMENDED RESPONSES TO PLTF. FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION AND ADMISSIONS. (Entered: 12/24/2002)

Dec. 24, 2002

Dec. 24, 2002

PACER

S/J BRIEFING SCHEDULE MAILED W/PROCEDURE AND PRO SE MEMORANDUM.

Dec. 27, 2002

Dec. 27, 2002

PACER
76

MOTION BY PLTF. FOR EXTENSION OF TIME TO FILE S/J BRIEF. (Entered: 02/05/2003)

Feb. 5, 2003

Feb. 5, 2003

PACER
77

BRIEF IN OPPOSITION (LETTER) BY DEFTS. TO PLTF. MOTION FOR EXTENSION OF TIME TO FILE S/J BRIEF. (Entered: 02/07/2003)

Feb. 7, 2003

Feb. 7, 2003

PACER
78

MOTION FOR SUMMARY JUDGMENT BY PLTF. (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
79

BRIEF IN SUPPORT OF PLTF. MOTION FOR SUMMARY JUDGMENT. (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
80

PROPOSED FINDINGS/CONCL. BY PLTF. (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
81

PLTF. RESPONSE AND OBJECTIONS TO DEFTS. FINDINGS OF FACT. (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
82

AFFIDAVIT OF NATHANIEL ALLEN LINDELL. (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
83

AFFIDAVIT OF PAUL F. RATHER. (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
84

AFFIDAVIT OF JOSEPH KOUTNIK. (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
85

AFFIDAVIT OF SOUVANNASENG BORIBOUNE. (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
86

PLTF. SUBMISSION OF DEFTS. RESPONSES TO DISCOVERY REQUESTS IN SUPPORT OF PLTF. MOTION FOR S/J. (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

PACER
87

ORDER ACCEPTING PLTF. MOT. FOR S/J AND OPPO. BRIEF; DEFT. TO RESPOND BY 3/5/03; PLTF. REPLY DUE 3/14/03. (Entered: 02/13/2003)

Feb. 13, 2003

Feb. 13, 2003

PACER
88

MOTION BY DEFTS. FOR ENLARGEMENT OF TIME TO RESPOND TO PLTF. MOTION FOR S/J. (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

PACER
89

AFFIDAVIT OF JODY J. SCHMELZER. (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

PACER
90

ORDER GRANTING DEFT. EXTENSION OF TIME TO RESPOND TO PLTF. MOT. FOR S/J; OPPO. DUE 3/10, REPLY DUE 3/20 (SLC) (Entered: 03/05/2003)

March 5, 2003

March 5, 2003

PACER
91

MOTION BY PLTF. FOR EXTENSION OF TIME TO FILE REPLY BRIEF. (Entered: 03/10/2003)

March 7, 2003

March 7, 2003

PACER
92

ORDER GRANTING PLTF. EXTENSION TO 3/25/03 TO FILE S/J REPLY BRIEF. (SLC) (Entered: 03/10/2003)

March 7, 2003

March 7, 2003

PACER
93

BRIEF IN REPLY IN SUPPORT OF DEFTS. MOTION FOR S/J AND IN OPPOSITION TO PLTF. MOTION FOR S/J. (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Jan. 17, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate challenging the 'publisher only' rule that prevented him from receiving newspaper clippings in jail without purchasing the entire publication from its original source.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Wisconsin Department of Corrections, State

Supermax Correctional Institution, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2004 - 0

Issues

General:

Law library access

Mail

Phone

Religious programs / policies

Solitary confinement/Supermax (conditions or process)

Affected Gender:

Male

Type of Facility:

Government-run