Case: Prison Legal News v. Lindsey

3:07-cv-00367 | U.S. District Court for the Northern District of Texas

Filed Date: Feb. 27, 2007

Closed Date: 2007

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Case Summary

On February 27, 2007, Prison Legal News, a Washington non-profit corporation that published materials of interest for inmates, filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Texas, challenging a Dallas County Jail policy which prohibited inmates from receiving magazines and newspapers. Prison Legal News claimed that the Jail policy was an improper restriction on free speech in violation of the First and Fourteenth Amendments. Plaintiff sought de…

The same day the suit was filed, plaintiff requested a preliminary injunction. That request was subsequently denied by the District Court (Judge Jorge A Solis).

On September 28, 2007, plaintiff moved for summary judgment. Shortly thereafter, the parties settled the case. Judge Solis gave the parties 60 days to formalize the settlement and prepare the necessary closing papers.

On December 7, 2007, the court approved a consent decree in the case, and on December 19, 2007, the court dismissed the action with prejudice. Under the terms of the consent decree, the defendants agreed to allow Prison Legal News publications in all of the Dallas County correctional facilities. The defendants also agreed to pay $9000 in damages, fees, and costs.

Summary Authors

Kristen Sagar (10/1/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4390097/parties/prison-legal-news-v-lindsey/

Judge(s)

Solis, Jorge Antonio (Texas)

Attorney for Plaintiff

Harrington, James C (Texas)

Krause, Wayne Nicholas (Texas)

Medlock, Scott Charles (Texas)

Attorney for Defendant

Westergard, Dolena T. (Texas)

Judge(s)

Solis, Jorge Antonio (Texas)

Attorney for Plaintiff

Harrington, James C (Texas)

Krause, Wayne Nicholas (Texas)

Medlock, Scott Charles (Texas)

Yang, Wayne Krause (Texas)

Attorney for Defendant

Westergard, Dolena T. (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:07-cv-00367	Docket (PACER)	Dec. 19, 2007	Dec. 19, 2007 Docket
1 3:07-cv-00367	Plaintiff's Original Complaint	Feb. 27, 2007	Feb. 27, 2007 Complaint
37 3:07-cv-00367	Consent Decree and Settlement Agreement	Dec. 7, 2007	Dec. 7, 2007 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Prison Legal News Homepage	Prison Legal News (PLN), a project of the non-profit Human Rights Defense Center, is a 72-page monthly magazine that reports on criminal justice issues and prison and jail-related civil litigation, w…	May 1990	May 1, 1990 https://www.prisonlegalnews.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4390097/prison-legal-news-v-lindsey/

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

ECF Number	Date	Description	Link
1	Feb. 27, 2007	Plaintiff's Original COMPLAINT against Gary Lindsey, Lupe Valdez, Dallas County filed by Prison Legal News. (Filing fee $350; Receipt number 9066) (skt) (Entered: 02/28/2007)	RECAP
2	Feb. 27, 2007	Plaintiff's MOTION for a Preliminary Injunction by Prison Legal News (Attachments: # 1 Exhibit 1# 2 Exhibit 2, part 1# 3 Exhibit 2, part 2# 4 Exhibit 2, part 3# 5 Exhibit 2, part 4# 6 Exhibit 2, part 5# 7 Exhibit 2, part 6# 8 Exhibit 2, part 7# 9 Exhibit 3# 10 Exhibit 4# 11 Exhibit 5) (skt) (Entered: 02/28/2007) 1 Exhibit 1 View on RECAP 2 Exhibit 2, part 1 View on RECAP 3 Exhibit 2, part 2 View on RECAP 4 Exhibit 2, part 3 View on RECAP 5 Exhibit 2, part 4 View on RECAP 6 Exhibit 2, part 5 View on RECAP 7 Exhibit 2, part 6 View on RECAP 8 Exhibit 2, part 7 View on RECAP 9 Exhibit 3 View on RECAP 10 Exhibit 4 View on RECAP 11 Exhibit 5 View on RECAP	RECAP
3	Feb. 27, 2007	Summons Issued as to Gary Lindsey, Lupe Valdez, Dallas County. (skt) (Entered: 02/28/2007)	RECAP
6	Feb. 27, 2007	Application and Order for Admission Pro Hac Vice by Scott Medlock for Prison Legal News.(see order for specifics) (Signed by Judge Jorge A Solis on 02/27/07) (lmp) (Entered: 03/01/2007)	RECAP
	Feb. 27, 2007	***Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in this case. (skt)
4	Feb. 28, 2007	Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jorge A Solis on 2/28/2007) (skt) (Entered: 02/28/2007)	RECAP
5	Feb. 28, 2007	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Prison Legal News. (Krause, Wayne) (Entered: 02/28/2007)	RECAP
7	March 12, 2007	SUMMONS Returned Executed as to Dallas County served on 3/6/2007, answer due 3/26/2007. (Attachments: # 1 Exhibit 1) (Medlock, Scott) (Entered: 03/12/2007) 2 Exhibit 1 View on PACER	RECAP
8	March 15, 2007	SUMMONS Returned Executed as to Dallas County served on 3/9/2007, answer due 3/29/2007. (Krause, Wayne) (Entered: 03/15/2007)	RECAP
9	March 16, 2007	Advisory to Court Regarding Motion for Admission of Scott Medlock Pro Hac Vice by Prison Legal News re 6 Order for Admission Pro Hac Vice. (Attachments: # 1 Exhibit 1) (Medlock, Scott) Modified on 3/19/2007 (lmp). (Entered: 03/16/2007) 2 Exhibit 1 View on PACER	RECAP
10	March 16, 2007	SUMMONS Returned Executed as to Gary Lindsey served on 3/16/2007, answer due 4/5/2007. (Medlock, Scott) (Entered: 03/16/2007)	RECAP
11	March 16, 2007	SUMMONS Returned Executed as to Lupe Valdez served on 3/16/2007, answer due 4/5/2007. (Medlock, Scott) (Entered: 03/16/2007)	RECAP
12	March 26, 2007	Original ANSWER to Complaint by Gary Lindsey, Lupe Valdez, Dallas County (Westergard, Dolena) (Entered: 03/26/2007)	RECAP
13	March 26, 2007	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gary Lindsey, Lupe Valdez, Dallas County. (Westergard, Dolena) (Entered: 03/26/2007)	RECAP
14	April 2, 2007	Order Requiring Attorney Conference and Proposal for Contents of Scheduling and Discovery Order: Proposed Scheduling Order due by 5/7/2007.(see order for specifics) (Signed by Judge Jorge A Solis on 05/07/07) (lmp) (Entered: 04/03/2007)	RECAP
15	April 6, 2007	Advisory to Court Regarding Plaintiff's Motion for Prelimimary Injunction by Prison Legal News. (Medlock, Scott) Modified on 4/10/2007 (lmp). (Entered: 04/06/2007)	RECAP
16	April 18, 2007	RESPONSE filed by Gary Lindsey, Lupe Valdez, Dallas County re 2 MOTION for Injunction (Westergard, Dolena) (Entered: 04/18/2007)	RECAP
17	April 27, 2007	REPLY filed by Prison Legal News to Defendant's Response to Plaintiff's 2 MOTION for Preliminary Injunction (Medlock, Scott) Modified on 4/27/2007 (lmp). (Entered: 04/27/2007)	RECAP
18	May 3, 2007	Joint Settlement Status Report and Proposal for contents of scheduling and discovery order by Prison Legal News. (Medlock, Scott) Modified on 5/4/2007 (lmp). (Entered: 05/03/2007)	RECAP
19	May 4, 2007	SCHEDULING ORDER: Amended Pleadings due by 6/8/2007. Bench Trial set for 2/4/2008 09:00 AM before Judge Jorge A Solis. Discovery due by 9/7/2007. Pretrial Conference set for 1/18/2008 10:30 AM before Judge Jorge A Solis. Joinder of Parties due by 6/8/2007. Motions due by 10/9/2007. Proposed Pretrial Order due by 1/11/2008. Status Report due by 9/21/2007.(see order for specifics) (Signed by Judge Jorge A Solis on 05/04/07) (lmp) (Entered: 05/07/2007)	RECAP
20	May 23, 2007	ORDER: The Court requests that Defendants submit a copy of the policy now in effect by no later than Friday, June 1, 2007. (Signed by Judge Jorge A Solis on May 23, 2007) (jyg) (Entered: 05/23/2007)	RECAP
21	May 29, 2007	Appendix in Support filed by Gary Lindsey, Lupe Valdez, Dallas County re 16 Response to Motion for Preliminary Injunction and brief in support. (Westergard, Dolena) Modified on 5/29/2007 (lmp). (Entered: 05/29/2007)	RECAP
22	June 7, 2007	Designation of Experts by Prison Legal News. (Medlock, Scott) (Entered: 06/07/2007)	RECAP
23	June 18, 2007	ORDER denying 2 Plaintiff's Motion for Preliminary Injunction. The Court finds no threat of irreparable injury if an injunction is not granted, and also that an injunction at this time would not serve the public interest. Plaintiff has thus failed to meet its burden on two of the elements required for the grant of a preliminary injunction. (see order for speficis) (Signed by Judge Jorge A Solis on 06/18/2007) (axm) (Entered: 06/19/2007)	RECAP
24	June 19, 2007	NOTICE by Prison Legal News (Medlock, Scott) (Entered: 06/19/2007)	RECAP
25	June 28, 2007	NOTICE by Prison Legal News of Initial Disclosures (Krause, Wayne) (Entered: 06/28/2007)	RECAP
26	July 3, 2007	Certificate of Disclosure by Gary Lindsey, Lupe Valdez, Dallas County (Westergard, Dolena) Modified on 7/5/2007 (npk) (Entered: 07/03/2007)	RECAP
27	Aug. 13, 2007	Unopposed MOTION for Leave to File Amended Complaint by Prison Legal News (Attachments: # 1 Exhibit A# 2 Order) (Medlock, Scott) (Entered: 08/13/2007) 2 Exhibit A View on PACER 3 Order View on PACER	RECAP
28	Aug. 24, 2007	ORDER granting 27 Unopposed MOTION for Leave to File Amended Complaint. [Counsel granted leave to file an amended pleading under LR 15.1 is reminded to electronically file the amended pleading within 3 days. See ECF Standing Designation Order.] (Signed by Judge Jorge A Solis on 8/23/07) (npk) (Entered: 08/24/2007)	RECAP
29	Aug. 24, 2007	AMENDED COMPLAINT against Gary Lindsey, Lupe Valdez, Dallas County filed by Prison Legal News. (Medlock, Scott) (Entered: 08/24/2007)	RECAP
30	Aug. 28, 2007	Original ANSWER to Amended Complaint by Gary Lindsey, Lupe Valdez, Dallas County, Edgar McMillan (Westergard, Dolena) (Entered: 08/28/2007)	RECAP
31	Aug. 28, 2007	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Edgar McMillan. (Westergard, Dolena) (Entered: 08/28/2007)	RECAP
32	Aug. 28, 2007	Certificate of Disclosure by Edgar McMillan (Westergard, Dolena) (Entered: 08/28/2007)	RECAP
33	Sept. 20, 2007	* DISREGARD - SEE DOC. 34 * SETTLEMENT CONFERENCE REPORT by Prison Legal News, Gary Lindsey, Lupe Valdez, Dallas County, Edgar McMillan. (Westergard, Dolena) Modified on 9/21/2007 (Nunns, Tracy). (Entered: 09/20/2007)	RECAP
34	Sept. 21, 2007	SETTLEMENT CONFERENCE REPORT by Prison Legal News, Gary Lindsey, Lupe Valdez, Dallas County, Edgar McMillan. (Westergard, Dolena) (Entered: 09/21/2007)	RECAP
35	Sept. 28, 2007	MOTION for Summary Judgment by Prison Legal News with Brief/Memorandum in Support. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q) (Medlock, Scott) (Entered: 09/28/2007) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP 10 Exhibit J View on RECAP 11 Exhibit K View on RECAP 12 Exhibit L View on RECAP 13 Exhibit M View on RECAP 14 Exhibit N View on RECAP 15 Exhibit O View on RECAP 16 Exhibit P View on RECAP 17 Exhibit Q View on RECAP	RECAP
36	Oct. 5, 2007	*VACATED PER ORDER (Doc #38)*60-DAY ORDER OF DISMISSAL. (see order for specifics) (Signed by Judge Jorge A Solis on 10/5/2007) (tln) Modified on 12/20/2007 (skt). (Entered: 10/09/2007)	RECAP
37	Dec. 7, 2007	Consent Decree and Settlement Agreement by Plaintiff and Defendants.(Medlock, Scott) Modified on 12/10/2007 (lmp). (Entered: 12/07/2007)	RECAP
38	Dec. 19, 2007	ORDER: This Court's 60-Day Order of Dismissal is VACATED; all claims by all parties in this action are DISMISSED with prejudice; and this Court retains jurisdiction to enforce the settlement. If reopening of the action to enforce settlement becomes necessary, it shall be reopened as though it had never been closed. (Signed by Judge Jorge A Solis on 12/19/2007) (tln) (Entered: 12/20/2007)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 27, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison Legal News, a Washington non-profit corporation that published materials of interest for inmates.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Office of Detentions for Dallas County

Sheriff of Dallas County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Northern District of Texas 3:07-cv-00367

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Mail

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Library (non-law) access

Recommended Citation

Case Summary of Prison Legal News v. Lindsey, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10507/ (last updated 10/1/2008).