Case: Barrett v. Premo

6:11-cv-06358 | U.S. District Court for the District of Oregon

Filed Date: Nov. 10, 2011

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Case Summary

On November 10, 2011, an Oregon Department of Corrections inmate filed this lawsuit under 42 U.S.C. § 1983. The plaintiff, proceeding without a lawyer, alleged that the defendant, Oregon Department of Corrections (ODOC), violated his free speech and due process rights, and his Eighth Amendment right to be free of cruel and unusual punishment, as well as the Oregon Constitution. The case arose when ODOC rejected and returned a letter that the plaintiff sent to another inmate at Oregon State Peni…

The case was filed in the U.S. District Court for the District of Oregon, and assigned to District Judge Marco A. Hernandez. On January 2, 2012, Judge Hernandez denied the plaintiff's motion for a preliminary injunction and temporary restraining order. Barrett v. Williams, 2012 WL 10897 (D.Or. 2012)

On August 27, 2012, the State filed a motion for summary judgment. The plaintiff did not respond and on February 22, 2013, the District Court dismissed the case. Barrett v. Williams, 2013 WL 686966 (D.Or. 2013). On March 23, 2013, the plaintiff sought reconsideration; he explained that he had missed the prior deadline because he was being transferred from New Mexico Department of Corrections to Florida Department of Corrections on the filing date and could not access to his legal documents during the transfer.

On May 27, 2013, the Court granted the plaintiff's motion for reconsideration and re-opened the defendants' motion for summary judgment.

On November 14, 2013, the District Court denied summary judgment in part and granted it in part. The Court held that plaintiff's due process rights were not violated because the plaintiff was provided notice and a right to appeal. The Court also held that the defendants' rejection of the plaintiff's letter was not in retaliation for exercising his First Amendment rights, and denied the plaintiff's claim for damages. However, the District Court allowed the rest of plaintiff's free speech claim, addressing the regulation going forward, to proceed. Barrett v. Williams, 2013 WL 6055247, (D.Or. 2013)

On December 2, 2013, the plaintiff sought reconsideration from the Court's November 13, 2013, ruling, which denied him damages. On December 16, 2013, the plaintiff filed a motion for appointment of counsel. On February 26, 2014, the Court granted the plaintiff's motion for appointment of counsel but denied his motion for reconsideration from the Court's November 13, 2013, ruling. Specifically, the Court held that the Defendants were entitled to qualified immunity for money damages because the rights the plaintiff asserted were not clearly established. Barrett v. Williams, 2014 WL 795801, (D.Or. 2014)

Following a February 19, 2015, one-day trial, on March 30, 2015 the District Court issued Findings of Facts and Conclusions of Law. The Court held that the defendants' incoming mail policy of blocking a form of expression--artwork on an envelope-- violated inmates' and their correspondents' First Amendment rights. Barrett v. Premo, 2015 WL 1477902 (D.Or. 2015). On May 14, 2015, the Court enjoined the State from enforcing a blanket ban on artwork on the front of envelopes coming into its prisons. The Court also awarded the plaintiff reasonable attorney fees. The case is now closed.

	Document
6:11-cv-06358	Docket	June 9, 2015	June 9, 2015 Docket
2 6:11-cv-06358	Civil Complaint	Nov. 10, 2011	Nov. 10, 2011 Complaint
11 6:11-cv-06358	Order	Jan. 2, 2012	Jan. 2, 2012 Order/Opinion 2012 WL 2012
29 6:11-cv-06358	Second Amended Complaint	June 5, 2012	June 5, 2012 Complaint
73 6:11-cv-06358	Opinion and Order	Feb. 22, 2013	Feb. 22, 2013 Order/Opinion 2013 WL 2013
103 6:11-cv-06358	[Opinion and Order]	Nov. 14, 2013	Nov. 14, 2013 Order/Opinion 2013 WL 2013
108 6:11-cv-06358	[Opinion and Order]	Feb. 26, 2014	Feb. 26, 2014 Order/Opinion 2014 WL 2014
173 6:11-cv-06358	Findings of Fact and Conclusions of Law	March 30, 2015	March 30, 2015 Order/Opinion 101 F.Supp.3d 101
176 6:11-cv-06358	Judgment Barrett v. Peters	May 14, 2015	May 14, 2015 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	Application for Leave to Proceed IFP. Filed by Jacob Barrett. (ljb) (Entered: 11/15/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
2	Complaint. Demand for Jury Trial.Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Oregon Department of Corrections, Jeff Premo, Janna Russell, Max Williams. (ljb) (Entered: 11/16/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
3	Motion for Appointment of Counsel. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
4	Motion for Court to Take Judicial Notice and to Disqualify Magistrate Judges Cooney, Jelderks and District Court Judges Hogan and King. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
5	Motion for Preliminary Injunction, Motion for Temporary Restraining Order. Filed by Jacob Barrett. (ljb) (Entered: 11/16/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
6	Memorandum in Support. Filed by Jacob Barrett. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 5 .) (ljb) (Entered: 11/16/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
7	Affidavit of Jacob Barrett in Support of Motion. Filed by Jacob Barrett. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order 5 .) (ljb) (Entered: 11/16/2011)	Nov. 10, 2011	Nov. 10, 2011 PACER
8	Clerk's Notice of Mailing to Plaintiff Jacob Barrett - receive-stamped copies of documents filed with the court. (mr) (Entered: 11/22/2011)	Nov. 22, 2011	Nov. 22, 2011 PACER
9	ORDER: Plaintiff's Motion for Appointment of Counsel 3 is DENIED. See attached 3-page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)	Jan. 2, 2012	Jan. 2, 2012 PACER
10	ORDER: Plaintiff's motion for the court to take judicial notice of bias and disqualify judges 4 is DENIED as moot. See attached 1-page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)	Jan. 2, 2012	Jan. 2, 2012 PACER
11	ORDER: Plaintiff's Motion for Preliminary Injunction and TemporaryRestraining Order 5 is DENIED. See attached 4-page order. Signed on 1/2/2012 by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. (mr) (Entered: 01/03/2012)	Jan. 2, 2012	Jan. 2, 2012 RECAP
12	ORDER TO PROCEED IN FORMA PAUPERIS AND TO COLLECT INMATE FILING FEE: Plaintiff's provisional in forma pauperis status is CONFIRMED. IT IS ORDERED that the Oregon Department of Corrections shall collect payments from Plaintiff's trust account and shall forward those payments to the Clerk of the Court in accordance with the formula set forth above until a total of $350.00 has been collected and forwarded. IT IS SO ORDERED. Signed on 1/2/2012 by Judge Marco A. Hernandez. (gw) (Entered: 01/05/2012)	Jan. 2, 2012	Jan. 2, 2012 PACER
14	Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 2/6/2012. (Attachment: # 1 Complaint) (gw) (Entered: 01/05/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
13	Clerk's Notice of Mailing to Oregon Department of Corrections Central Trust Unit of Order to Proceed IFP and to Collect Inmate Filing Fee 12 . (gw) (Entered: 01/05/2012)	Jan. 5, 2012	Jan. 5, 2012 PACER
15	Clerk's Notice of Mailing to Jacob Barrett of Order to Proceed IFP and to Collect Inmate Filing Fee 12, and Notice of Lawsuit 14 . (gw) (Entered: 01/05/2012)	Jan. 5, 2012	Jan. 5, 2012 PACER
16	Waiver of Service of Summons Returned Executed Filed by Janna Russell, Michelle Whitney Dodson, Jeff Premo, Oregon Department of Corrections, Max Williams. (Kamins, Jacqueline) (Entered: 02/06/2012)	Feb. 6, 2012	Feb. 6, 2012 PACER
17	Answer to 2 Complaint with Jury Demand (titled as Defendants' Answer to Plaintiff's Complaint and Affirmative Defenses - Jury Demand). Filed by Michelle Whitney Dodson, Oregon Department of Corrections, Jeff Premo, Janna Russell, Max Williams. (Kamins, Jacqueline) (Entered: 02/27/2012)	Feb. 27, 2012	Feb. 27, 2012 PACER
18	Amended Complaint. No motion for leave to file amended complaint included. Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Oregon Department of Corrections, Jeff Premo, Max Williams. (Attachments: # 1 Attachments 1-3, # 2 Certificate of Service) (gw) (Entered: 02/28/2012) 1 Attachments 1-3 View on PACER 2 Certificate of Service View on PACER	Feb. 27, 2012	Feb. 27, 2012 RECAP
19	Scheduling Order for Civil Rights Actions Filed by Incarcerated Plaintiffs. Summary Judgment Advice Notice and Consent Form. All pretrial, discovery, and dispositive motions are due by 5/3/2012. Signed on 3/1/2012 by Deputy Clerk G. Williams. (gw) Modified on 3/1/2012 to show that order was signed by G. Williams, not Judge Hernandez (gw). (Entered: 03/01/2012)	March 1, 2012	March 1, 2012 PACER
20	Clerk's Notice of Mailing to Jacob Barrett of Prisoner Civil Rights Scheduling Order and Summary Judgment Advice Notice 19 . (gw) (Entered: 03/01/2012)	March 1, 2012	March 1, 2012 PACER
21	Notice of Attorney Substitution:Attorney Kristin A. Winges-Yanez is substituted as counsel of record in place of Attorney Jacqueline Sadker Kamins Filed by Janna Russell, Michelle Whitney Dodson, Jeff Premo, Max Williams (Winges-Yanez, Kristin) (Entered: 04/04/2012)	April 4, 2012	April 4, 2012 PACER
22	Motion for Extension of Time. Filed by Jacob Barrett. (gw) (Entered: 04/19/2012)	April 16, 2012	April 16, 2012 PACER
23	ORDER: Plaintiff's Motion for Extension of Time 22 is GRANTED. All pretrial, discovery, and dispositive motions are due by 7/2/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 04/30/2012)	April 30, 2012	April 30, 2012 PACER
24	Motion for Leave to File Second Amended Complaint. Filed by Jacob Barrett. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Attachments 1, 2 and 3, # 3 Certificate of Service) (gw) (Entered: 05/11/2012)	May 9, 2012	May 9, 2012 PACER
25	Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges-Yanez, Kristin) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
26	Declaration of Kristin A. Winges-Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 25 .) (Winges-Yanez, Kristin) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
27	ORDER: Defendants' Motion for Extension of Time 25 is GRANTED. The deadline for Defendants to respond to Plaintiff's First Request for Production of Documents and Admissions is 6/11/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 05/23/2012)	May 23, 2012	May 23, 2012 PACER
28	ORDER: Plaintiff's unopposed Motion to file a Second Amended Complaint 24 is GRANTED. The Second Amended Complaint, docket # 24, attachment #1, supersedes all previously filed complaints. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 06/05/2012)	June 5, 2012	June 5, 2012 PACER
29	Second Amended Complaint. Filed by Jacob Barrett against Michelle Whitney Dodson, Jane Doe, Jeff Premo, Max Williams. (Attachments: # 1 Attachment). (mr) (Entered: 06/15/2012)	June 5, 2012	June 5, 2012 PACER
30	Answer to 29 Amended Complaint with Jury Demand . Filed by Michelle Whitney Dodson, Jeff Premo, Max Williams. (Winges-Yanez, Kristin) (Entered: 06/15/2012)	June 15, 2012	June 15, 2012 PACER
31	Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges-Yanez, Kristin) (Entered: 07/02/2012)	July 2, 2012	July 2, 2012 PACER
32	Declaration of Kristin Winges-Yanez . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Related document(s): Motion for Extension of Time 31 .) (Winges-Yanez, Kristin) (Entered: 07/02/2012)	July 2, 2012	July 2, 2012 PACER
33	ORDER: Defendants' Motion for Extension of Time 31 is GRANTED. The deadline for filing of dispositive motions is reset to 8/31/2012. Ordered by Judge Marco A. Hernandez. Copy of order mailed to plaintiff. Modified to update service information on 7/3/2012 (mr). (Entered: 07/03/2012)	July 3, 2012	July 3, 2012 PACER
34	Motion to Strike Answer to Second Amended Complaint 30 and Affirmative Defenses and Order for Defendants to File a Proper Response and Answer. Filed by Jacob Barrett. (ljb) (Entered: 07/09/2012)	July 9, 2012	July 9, 2012 PACER
35	Motion for Extension of Time. Filed by Jacob Barrett. (ljb) (Entered: 07/09/2012)	July 9, 2012	July 9, 2012 PACER
36	Notice of Dispute over Discovery and Request to Resolve the Dispute. Filed by Jacob Barrett (ljb) (Entered: 07/09/2012)	July 9, 2012	July 9, 2012 PACER
37	STRICKEN per order dated 7/18/2012. ORDER - Granting Plaintiff's Motion for Extension of Time 35 .Dispositive motions are due by 9/6/2012. Ordered by Judge Michael H. Simon. (mja) Modified on 7/18/2012 (mr). (Entered: 07/18/2012)	July 18, 2012	July 18, 2012 PACER
38	Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Order on motion for extension of time 37 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The order shall be stricken and ruling shall be made by the presiding judge in the case. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 07/18/2012)	July 18, 2012	July 18, 2012 PACER
39	ORDER: Granting Plaintiff's Motion for Extension of Time 35 . Plaintiff's dispositive motions are due by 9/4/2012. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 07/18/2012)	July 18, 2012	July 18, 2012 PACER
40	Motion for Extension of Time . Filed by Michelle Whitney Dodson, Jeff Premo, Janna Russell, Max Williams. (Winges-Yanez, Kristin) (Entered: 07/26/2012)	July 26, 2012	July 26, 2012 PACER

Case: Barrett v. Premo

6:11-cv-06358 | U.S. District Court for the District of Oregon

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