Case: Prison Legal News v. Mascara

2:13-cv-14481 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 17, 2013

Closed Date: Dec. 17, 2014

Clearinghouse coding complete

Case Summary

This case is about a challenge to a Florida jail’s policy which restricted the size dimensions of prisoners' mail. On December 17, 2013, Prison Legal News filed suit in the U.S. District Court for the Southern District of Florida against Kenneth J. Mascara in his official capacity as the Sheriff of St. Lucie County Jail. The plaintiffs, represented by Florida Justice Institute and the Human Rights Defense Center, alleged violations of their First and Fourteenth Amendment rights. They sued under 42 U.S.C. § 1983 for damages, declaratory relief, and an injunction preventing the Sheriff from enforcing a policy at the jail that required all incoming mail sent to people in jail to be on 4.25x6" postcards. The case was assigned to Judge Jose E. Martinez and Magistrate Judge Frank J. Lynch, Jr.

Prison Legal News argued that the jail’s policy, as overseen and enforced by the Sheriff, unconstitutionally hindered its ability to send its monthly publications, sample issues, information packets, and books to prisoners. Plaintiffs made various attempts from February 2012 through June 2013 to mail these materials to specific prisoners, but the jail rejected and returned them to the plaintiffs for not being postcard-sized. Arguing that the defendant's actions of sending materials to inmates in the jail constituted core protected speech, the plaintiffs alleged that the refusal to deliver its materials pursuant to the postcard policy violated their rights of free speech, press, and association under the First and Fourteenth Amendments. Further, the plaintiffs alleged that the defendant violated the Due Process Clause of the Fourteenth Amendment by denying them the opportunity to be heard or protest the decision each time the jail intercepted its materials. At the same time they filed the complaint, Prison Legal News also filed a motion for preliminary injunction against enforcement of the postcard policy.

The defendants voluntarily amended their mail policy during the course of litigation. Amended in January of 2014, the updated policy allowed prisoners "who want[ed] a publication not offered via the leisure library [to] receive approved publications directly form the publisher or authorized commercial distributor at the inmate's own expense, subject ot certain limitations and restrictions imposed to ensure the safety and security of the jail."

In April 2014, Magistrate Judge Lynch issued a Report and Recommendation that the preliminary injunction be granted in part “only insofar as the amended policy instituted by the Defendant during the pendency of this litigation shall remain in full force and effect during this litigation and that all correspondence including books, periodicals, magazines, and correspondence by envelope which is considered privileged between the Plaintiff and inmates shall be considered an exception to the postcard only policy.” Judge Martinez affirmed and adopted the recommendation.

Several months later, Magistrate Judge Lynch referred the case to mediation. Having resolved the injunctive portion of the case through the amended policy, the parties reached a settlement agreement on December 1, 2014 that indicated that the Sheriff would pay Prison Legal News $50,000 (inclusive of all costs and attorneys’ fees). Per the terms of the settlement agreement, the parties then filed a Joint Stipulation of Voluntary Dismissal with Prejudice. On December 17, 2014, the court issued a final order dismissing the case with prejudice and retaining jurisdiction to enforce the terms of the parties’ settlement agreement. The court further denied all pending motions as moot and closed the case.

show full summary

Summary Authors

Zoe Goldstein (2/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13231344/parties/prison-legal-news-v-mascara/

Judge(s)

Lynch, Frank J. Jr. (Florida)

Attorney for Plaintiff

Berg, Randall Challen Jr. (Florida)

Jack, Robert Erle (Florida)

Attorney for Defendant

Jisa, Adriana Mihaela (Florida)

Jolly, Bruce (Florida)

Judge(s)

Lynch, Frank J. Jr. (Florida)

Martinez, Jose E. (Florida)

Attorney for Plaintiff

Berg, Randall Challen Jr. (Florida)

Jack, Robert Erle (Florida)

Trevisani, Dante Pasquale (Florida)

Weber, Lance Theodore (Florida)

Attorney for Defendant

Jisa, Adriana Mihaela (Florida)

Jolly, Bruce (Florida)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
2:13-cv-14481	Docket [PACER]	Dec. 17, 2013	Dec. 17, 2013 Docket
1 2:13-cv-14481	Verified Complaint for Damages and Injunctive Relief	Dec. 17, 2013	Dec. 17, 2013 Complaint
23 2:13-cv-14481	Report and Recommendation on Plaintiff's Motion for Preliminary Injunction	April 9, 2014	April 9, 2014 Magistrate Report/Recommendation
38 2:13-cv-14481	Order Adopting Magistrate Judge Lynch's Report and Recommendation	Sept. 8, 2014	Sept. 8, 2014 Order/Opinion
2:13-cv-14481	Settlement Agreement	Dec. 1, 2014	Dec. 1, 2014 Settlement Agreement
41 2:13-cv-14481	Final Order of Dismissal With Prejudice and Order Denying All Pending Motions as Moot	Dec. 17, 2014	Dec. 17, 2014 Order/Opinion

show / hide documents

Resources

Title	Description		External URL Date / External URL
PLN Challenges Postcard-only Policy at Florida Jail Prison Legal News	On December 17, 2013, Prison Legal News filed suit in federal court against St. Lucie County, Florida Sheriff Ken J. Mascara; the lawsuit alleges unconstitutional censorship based on a policy at the …	Jan. 15, 2014	Jan. 15, 2014 https://www.prisonlegalnews.org/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13231344/prison-legal-news-v-mascara/

Last updated March 31, 2024, 3:03 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint pursuant to 42 USC 1983 against Kenneth J. Mascara. Filing fee $ 400.00 receipt number 113C-6317668, filed by Prison Legal News. (Attachments: # 1 Exhibit A-Standard Operating Procedure 810.00, # 2 Summon(s) Serving Kenneth J. Mascara, # 3 Civil Cover Sheet)(Berg, Randall) (Entered: 12/17/2013)	Dec. 17, 2013	Dec. 17, 2013 Clearinghouse
2	Judge Assignment to Judge Jose E. Martinez and Magistrate Judge Frank J. Lynch, Jr (vjk) (Entered: 12/17/2013)	Dec. 17, 2013	Dec. 17, 2013 PACER
3	Summons Issued as to Sheriff of St. Lucie County, Florida. (vjk) (Entered: 12/17/2013)	Dec. 17, 2013	Dec. 17, 2013 PACER
4	MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Exhibit 1 - Standard Operating Procedure 810.00, # 2 Exhibit 2 - PLN v. Fulton County Order, # 3 Exhibit 3 - PLN v. Berkeley County Consent Injunction, # 4 Exhibit 4 - Hamilton v. Hall Order Approving Consent Decree, # 5 Exhibit 5 - Martinez v. Maketa Order Approving Settlement, # 6 Exhibit 6 - Declaration of Michael A. Berg)(Trevisani, Dante) (Entered: 12/17/2013)	Dec. 17, 2013	Dec. 17, 2013 PACER
5	Order Requiring Joint Scheduling Report Signed by Judge Jose E. Martinez on 12/19/2013. (dq) (Entered: 12/19/2013)	Dec. 19, 2013	Dec. 19, 2013 PACER
6	Certificate of Interested Parties and Corporate Disclosure Statement by Prison Legal News identifying Corporate Parent Human Rights Defense Center for Prison Legal News (Berg, Randall) Modified text on 1/3/2014 (jua). (Entered: 01/03/2014)	Jan. 3, 2014	Jan. 3, 2014 PACER
7	SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline by Prison Legal News. Sheriff of St. Lucie County, Florida served on 12/30/2013, answer due 1/21/2014. (Berg, Randall) (Entered: 01/07/2014)	Jan. 7, 2014	Jan. 7, 2014 PACER
8	NOTICE of Attorney Appearance by Lance T Weber on behalf of Prison Legal News. Attorney Lance T Weber added to party Prison Legal News(pty:pla). (Weber, Lance) (Entered: 01/07/2014)	Jan. 7, 2014	Jan. 7, 2014 PACER
9	NOTICE of Attorney Appearance by Robert Erle Jack on behalf of Prison Legal News. Attorney Robert Erle Jack added to party Prison Legal News(pty:pla). (Jack, Robert) (Entered: 01/07/2014)	Jan. 7, 2014	Jan. 7, 2014 PACER
10	NOTICE of Attorney Appearance by Bruce Wallace Jolly on behalf of Sheriff of St. Lucie County, Florida. Attorney Bruce Wallace Jolly added to party Sheriff of St. Lucie County, Florida(pty:dft). (Jolly, Bruce) (Entered: 01/21/2014)	Jan. 21, 2014	Jan. 21, 2014 PACER
11	MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint 42 USC 1983 or Bivens, by Sheriff of St. Lucie County, Florida. (Jolly, Bruce) (Entered: 01/21/2014)	Jan. 21, 2014	Jan. 21, 2014 PACER
12	NOTICE of Attorney Appearance by Adriana Mihaela Jisa on behalf of Sheriff of St. Lucie County, Florida. Attorney Adriana Mihaela Jisa added to party Sheriff of St. Lucie County, Florida(pty:dft). (Jisa, Adriana) (Entered: 01/21/2014)	Jan. 21, 2014	Jan. 21, 2014 PACER
13	ANSWER and Affirmative Defenses to Complaint by Sheriff of St. Lucie County, Florida. (Jisa, Adriana) (Entered: 01/24/2014)	Jan. 24, 2014	Jan. 24, 2014 PACER
14	CERTIFICATE of Interested Persons and Corporate Disclosure Statement by Sheriff of St. Lucie County, Florida (Jisa, Adriana) Modified text on 1/24/2014 (jua). (Entered: 01/24/2014)	Jan. 24, 2014	Jan. 24, 2014 PACER
15	Plaintiff's MOTION for Hearing re 4 MOTION for Preliminary Injunction by Prison Legal News. (Berg, Randall) (Entered: 02/07/2014)	Feb. 7, 2014	Feb. 7, 2014 PACER
16	Paperless ORDER granting 11 Motion for Extension of Time. Defendant's Answer and Defenses (D.E. No. 13) are accepted as filed. Signed by Judge Jose E. Martinez on 2/10/2014. (tde) (Entered: 02/10/2014)	Feb. 10, 2014	Feb. 10, 2014 PACER
17	ORDER REFERRING 4 MOTION for Preliminary Injunction filed by Prison Legal News. Motions referred to Magistrate Judge Frank J. Lynch, Jr. Signed by Judge Jose E. Martinez on 2/20/2014. (wh) (Entered: 02/20/2014)	Feb. 20, 2014	Feb. 20, 2014 PACER
18	ORDER Directing Defendant to File Response to 4 Motion for Preliminary Injunction and for the Parties to File a Joint Notice; denying 15 Motion for a Prompt Hearing on Plaintiff's Motion For Preliminary Injunction. Defendant shall file his answer to the Motion For Preliminary lnjunction on or before 3/4/2014. The parties shall meet and confer in a good faith attempt to resolve the issues in this matter and file their joint notice on or before 3/4/2014. Signed by Magistrate Judge Frank J. Lynch, Jr on 2/21/2014. (jua) (Entered: 02/21/2014)	Feb. 21, 2014	Feb. 21, 2014 PACER
	Set Deadlines as to 4 MOTION for Preliminary Injunction per DE 18 . Responses due by 3/4/2014 (jua)	Feb. 21, 2014	Feb. 21, 2014 PACER
19	RESPONSE in Opposition re 4 MOTION for Preliminary Injunction filed by Sheriff of St. Lucie County, Florida. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jisa, Adriana) (Entered: 03/04/2014)	March 4, 2014	March 4, 2014 PACER
20	JOINT NOTICE by Prison Legal News Confirming Conference as to Issues Remaining in Dispute (Trevisani, Dante) Modified text on 3/5/2014 (jua). (Entered: 03/04/2014)	March 4, 2014	March 4, 2014 PACER
21	JOINT SCHEDULING REPORT - Rule 16.1 by Prison Legal News (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order)(Berg, Randall) Modified text on 3/10/2014 (jua). (Entered: 03/07/2014)	March 7, 2014	March 7, 2014 PACER
22	REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by Prison Legal News. (Trevisani, Dante) (Entered: 03/13/2014)	March 13, 2014	March 13, 2014 PACER
23	REPORT AND RECOMMENDATIONS Recommending that the Plaintiff's 4 Motion for Preliminary Injunction be Granted in Part and Denied in Part. Objections to R&R due by 4/25/2014. Signed by Magistrate Judge Frank J. Lynch, Jr on 4/8/2014. (jua) (Entered: 04/09/2014)	April 8, 2014	April 8, 2014 Clearinghouse
24	Joint MOTION for Extension of Time to File Objections to Report and Recommendations on Plaintiff's Motion for Preliminary Injunction re 23 REPORT AND RECOMMENDATIONS re 4 MOTION for Preliminary Injunction filed by Prison Legal News Recommending that the Plaintiff's 4 Motion for Preliminary Injunction be Granted in Part and Denied in Part. by Sheriff of St. Lucie County, Florida. Responses due by 5/5/2014 (Jolly, Bruce) (Entered: 04/18/2014)	April 18, 2014	April 18, 2014 PACER
25	Paperless ORDER granting 24 the parties' Joint Motion for Enlargement of Time. The parties may have up to and including May 5, 2014 to file objections to the Report and Recommendation (D.E. No. 23). Signed by Judge Jose E. Martinez on 4/22/2014. (tde) (Entered: 04/22/2014)	April 22, 2014	April 22, 2014 PACER
26	Joint MOTION for Extension of Time to File Objections to the Report and Recommendations (DE 23) re 23 REPORT AND RECOMMENDATIONS re 4 MOTION for Preliminary Injunction filed by Prison Legal News Recommending that the Plaintiff's 4 Motion for Preliminary Injunction be Granted in Part and Denied in Part. by Prison Legal News. Responses due by 5/19/2014 (Berg, Randall) (Entered: 05/02/2014)	May 2, 2014	May 2, 2014 PACER
27	NOTICE by Sheriff of St. Lucie County, Florida re 23 REPORT AND RECOMMENDATIONS re 4 MOTION for Preliminary Injunction filed by Prison Legal News Recommending that the Plaintiff's 4 Motion for Preliminary Injunction be Granted in Part and Denied in Part. Objections (Jisa, Adriana) (Entered: 05/12/2014)	May 12, 2014	May 12, 2014 PACER
28	Plaintiff's OBJECTION of Magistrate Judge 23 REPORT AND RECOMMENDATIONS re 4 MOTION for Preliminary Injunction filed by Prison Legal News Recommending that the Plaintiff's 4 Motion for Preliminary Injunction be Granted in Part and Denied in Part. to District Court (Trevisani, Dante) (Entered: 05/12/2014)	May 12, 2014	May 12, 2014 PACER
29	OBJECTIONS to 23 Report and Recommendations by Sheriff of St. Lucie County, Florida. (See DE 27 for image) (jua) (Entered: 05/13/2014)	May 12, 2014	May 12, 2014 PACER
31	OBJECTIONS to 23 Report and Recommendations by Prison Legal News. (See DE 28 for image) (jua) (Entered: 05/13/2014)	May 12, 2014	May 12, 2014 PACER
30	Clerks Notice to Filer re 27 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#29]. It is not necessary to refile this document. (jua) (Entered: 05/13/2014)	May 13, 2014	May 13, 2014 PACER
32	Clerks Notice to Filer re 28 Plaintiff's OBJECTION of Magistrate Judge 23 REPORT AND RECOMMENDATIONS re 4 MOTION for Preliminary Injunction filed by Prison Legal News Recommending that the Plaintiff's 4 Motion for Preliminary Injunction be Grante. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#31]. It is not necessary to refile this document. (jua) (Entered: 05/13/2014)	May 13, 2014	May 13, 2014 PACER
33	RESPONSE TO OBJECTION to 23 Report and Recommendations by Prison Legal News. (Trevisani, Dante) (Entered: 05/15/2014)	May 15, 2014	May 15, 2014 PACER
34	Notice of Supplemental Authority re 4 MOTION for Preliminary Injunction by Prison Legal News (Attachments: # 1 Exhibit PLN v. Ventura County Order Granting Preliminary Injunction)(Trevisani, Dante) (Entered: 05/30/2014)	May 30, 2014	May 30, 2014 PACER
35	Paperless ORDER granting 26 Motion for Extension of Time. The parties' objections to the Magistrate's Report and Recommendations (D.E. No. 23) are accepted as filed. Signed by Judge Jose E. Martinez on 6/2/2014. (tde) (Entered: 06/02/2014)	June 2, 2014	June 2, 2014 PACER
36	ORDER Setting Civil Trial Date and Pretrial Schedule: ( Trial set for 1/26/2015 in Fort Pierce Division before Judge Jose E. Martinez., Calendar Call set for 1/22/2015 01:30 PM in Miami Division before Judge Jose E. Martinez., Amended Pleadings due by 9/18/2014., All Discovery due by 11/12/2014., Joinder of Parties due by 9/18/2014., Mediation Deadline 12/17/2014., In Limine Motions due by 12/29/2014., Dispositive Motions due by 11/17/2014., Joint Pretrial Stipulation due by 1/6/2015.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 12/17/2014.), ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr. for All Discovery Motions Signed by Judge Jose E. Martinez on 7/8/2014. (See order for further deadlines and details) (jua) (Entered: 07/09/2014)	July 8, 2014	July 8, 2014 PACER
37	Unopposed MOTION to Withdraw as Attorney for Plaintiff by Robert E. Jack. by Prison Legal News. Responses due by 8/25/2014 (Attachments: # 1 Text of Proposed Order)(Jack, Robert) (Entered: 08/08/2014) 1 Text of Proposed Order View on PACER	Aug. 8, 2014	Aug. 8, 2014 RECAP
38	ORDER adopting 23 Report and Recommendations ;granting in part 4 Motion for Preliminary Injunction. Signed by Judge Jose E. Martinez on 9/8/2014. (jua) (Entered: 09/08/2014)	Sept. 8, 2014	Sept. 8, 2014 Clearinghouse
39	ORDER GRANTING WITHDRAWAL OF COUNSEL; 37 Motion to Withdraw as Attorney. Attorney Robert Erle Jack terminated. Signed by Judge Jose E. Martinez on 09/22/2014. (yar) (Entered: 09/23/2014)	Sept. 23, 2014	Sept. 23, 2014 PACER
40	STIPULATION of Dismissal with Prejudice (Joint) by Prison Legal News (Berg, Randall) (Entered: 12/16/2014)	Dec. 16, 2014	Dec. 16, 2014 RECAP
41	FINAL ORDER of Dismissal with Prejudice and Order Denying All Pending Motions as Moot. Signed by Judge Jose E. Martinez on 12/17/2014. (jua) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 12/18/2014)	Dec. 17, 2014	Dec. 17, 2014 RECAP