Case: Jordan v. Hood

1:03-cv-02320 | U.S. District Court for the District of Colorado

Filed Date: Nov. 20, 2003

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On November 20, 2003, Plaintiff Mark Jordan, an inmate at the United States Penitentiary, Administrative Maximum 2 facility in Florence, Colorado ("Florence ADX"), commenced this action in the U.S. District Court for Colorado on November 20, 2003, seeking declaratory relief, injunctive relief and damages arising out of alleged violations of his First and Fifth Amendment rights.Plaintiff claimed that his rights were being violated by the Federal Bureau of Prisons by enforcing 28 C.F.R. § 540.71(…

On November 20, 2003, Plaintiff Mark Jordan, an inmate at the United States Penitentiary, Administrative Maximum 2 facility in Florence, Colorado ("Florence ADX"), commenced this action in the U.S. District Court for Colorado on November 20, 2003, seeking declaratory relief, injunctive relief and damages arising out of alleged violations of his First and Fifth Amendment rights.

Plaintiff claimed that his rights were being violated by the Federal Bureau of Prisons by enforcing 28 C.F.R. § 540.71(a)(2), which prevents inmates from receiving soft cover publications unless sent directly from the publisher, a bookclub, or a bookstore.

Following a one day bench trial Monday, June 12, 2006, the District Court (Judge Phillip S. Figa) entered judgment in favor of plaintiff on October 26, 2006 as follows:

1. Declared 28 C.F.R. § 540.71(a)(2) to be unconstitutional as to Mr. Jordan as applied specifically to unbound printed pages such as newspaper or magazine clippings, photocopies of newspaper or magazine articles, and internet printouts to the extent that these items do not exceed reasonable length or volume limitations or other reasonable restrictions otherwise applicable to inmate correspondence and mail; and

2. Permanently enjoined defendants from applying and enforcing 28 C.F.R. § 540.71(a)(2) in such a manner as to prevent Mr. Jordan from receiving such items from sources other than publishers, book clubs or bookstores.

According to the PACER docket, the Federal Bureau of Prisons did not file a notice of appeal as to the Court's judgment.

Summary Authors

Dan Dalton (3/5/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4694149/parties/jordan-v-hood/


Judge(s)

Figa, Phillip S. (Colorado)

Watanabe, Michael J. (Colorado)

Attorney for Plaintiff

Ramey, Edward T. (Colorado)

Attorney for Defendant

Pharo, William George (Colorado)

Judge(s)

Figa, Phillip S. (Colorado)

Watanabe, Michael J. (Colorado)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

1:03-cv-02320

Docket (PACER)

Oct. 26, 2006

Oct. 26, 2006

Docket
105

1:03-cv-02320

Order and Judgment

Oct. 26, 2006

Oct. 26, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4694149/jordan-v-hood/

Last updated Feb. 15, 2024, 3:26 a.m.

ECF Number Description Date Link Date / Link
57

ORDER granting Unopposed 55 Motion for Modification of Scheduling Order, discovery cutoff extended to 8/31/05, dispositive motion ddl extended to 9/20/05. Hearing on dispositive motions set 8/11/05 is vacated and reset to 11/10/05 at 9:00 a.m. Signed by Judge Phillip S. Figa on 6/27/05. (gms, )

June 27, 2005

June 27, 2005

RECAP
59

Minute ORDER granting Plaintiff's 58 Second Unopposed Motion for Modification of Scheduling Order, by Judge Phillip S. Figa on 8/30/05. (emksl, )

Aug. 30, 2005

Aug. 30, 2005

RECAP
65

ORDER: Final Pretrial Conference reset for 12/6/2005 08:15 AM before Judge Phillip S. Figa. Signed by Judge Phillip S. Figa on 11/3/05. (emksl, )

Nov. 3, 2005

Nov. 3, 2005

RECAP
81

ORDER granting 79 Plaintiff's Motion for Leave to File Reply in Support of Motion for Partial Summary Judgment Two Days Late. Signed by Judge Phillip S. Figa on 12/30/05. (emksl, )

Dec. 30, 2005

Dec. 30, 2005

RECAP
84

ORDER: Final Pretrial Conference reset for 2/21/2006 10:30 AM before Judge Phillip S. Figa. Signed by Judge Phillip S. Figa on 1/10/06. (emksl, )

Jan. 10, 2006

Jan. 10, 2006

RECAP
88

ORDER rejecting the 87 Proposed Pretrial Order filed by Federal Bureau of Prisons, Mark Jordan, Robert A. Hood, Mary H. Sosa. Stipulations and revised proposed pretrial order due in advance of final pretrial conference set 2/21/06. Signed by Judge Phillip S. Figa on 2/14/06. (gms, )

Feb. 14, 2006

Feb. 14, 2006

RECAP
89

ORDER directing Plaintiff to make monthly filing fee payment or to show cause. Plaintiff is to make monthly payments or to show cause why he cannot.. Signed by Magistrate Judge Michael J. Watanabe on 02/15/06. (rlp2, )

Feb. 15, 2006

Feb. 15, 2006

RECAP
93

ORDER re: 89 Order to Show Cause VACATED. Signed by Magistrate Judge Michael J. Watanabe on 03/06/06. (rlp, )

March 6, 2006

March 6, 2006

RECAP
97

ORDER setting Final Trial Preparation Conference for 6/7/2006 at 02:30 PM before Judge Phillip S. Figa, confirming that a three day trial to the Court is scheduled for 06/12/06 at 9:30 a.m., Signed by Judge Phillip S. Figa on 06/05/06. (rlp, )

June 5, 2006

June 5, 2006

RECAP
104

AMENDED Minute Entry for proceedings held before Judge Phillip S. Figa : denying 62 Motion for Partial Summary Judgment; Trial Preparation Conference held on 6/7/2006, see docket 101 , minutes amended as to motion. (Court Reporter Darlene Martinez.) (rlp, )

June 7, 2006

June 7, 2006

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 20, 2003

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An inmate at the United States Penitentiary Administrative Maximum facility in Florence, Colorado, claiming his constitutional rights are violated by a law which prevents inmates from receiving soft cover publications unless sent from the publisher

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Federal Bureau of Prisons , Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2006 - 0

Issues

General:

Mail

Type of Facility:

Government-run