Case: Prison Legal News v. Simmons

5:02-cv-04054 | U.S. District Court for the District of Kansas

Filed Date: April 4, 2002

Closed Date: Dec. 20, 2007

Clearinghouse coding complete

Case Summary

In 2002, a non-profit monthly periodical publisher filed an action in the U.S. District Court for the District of Kansas against the secretary of the Kansas Department of Corrections ("KDOC"), alleging that the plaintiff's First Amendment rights were violated by the defendant's regulations. The court consolidated the plaintiff's case with two ongoing cases that had been originally filed against KDOC officials by inmates under KDOC supervision. All plaintiffs were represented by private counsel …

In 2002, a non-profit monthly periodical publisher filed an action in the U.S. District Court for the District of Kansas against the secretary of the Kansas Department of Corrections ("KDOC"), alleging that the plaintiff's First Amendment rights were violated by the defendant's regulations. The court consolidated the plaintiff's case with two ongoing cases that had been originally filed against KDOC officials by inmates under KDOC supervision. All plaintiffs were represented by private counsel and sought declaratory and injunctive relief and actual damages.

Bringing their cases under 42 U.S.C. § 1983, the plaintiffs asserted that the KDOC regulations and policies violated their First Amendment rights, as well as Fifth and Fourteenth Amendment due process rights, since the rules prohibited inmates from receiving gift subscriptions of publications and limited the amount of money that inmates can spend on publications. The regulations also did not require any notification to a publisher when KDOC does not deliver a publication.

On April 29, 2003, the District Court (Judge G. Thomas VanBebber) granted defendants' motion for summary judgment and entered judgment in favor of defendants. Zimmerman v. Simmons, 260 F. Supp.2d 1077 (D. Kan. 2005). In its opinion, the Court held that the KDOC policies were reasonably related to legitimate penal interests, such as deterring crime, maintaining safety and protecting prisoners' abilities to honor financial obligations. The gradual system established under the regulations by which prisoners gained, over time, increased access to publications was viewed by the district judge as a reasonable behavior management tool.

Plaintiffs appealed. Counsel from the ACLU of Kansas and Western Missouri participated in the appeal as amicus curiae. On December 21, 2004, the Tenth Circuit reversed Judge VanBebber's decision. Jacklovich v.Simmons, 392 F.3d 420 (10th Cir. 2004) (Circuit Judge Paul Kelly, Jr.). Because grant of a motion for summary judgment was being appealed, the standard of appellate review required the court to view all pleadings in a light most favorable to the plaintiffs. In that light, Judge Kelly found that the KDOC's asserted bases (security and behavior management)for the regulations were insufficient and a district court trial was required to assess whether less restrictive alternatives existed. The appellate court also found so minimal the burden on KDOC of providing notice to publishers that an item had not been delivered to a prisoner that it directed the district court, on remand, to fashion a procedure for such notice.

After remand, defendant filed a motion for partial summary judgment based on qualified immunity in his individual capacity. The district court granted defendant's motion as to all claims against him in his individual capacity. The court also dismissed the cases filed by the prisoners, since their claims were rendered moot after they were paroled. Therefore, the only parties remaining were the publisher and the Secretary of Corrections. The issues before the court were (1) whether KDOC's regulations that prohibit gift subscriptions and limit the amount an inmate may spend on publications were unconstitutional and (2) fashioning an appropriate procedure that provides notification to publishers when an inmate does not receive a publication.

After a two-day trial in February 2007, District Judge Monti L. Belot issued an unpublished order on October 1, 2007. The judge found that the Kansas regulations were unconstitutional, particularly given the availability of less restrictive means of advancing the asserted penal interests and the lack of reasonably available alternative means for prisoners to access the information denied them under the regulations. He noted that the federal Bureau of Prisons allows prisoners to receive gift subscriptions, making the state's total ban difficult to persuasively justify. Judge Belot's opinion also adopted a form of individualized notice to publishers that the plaintiff had proposed as sufficient to give an opportunity to be heard when their publications had been rejected. The form was based on a federal BOP form.

Since this October 1, 2007 ruling, transcripts from the proceedings held on 2-13-2007 and 2-14-2007 were redacted, and a bill calculating attorney's fees was ordered on December 20, 2007. This bill totaled $62,760.00 in attorney's fees, $4,128.75 for nontaxable expenses and $2,422.07 for the bill of costs for a total judgment of $69,310.82.

Summary Authors

Mike Fagan (4/25/2008)

Christina Bonanni (11/3/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4664190/parties/prison-legal-news-v-simmons/

Judge(s)

Belot, Monti L. (Kansas)

Hartz, Harris L. (New Mexico)

Henry, Robert Harlan (Oklahoma)

Attorney for Plaintiff

Jacklovich, Joseph E (Kansas)

Attorney for Defendant

Johnson, Brian R (Kansas)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

5:02-cv-04054

Docket [PACER]

Dec. 27, 2007

Dec. 27, 2007

Docket

5:00-cv-03370

01-03017

5:02-cv-04054

Memorandum and Order

Zimmerman v. Simmons

April 28, 2003

April 28, 2003

Order/Opinion

260 F.Supp.2d 1077

03-03227

03-03230

[Appellate Opinion]

Jacklovich v. Simmons

U.S. Court of Appeals for the Tenth Circuit

Dec. 21, 2004

Dec. 21, 2004

Order/Opinion

392 F.3d 420

75

5:02-cv-04054

5:00-cv-03370

01-03017

Memorandum and Order

Nov. 22, 2005

Nov. 22, 2005

Order/Opinion

401 F.Supp.2d 1181

91

5:02-cv-04054

Memorandum Decision

Prison Legal News v. Werholtz

Oct. 1, 2007

Oct. 1, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4664190/prison-legal-news-v-simmons/

Last updated March 26, 2026, 4:39 a.m.

ECF Number Date Description Link
1 April 4, 2002

COMPLAINT with trial location of Topeka KS; (case referred to Magistrate Judge Catherine A. Walter) (SAL) (Entered: 04/04/2002)

RECAP
April 4, 2002

FILING FEE PAID on 4/4/02 in the amount of $ 150.00 Receipt # 045018 (SAL)

2 April 11, 2002

WAIVER OF SERVICE of summons by defendant Charles Simmons sent on 4/4/02 and signed on 4/5/02 (DO) (Entered: 04/12/2002)

RECAP
3 June 3, 2002

MOTION to extend time to answer by defendant, referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 06/04/2002)

RECAP
4 June 5, 2002

CLERK'S ORDER ENTERED extending time until 6/17/02 for defendant Charles Simmons to answer or otherwise plead [3-1] (DO) (Entered: 06/05/2002)

RECAP
5 June 11, 2002

MINUTE ORDER ENTERED by Clerk: Case reassigned from Judge Robinson to Judge G. T. VanBebber for all further proceedings. Case number changed to 02-4054-GTV. (cc: all counsel) (DO) (Entered: 06/12/2002)

RECAP
7 June 17, 2002

ANSWER by defendant to complaint [1-1] (DO) (Entered: 06/19/2002)

RECAP
6 June 18, 2002

ORDER ENTERED by Magistrate Judge Catherine A. Walter: scheduling conference by telephone set for 11:00 8/1/02 (cc: all counsel) (DO) (Entered: 06/18/2002)

RECAP
8 June 19, 2002

MOTION to amend and substitute answer by defendant referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 06/20/2002)

RECAP
9 July 2, 2002

ORDER ENTERED by Magistrate Judge Catherine A. Walter granting motion to amend and substitute answer by defendant [8-1] (cc: all counsel) (DO) (Entered: 07/03/2002)

RECAP
10 July 2, 2002

AMENDED ANSWER re: answer [7-1] re: complaint [1-1] by defendant (DO) Modified on 07/03/2002 (Entered: 07/03/2002)

RECAP
11 July 12, 2002

MOTION to consolidate cases by plaintiff referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 07/15/2002)

RECAP
12 July 22, 2002

MOTION to extend time to submit the planning report by defendant referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 07/23/2002)

RECAP
13 July 24, 2002

ORDER ENTERED: by Magistrate Judge Catherine A. Walter granting motion to extend time to 7/24/02 to submit the planning report by defendant [12-1] (cc: all counsel) (MB) (Entered: 07/24/2002)

RECAP
14 July 24, 2002

OBJECTIONS by defendant to motion to consolidate cases by plaintiff and appointment of counsel, referred to Magistrate Judge Catherine A. Walter [11-1] (DO) (Entered: 07/25/2002)

RECAP
15 Aug. 8, 2002

SCHEDULING ORDER ENTERED by Magistrate Judge Catherine A. Walter: Discovery deadline 11/20/02; dispositive motion deadline 12/20/02; final pretrial conference set for 10:30 12/5/02; court trial set on docket for 3/4/03. (cc: all counsel) (DO) Modified on 01/03/2003 (Entered: 08/08/2002)

RECAP
16 Aug. 16, 2002

NOTICE OF SERVICE of initial disclosures by plaintiff (DO) (Entered: 08/16/2002)

RECAP
17 Aug. 16, 2002

WITNESS LIST submitted by defendant (DO) (Entered: 08/19/2002)

RECAP
18 Sept. 25, 2002

SCHEDULING ORDER ENTERED by Judge G. T. VanBebber: Cases 00-3370, 01-3017 & 02-4054 shall not be consolidated at this time. Previous schedule set in case 02-4054 shall remain in place. Discovery in one case may be utilized in any of the other cases (cc: all counsel) (MB) Modified on 09/27/2002 (Entered: 09/25/2002)

RECAP
19 Oct. 7, 2002

NOTICE OF SERVICE of plaintiff's expert disclosures (DO) (Entered: 10/08/2002)

RECAP
20 Oct. 8, 2002

MOTION for appointment of counsel by Patrick Lynn, pro se, referred to Magistrate Judge Catherine A. Walter (DO) (Entered: 10/08/2002)

RECAP
21 Oct. 8, 2002

MOTION for leave to file reply out of time by Patrick Lynn, pro se, referred to Magistrate Judge Catherine A. Walter (DO) Modified on 10/11/2002 (Entered: 10/08/2002)

RECAP
22 Oct. 8, 2002

ORDER ENTERED by Magistrate Judge Catherine A. Walter: granting motion for leave to file reply out of time by Patrick Lynn, pro se [21-1]; denying motion for appointment of counsel by Patrick Lynn, pro se [20-1] (cc: all counsel) (DO) (Entered: 10/08/2002)

RECAP
23 Oct. 8, 2002

ORDER ENTERED by Judge G. T. VanBebber denying motion to consolidate cases by Patrick C. Lynn, pro se plaintiff in Case No. 01-3422-GTV [11-1]. (cc: all counsel) (DO) (Entered: 10/08/2002)

RECAP
24 Oct. 18, 2002

NOTICE OF SERVICE of discovery by defendant (DO) (Entered: 10/21/2002)

RECAP
25 Nov. 21, 2002

MINUTE ORDER ENTERED by Clerk: Case referred to Magistrate Judge Gerald L. Rushfelt (cc: all counsel) (DO) (Entered: 11/22/2002)

RECAP
26 Nov. 29, 2002

CERTIFICATE OF SERVICE of responses to interrogatories and requests for production of documents by plaintiff to deft on 11/27/02 (MB) (Entered: 11/29/2002)

RECAP
Dec. 12, 2002

Original file sent to KC Office consisting of: one file (SMND)

28 Dec. 23, 2002

MINUTE SHEET of pretrial conference before Magistrate Judge Rushfelt: dispositive motions to be filed by 1/21/03; estimated time of jury trial: 3 days. Court Reporter: n/a (DO) (Entered: 12/26/2002)

RECAP
27 Dec. 24, 2002

SUPPLEMENTAL SCHEDULING ORDER ENTERED by Judge G. T. VanBebber: Dispositive motion deadline reset for 1/21/03; Trial set for 5/6/03 (cc: counsel) (MB) (Entered: 12/24/2002)

RECAP
Jan. 8, 2003

Original file returned to Topeka consisting of: 1 file (BL)

29 Jan. 21, 2003

MOTION for summary judgment by plaintiff with attachments, referred to Judge G. T. VanBebber (DO) (Entered: 01/21/2003)

RECAP
30 Jan. 21, 2003

MOTION for judgment on the pleadings by defendant referred to Judge G. T. VanBebber, or in the alternative for summary judgment by defendant referred to Judge G. T. VanBebber (DO) (Entered: 01/22/2003)

RECAP
31 Jan. 21, 2003

MEMORANDUM in support of motion for judgment on the pleadings by defendant referred to Judge G. T. VanBebber [30-1], motion for summary judgment by defendant referred to Judge G. T. VanBebber [30-2] (DO) (Entered: 01/22/2003)

RECAP
32 Jan. 21, 2003

EXHIBITS in support of motion for judgment on the pleadings by defendant referred to Judge G. T. VanBebber [30-1], or in the alternative for summary judgment by defendant referred to Judge G. T. VanBebber [30-2] (DO) (Entered: 01/22/2003)

RECAP
33 Jan. 28, 2003

PRETRIAL ORDER ENTERED by Judge G. T. VanBebber: Trial will be set by the court at a later date; estimated trial time is 3 days in Kansas City. Terminating case referral of Magistrate Judge Gerald L. Rushfelt (cc: all counsel) (DO) (Entered: 01/30/2003)

RECAP
34 Feb. 11, 2003

RESPONSE by plaintiff to motion for summary judgment by defendant referred to Judge G. T. VanBebber [30-2] (DO) (Entered: 02/13/2003)

RECAP
35 Feb. 12, 2003

MOTION by defendant to extend time to respond to plaintiff's motion for summary judgment, referred to Judge G. T. VanBebber (DO) (Entered: 02/14/2003)

RECAP
36 Feb. 18, 2003

RESPONSE by defendants to motion for summary judgment by plaintiff, referred to Judge G. T. VanBebber [29-1] (DO) (Entered: 02/19/2003)

RECAP
37 Feb. 18, 2003

EXHIBITS by defendant in support of response [36-1] to motion for summary judgment by plaintiff, referred to Judge G. T. VanBebber [29-1] (DO) (Entered: 02/19/2003)

RECAP
38 Feb. 21, 2003

MINUTE ORDER ENTERED by Clerk granting motion by defendant to extend time to 2/18/03 to respond to plaintiff's motion for summary judgment [35-1] (cc: all counsel) (MB) (Entered: 02/25/2003)

RECAP
39 Feb. 26, 2003

SUPPLEMENTAL EXHIBIT by plaintiff in support of memorandum [31-1] re: motion for summary judgment by plaintiff with attachments, referred to Judge G. T. VanBebber [29-1] (DO) (Entered: 02/26/2003)

RECAP
40 Feb. 28, 2003

MOTION for Extension of Time by defendant to file reply to plaintiff's response to defendant's motion for summary judgment 31 34 30 (do) (Entered: 03/04/2003)

RECAP
41 March 5, 2003

MINUTE ORDER granting 40 Motion for Extension of Time until 3/5/03 to File Response/Reply re 40 . Signed by deputy clerk on 3/5/03. (yh) (Entered: 03/05/2003)

RECAP
42 March 5, 2003

REPLY by defendant to plaintiff's response re 30 Motion for Summary Judgment filed by Charles Simmons.(do) (Entered: 03/07/2003)

RECAP
43 April 28, 2003

ORDER denying 29 Plaintiff's Motion for Summary Judgment and granting Defendant's 30 Motion for Summary Judgment. Signed by Judge G. Thomas VanBebber on 4/28/03. (ms) (Entered: 04/28/2003)

RECAP
44 April 29, 2003

JUDGMENT regarding Memorandum and Order on Motion for Summary Judgment, in favor of defendant against plaintiff. Plaintiff to take nothing and the action is dismissed on the merits. Defendant to recover of plaintiff their costs of action. ***Terminating Case. Signed by deputy clerk on 4/29/03. (yh) (Entered: 04/29/2003)

RECAP
45 May 9, 2003

MOTION to Alter or Amend Judgment by Plaintiff Prison Legal News, Inc. (ms) (Entered: 05/12/2003)

RECAP
46 May 9, 2003

MEMORANDUM IN SUPPORT of 45 MOTION to Alter or Amend Judgment by Plaintiff Prison Legal News, Inc. (ms) (Entered: 05/12/2003)

RECAP
47 May 22, 2003

RESPONSE by Defendant Charles Simmons re 45 MOTION to Alter Judgment filed by Charles Simmons.(Madden, Timothy) (Entered: 05/22/2003)

RECAP
48 July 9, 2003

ORDER denying 45 Motion to Alter or Amend Judgment. Signed by Senior Judge G. Thomas VanBebber on 07/09/03. (smnd) (Entered: 07/09/2003)

RECAP
49 July 9, 2003

JUDGMENT regarding Order denying Motion to Alter or Amend Judgment. Signed by Deputy Clerk on 07/09/03. (smnd) (Entered: 07/09/2003)

RECAP
50 Aug. 1, 2003

NOTICE OF APPEAL as to 44 Judgment, 48 Order on Motion to Alter Judgment, 43 Order on Motion for Summary Judgment, Order on Motion for Judgment, and 49 Judgment by Plaintiff Prison Legal News, Inc. (Plenk, Bruce) Modified on 8/7/2003 (ms). (Entered: 08/01/2003)

RECAP
51 Aug. 4, 2003

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 50 Notice of Appeal (ms) (Entered: 08/04/2003)

RECAP
Aug. 5, 2003

APPEAL FEE PAID in the amount of $105; Receipt No. 046870 re Notice of Appeal 50 filed by Prison Legal News, Inc. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (ms)

52 Aug. 11, 2003

RECEIPT FROM 10CCA of preliminary record re 50 Notice of Appeal, Appeal No. 03-3229 (ms) (Entered: 08/12/2003)

RECAP
53 Aug. 11, 2003

APPEAL DOCKETED in 10CCA on 8/8/03 and assigned Appeal No. 03-3229 re 50 Notice of Appeal filed by Prison Legal News, Inc. (ms) (Entered: 08/12/2003)

RECAP
55 Aug. 18, 2003

TRANSCRIPT ORDER FORM stating no transcript required; filed by Prison Legal News, Inc. re 50 Notice of Appeal (Appeal No. 03-3229) (ms) (Entered: 08/20/2003)

RECAP
54 Aug. 19, 2003

Letter to 10CCA stating that the record is complete for purposes of appeal re 50 Notice of Appeal (Appeal No. 03-3229) (ms) (Entered: 08/19/2003)

RECAP
56 Oct. 16, 2003

DESIGNATION of Record on Appeal by Prison Legal News, Inc. re 50 Notice of Appeal - Final Judgment ( Appeal No. 03-3229) (Plenk, Bruce) (Entered: 10/16/2003)

RECAP
57 Oct. 16, 2003

MOTION for extension of time to designate the record on appeal by Plaintiff Prison Legal News, Inc. (Plenk, Bruce) (Entered: 10/16/2003)

RECAP
58 Nov. 17, 2003

ORDER of 10CCA granting appellant's motion to waive the appendix requirement and permit them to proceed on the record on appeal as to 50 Notice of Appeal - Final Judgment filed by Prison Legal News, Inc. (Appeal No. 03-3229) (smnd) (Entered: 11/17/2003)

RECAP
59 Nov. 19, 2003

DESIGNATION of Record on Appeal by Prison Legal News, Inc. re 50 Notice of Appeal - Final Judgment ( Appeal No. 03-3229) (Plenk, Bruce) (Entered: 11/19/2003)

RECAP
60 Dec. 1, 2003

RECORD ON APPEAL transmitted to 10CCA, one volume, re 50 Notice of Appeal (Appeal No. 03-3229) (ms) (Entered: 12/01/2003)

RECAP
61 Dec. 5, 2003

RECEIPT FROM 10CCA of record on appeal (one volume) re 50 Notice of Appeal, Appeal No. 03-3229 (ms) (Entered: 12/08/2003)

RECAP
62 Dec. 11, 2003

ORDER finding as moot 57 motion for extension of time to designate the record on appeal by Plaintiff Prison Legal News, Inc. Signed by deputy clerk on 12/11/03. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ms) (Entered: 12/11/2003)

RECAP
63 Jan. 14, 2005

APPEAL MANDATE from 10CCA reversing decision of the District Court as to Notice of Appeal - Final Judgment 50 filed by Prison Legal News, Inc. and remanding case to the United States District Court for the District of Kansas for further proceedings (smnd) (Entered: 01/14/2005)

RECAP
64 Feb. 23, 2005

NOTICE of Hearing: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) Status Conference set for 3/7/2005 at 2:00 PM before Senior Judge G. Thomas VanBebber. (yh, ) (Entered: 02/23/2005)

RECAP
65 Feb. 28, 2005

AMENDED NOTICE of Hearing: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) Telephone Status Conference set for 3/7/2005 at 2:00 PM before Senior Judge G. Thomas VanBebber. Call to be initiated by the Court.(yh, ) (Entered: 02/28/2005)

RECAP
66 May 6, 2005

PRETRIAL ORDER ENTERED; estimated trial time 4 days; Jury Trial set for 9/13/2005 at 09:30 AM before Senior Judge G. Thomas VanBebber. Signed by Judge G. Thomas VanBebber on 5/6/005. (yh, ) (Entered: 05/09/2005)

RECAP
67 June 3, 2005

MOTION for Partial Summary Judgment by Defendant Charles Simmons (Attachments: # 1 Memorandum in Support)(Madden, Timothy) (Entered: 06/03/2005)

RECAP
68 June 6, 2005

Case Reassigned to Judge Monti L Belot. Judge G. Thomas VanBebber no longer assigned to the case. (This is a text entry only; there is no document associated with this transaction) (yh, ) (Entered: 06/06/2005)

RECAP
69 June 27, 2005

RESPONSE by Plaintiff Prison Legal News, Inc. re 67 MOTION for Partial Summary Judgment (Plenk, Bruce) (Entered: 06/27/2005)

RECAP
70 June 30, 2005

Letter from Judge Belot. (sbw) (Entered: 06/30/2005)

RECAP
71 July 5, 2005

Final Witness & Exhibit List by Charles Simmons. (Madden, Timothy) (Entered: 07/05/2005)

RECAP
72 Aug. 1, 2005

MOTION for Suggested Relief by Plaintiff Prison Legal News, Inc. (Attachments: # 1 # 2 # 3)(Plenk, Bruce) (Entered: 08/01/2005)

RECAP
73 Aug. 1, 2005

Defendants' Proposal Regarding Publisher Notification (Madden, Timothy) Modified text on 8/2/2005 (ms). (Entered: 08/01/2005)

RECAP
74 Nov. 21, 2005

PRETRIAL ORDER ENTERED -- estimated trial time 4 days. Signed by Judge Monti L Belot on 11/21/05.(cs, ) (Entered: 11/21/2005)

RECAP
75 Nov. 22, 2005

MEMORANDUM AND ORDER granting 67 defendants' Motion for Partial Summary Judgment . Signed by Judge Monti L Belot on 11/21/05. (jh)

RECAP
76 Nov. 22, 2005

Letter from Judge Belot (jh) (Entered: 11/22/2005)

RECAP
Dec. 12, 2005

Minute Entry for proceedings held before Judge Monti L Belot : Telephone Status Conference held on 12/12/2005. (Court Reporter Cindy Schwemmer) No PDF Attached. (cl )

77 Jan. 24, 2006

Letter from Judge Belot. (sbw) (Entered: 01/24/2006)

RECAP
July 25, 2006

NOTICE of Telephone Conference: Telephone Conference set for 8/21/2006 at 02:00 PM before District Judge Monti L Belot. No PDF Attached.(cl )

Aug. 21, 2006

Minute Entry for proceedings held before Judge Monti L Belot: Status Conference held on 8/21/2006. Court Trial set 2/13/06. Revised PTO due 9/30/06. (Court Reporter Cindy Schwemmer.) No PDF Attached. (cl)

Sept. 11, 2006

MINUTE ORDER: The parties are granted until 10/31/06 to submit a proposed revised pretrial order to the court. Signed by Judge Monti L Belot on 9/11/06.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(cl)

78 Nov. 2, 2006

PRETRIAL ORDER ENTERED estimated trial time 4 days; Court Trial set for 2/13/2007 at 09:00 AM before District Judge Monti L Belot. SEE ORDER FOR FURTHER DETAILS. Signed by Judge Monti L Belot on 11/2/06.(cl) (Entered: 11/02/2006)

RECAP
Jan. 9, 2007

NOTICE of Telephone Conference: Telephone Conference set for 1/16/2007 at 10:30 AM before District Judge Monti L Belot. No PDF Attached.(cl )

79 Feb. 1, 2007

Witness & Exhibit List by Prison Legal News, Inc..(Plenk, Bruce) (Entered: 02/01/2007)

RECAP
80 Feb. 2, 2007

Final Witness & Exhibit List by Charles Simmons.(Madden, Timothy) (Entered: 02/02/2007)

RECAP
81 Feb. 3, 2007

CERTIFICATE OF SERVICE of Plaintiff's Witness and Exhibit List by Prison Legal News, Inc.. (Plenk, Bruce) (Entered: 02/03/2007)

RECAP
82 Feb. 14, 2007

Trial Witness & Exhibit List.(cs, ) (Entered: 02/15/2007)

RECAP
Feb. 14, 2007

Minute Entry for proceedings held before Judge Monti L Belot : Bench Trial held on 2/13/07 and 2/14/2007. Parties to submit briefs. Court takes under advisement. (Court Reporter Cindy Schwemmer.) (cl )

83 Aug. 10, 2007

TRANSCRIPT pgs 1 - 226 of Trial to the Court held 2-13-07 before Judge Belot, Court Reporter: Cindy Schwemmer. Volume: I of II. SEE DOCKET ENTRY 95 FOR REDACTED VERSION (Schwemmer, Cindy) Modified text on 11/19/2007 (mb). (Entered: 08/10/2007)

RECAP
84 Aug. 10, 2007

TRANSCRIPT pgs 227 - 426 (end) of Trial to the Court held 2-14-07 before Judge Belot, Court Reporter: Cindy Schwemmer. Volume: II of II. SEE DOCKET ENTRY 96 FOR REDACTED TRANSCRIPT. (Schwemmer, Cindy) Modified text on 11/19/2007 (mb). (Entered: 08/10/2007)

RECAP
85 Aug. 24, 2007

Joint MOTION for extension of time to file post-trial brief by Plaintiff Prison Legal News, Inc., Defendant Charles Simmons (Plenk, Bruce) (Entered: 08/24/2007)

RECAP
86 Aug. 27, 2007

ORDER granting 85 Motion for Extension of Time to File post-trial brief until 9/5/07. Signed by Judge Monti L Belot on 8/27/07. (cl ) (Entered: 08/27/2007)

RECAP
87 Sept. 5, 2007

TRIAL BRIEF by Prison Legal News, Inc..(Plenk, Bruce) (Entered: 09/05/2007)

RECAP
88 Sept. 5, 2007

CERTIFICATE OF SERVICE of trial brief by Prison Legal News, Inc. re 87 Trial Brief. (Plenk, Bruce) (Entered: 09/05/2007)

RECAP
89 Sept. 5, 2007

Proposed Findings of Fact by Charles Simmons.(Madden, Timothy) (Entered: 09/05/2007)

RECAP
90 Sept. 19, 2007

RESPONSE to Defendant's Proposed Findings of Fact and Conclusions of Law by Plaintiff Prison Legal News, Inc.. (Plenk, Bruce) (Entered: 09/19/2007)

RECAP

Case Details

State / Territory:

Kansas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 4, 2002

Closing Date: Dec. 20, 2007

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prison Legal News, Inc. a Washington state non-profit corporation that publishes the monthly periodical Prison Legal News.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Kansas Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

District of Kansas 5:02-cv-04054

District of Kansas 5:00-cv-03370

District of Kansas 01-03017

U.S. Court of Appeals for the Tenth Circuit 03-03227

U.S. Court of Appeals for the Tenth Circuit 03-03230

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $69,310.82

Order Duration: 2007 - 2007

Issues

General/Misc.:

Conditions of confinement

Mail

Affected Sex/Gender(s):

Male

Recommended Citation