Case: Prison Legal News v. Chelan County

2:11-cv-00337 | U.S. District Court for the Eastern District of Washington

Filed Date: Nov. 9, 2011

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On November 9, 2011, Prison Legal News (PLN) filed a lawsuit in the United States District Court of the Eastern District of Washington under the Declaratory Judgment Act and § 1983 against Chelan County Sheriff's Office. Represented by the Human Rights Defense Center and private counsel, PLN noted that specific individuals had asked to receive PLN materials and had been denied them by the Sheriff's Office once the books and publications had arrived. There was no opportunity for PLN to appeal th…

On November 9, 2011, Prison Legal News (PLN) filed a lawsuit in the United States District Court of the Eastern District of Washington under the Declaratory Judgment Act and § 1983 against Chelan County Sheriff's Office. Represented by the Human Rights Defense Center and private counsel, PLN noted that specific individuals had asked to receive PLN materials and had been denied them by the Sheriff's Office once the books and publications had arrived. There was no opportunity for PLN to appeal these decisions or to receive further information about them. PLN claimed that their right to freedom of expression had been denied as well as their right to due process once the books were returned. The plaintiff requested declaratory relief, a preliminary and permanent injunction, compensatory damages, and attorneys' fees and costs.

On December 1, 2011, the District Court Judge approved a consent decree submitted by the parties, who agreed that defendants' mail policy was a violation of the First Amendment and due process. The order enjoined the defendants from rejecting books simply based on whether they were subscriptions or paperback books and without due process notice of rejection. The defendants were also ordered to pay $180,000 in damages, fees, and costs. The parties agreed to a permanent injunction and nothing has been filed in this case since December 1, 2011.

Summary Authors

Deeva Shah (10/2/2014)

Emily Kempa (2/21/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5484970/parties/prison-legal-news-v-chelan-county/


Judge(s)

Shea, Edward F. (Washington)

Attorney for Plaintiff

Chamberlain, Katherine (Washington)

Weber, Lance (Vermont)

Wing, Jesse (Washington)

Attorney for Defendant

Rowland, Milton George (Washington)

Documents in the Clearinghouse

Documents in this case

2:11-cv-00337

Docket

Dec. 1, 2011

Dec. 1, 2011

Docket
1

2:11-cv-00337

Complaint

PLN v. Chelan county

Sept. 9, 2011

Sept. 9, 2011

Complaint
6

2:11-cv-00337

Plaintiff's motion for Preliminary Injunction and Memorandum in support

Oct. 17, 2011

Oct. 17, 2011

Pleading / Motion / Brief
52

2:11-cv-00337

Consent Decree

Dec. 1, 2011

Dec. 1, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5484970/prison-legal-news-v-chelan-county/

Last updated April 7, 2025, 12:10 p.m.

ECF Number Date Description Link
1 Sept. 9, 2011

COMPLAINT against All Defendants ( Filing fee $ 350; Receipt # SPO014649). Summons issued. Jury Demand. Filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet)(RF, Case Administrator) (Entered: 09/09/2011)

PACER
2 Sept. 13, 2011

NOTICE by Prison Legal News re 1 Complaint Amended Civil Cover Sheet (Chamberlain, Katherine) (Entered: 09/13/2011)

PACER
3 Oct. 10, 2011

AFFIDAVIT of Service for Summons &Complaint served on Brad Posenjak, Chief Deputy Auditor, filed by Prison Legal News. (Attachments: # 1 Supplement)(Wing, Jesse) (Entered: 10/10/2011)

PACER
4 Oct. 10, 2011

AFFIDAVIT of Service for Summons &Complaint served on Betty Taylor, Civil Deputy, filed by Prison Legal News. (Attachments: # 1 Supplement)(Wing, Jesse) (Entered: 10/10/2011)

PACER
5 Oct. 13, 2011

NOTICE of Appearance by Milton George Rowland on behalf of All Defendants (Rowland, Milton) (Entered: 10/13/2011)

PACER
6 Oct. 17, 2011

MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

PACER
7 Oct. 17, 2011

NOTICE of Hearing on Motion Oral Argument Requested re 6 MOTION for Preliminary Injunction : Motion Hearing set for 12/13/2011 10:30 AM in Richland before Judge Edward F. Shea. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

PACER
8 Oct. 17, 2011

MEMORANDUM in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

PACER
9 Oct. 17, 2011

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

PACER
10 Oct. 17, 2011

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first five pages are a duplicate of ECF No. 9 − this is a continuation of exhibits

PACER
12 Oct. 17, 2011

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Errata 13 − Part 1)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first five pages are a duplicate of ECF No. 9 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

PACER
13 Oct. 17, 2011

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first five pages are a duplicate of ECF No. 9 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

PACER
14 Oct. 17, 2011

DECLARATION by Katherine Chamberlain in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit 13−Part 2)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first five pages are a duplicate of ECF No. 9 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

PACER
15 Oct. 17, 2011

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/17/2011)

PACER
16 Oct. 17, 2011

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

PACER
17 Oct. 17, 2011

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

PACER
18 Oct. 17, 2011

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit P, # 2 Exhibit Q, # 3 Exhibit R, # 4 Exhibit S, # 5 Exhibit T)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

PACER
19 Oct. 17, 2011

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit U, # 2 Exhibit V, # 3 Exhibit W, # 4 Exhibit X, # 5 Exhibit Y)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

PACER
20 Oct. 17, 2011

DECLARATION by Paul Wright in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit AA, # 2 Exhibit BB, # 3 Exhibit CC, # 4 Exhibit DD)(Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text; the first 26 pages are a duplicate of ECF No. 15 − this is a continuation of exhibits (CV, Case Administrator). (Entered: 10/17/2011)

PACER
22 Oct. 18, 2011

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh EE−Part 2) by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

PACER
23 Oct. 18, 2011

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh EE−Part 3) by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to link to motions (CV, Case Administrator). (Entered: 10/18/2011)

PACER
24 Oct. 18, 2011

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh EE−Part 4) by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

PACER
25 Oct. 18, 2011

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh FF) by Prison Legal News. (Attachments: # 1 Exhibit GG, # 2 Exhibit HH, # 3 Exhibit II, # 4 Exhibit JJ)(Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

PACER
26 Oct. 18, 2011

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh KK) by Prison Legal News. (Attachments: # 1 Exhibit LL, # 2 Exhibit MM, # 3 Exhibit NN, # 4 Exhibit OO, # 5 Exhibit PP)(Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

PACER
27 Oct. 18, 2011

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh QQ) by Prison Legal News. (Attachments: # 1 Exhibit RR, # 2 Exhibit SS, # 3 Exhibit TT, # 4 Exhibit UU, # 5 Exhibit VV)(Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

PACER
28 Oct. 18, 2011

Additional Attachments to Main Document re 15 Declaration in Support of 6 Motion for Preliminary Injunction (Exh WW) by Prison Legal News. (Attachments: # 1 Exhibit XX, # 2 Exhibit YY, # 3 Exhibit ZZ, # 4 Exhibit AAA)(Wing, Jesse) Modified on 10/18/2011 to link to motion (CV, Case Administrator). (Entered: 10/18/2011)

PACER
29 Oct. 18, 2011

DECLARATION by Cameron Bibles in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

PACER
30 Oct. 18, 2011

DECLARATION by Scott Brixey in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

PACER
31 Oct. 18, 2011

DECLARATION by David Dronen in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

PACER
32 Oct. 18, 2011

DECLARATION by Donald Foust in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

PACER
33 Oct. 18, 2011

DECLARATION by Carlos Garcia in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

PACER
35 Oct. 18, 2011

DECLARATION by Jose Quintana in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

PACER
36 Oct. 18, 2011

DECLARATION by Terry Wilsey in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

PACER
37 Oct. 18, 2011

DECLARATION by Christopher Wilson in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

PACER
38 Oct. 18, 2011

DECLARATION by Aaron Yancey in Support re 6 MOTION for Preliminary Injunction filed by Prison Legal News. (Wing, Jesse) Modified on 10/18/2011 to remove "quarterly" from the docket text (CV, Case Administrator). (Entered: 10/18/2011)

PACER
39 Oct. 18, 2011

NOTICE of Hearing on Motion − By Court − Text entry;no PDF document. Oral Argument Requested re 6 MOTION for Preliminary Injunction : Motion Hearing RESET for 12/13/2011 10:30 AM in Spokane before Judge Edward F. Shea. (DB, Courtroom Deputy) Modified on to remove "quarterly" from the docket text 10/18/2011 (CV, Case Administrator). (Entered: 10/18/2011)

PACER
40 Oct. 24, 2011

MOTION to Appear Pro Hac Vice re Attorney: Lance Weber. Filing fee $ 150, receipt number 0980−1197430. by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Wing, Jesse) (Entered: 10/24/2011)

PACER
41 Oct. 24, 2011

NOTICE of Hearing on Motion re 40 MOTION to Appear Pro Hac Vice re Attorney: Lance Weber. Filing fee $ 150, receipt number 0980−1197430. : Motion Hearing set for 11/23/2011 06:30 PM Without Oral Argument before Judge Edward F. Shea. (Wing, Jesse) Modified docket text on 10/25/2011 to reflect hearing is without oral argument instead of in Richland (CV, Case Administrator). (Entered: 10/24/2011)

PACER
42 Nov. 10, 2011

Stipulated MOTION for Extension of Time to File Response/Reply by All Parties. (Attachments: # 1 Text of Proposed Order)(Rowland, Milton) (Entered: 11/10/2011)

PACER
43 Nov. 16, 2011

ORDER GRANTING IN PART THE PARTIES' STIPULATED MOTION REGARDING EXTENSION OF BRIEFING DEADLINES; granting in part and denying in part 42 Motion for Extension of Time to Briefing Deadlines. Signed by Judge Edward F. Shea. (CV, Case Administrator) (Entered: 11/16/2011)

PACER
44 Nov. 23, 2011

ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE granting 40 Motion for Leave to Appear Pro Hac Vice. Added Attorney Lance Weber for Prison Legal News. Signed by Judge Edward F. Shea. (VR, Courtroom Deputy) (Entered: 11/23/2011)

PACER
45 Nov. 29, 2011

Joint MOTION for Permanent Injunction (Consent Decree) by All Parties. (Attachments: # 1 Text of Proposed Order Consent Decree)(Chamberlain, Katherine) (Entered: 11/29/2011)

PACER
46 Nov. 29, 2011

MEMORANDUM in Support re 45 Joint MOTION for Permanent Injunction (Consent Decree) filed by All Parties. (Attachments: # 1 Exhibit Resolution)(Chamberlain, Katherine) (Entered: 11/29/2011)

PACER
47 Nov. 29, 2011

NOTICE of Hearing on Motion re 45 Joint MOTION for Permanent Injunction (Consent Decree) : Motion Hearing set for 11/30/2011 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Chamberlain, Katherine) (Entered: 11/29/2011)

PACER
49 Nov. 29, 2011

MEMORANDUM in Support re 48 Joint MOTION to Expedite Hearing on Jt. M. for Entry of Consent Decree (Dkt. 45) filed by All Parties. (Chamberlain, Katherine) (Entered: 11/29/2011)

PACER
50 Nov. 29, 2011

NOTICE of Hearing on Motion re 48 Joint MOTION to Expedite Hearing on Jt. M. for Entry of Consent Decree (Dkt. 45) : Motion Hearing set for 11/30/2011 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Chamberlain, Katherine) (Entered: 11/29/2011)

PACER
51 Dec. 1, 2011

ORDER GRANTING THE PARTIES' JOINT MOTION FOR ENTRY OF CONSENT DECREE AND RELATED MOTION TO EXPEDITE - granting 45 Motion for Permanent Injunction; and granting 48 Motion to Expedite. Signed by Judge Edward F. Shea. (CS, Case Administrator)

RECAP
52 Dec. 1, 2011

CONSENT DECREE signed by Judge Edward F. Shea. (CS, Case Administrator)

RECAP

Case Details

State / Territory:

Washington

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

Key Dates

Filing Date: Nov. 9, 2011

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Publisher of a monthly magazine and distributor of books- focused on informing incarcerated individuals of their rights.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Chelan County

Chelan County Sheriff's Office

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Eastern District of Washington 2:11-cv-00337

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 180,000

Issues

General/Misc.:

Conditions of confinement

Mail

Jails, Prisons, Detention Centers, and Other Institutions:

Library (non-law) access

Recommended Citation