Case: Prison Legal News v. Livingston County Sheriff Bob Bezotte

2:11-cv-13460 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 9, 2011

Case Ongoing

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Case Summary

On August 9, 2011, Human Rights Defense Center (HRDC), doing business as Prison Legal News (PLN), a publisher that produces a monthly journal concerning criminal justice issues, filed suit in the U.S. District Court of the Eastern District of Michigan against the Livingston County Sheriff and Livingston County under 42 U.S.C. §1983. PLN, represented by private counsel and the Human Rights Defense Center, claimed that defendants had implemented a mail policy at the Livingston County Jail that re…

Specifically, PLN alleged that Livingston County Jail had, without notice, censored and prevented addressees from receiving mail sent by PLN and did not provide them an opportunity to appeal the censorship decision. Moreover, PLN challenged the jail's postcard-only policy, which restricted correspondence to prisoners via postcards. PLN argued that these actions and policies violated their right to freedom of speech, press, and association protected by the First Amendment and that denying inmates notice of this censorship and an opportunity to appeal the decision to censor mail violated their right to due process protected by the Fourteenth Amendment.

On October 7, 2011, defendants filed a motion for judgment on the pleadings. On January 12, 2012, PLN filed a motion for preliminary injunction. On October 12, 2012, the ACLU Fund of Michigan filed an amicus curiae brief in support of the plaintiff.

On March 29, 2013, after a number of discovery disputes, District Court Judge Denise Page Hood denied PLN's motion and granted in part and denied in part defendant's motion. The court denied the motion for a preliminary injunction because it found that plaintiff had failed to demonstrate the requisite likelihood of success on the merits, and because the issuance of injunctive relief could have a significant effect on the safety of both inmates and jail personnel alike. Prison Legal News v. Bezotte, No. 11-CV-13460, 2013 WL 1316714, at *1 (E.D. Mich. Mar. 29, 2013). As for the motion for judgment on the pleadings, the court found that plaintiff's First Amendment claims survived except to the extend that the plaintiff had failed to state a constitutional claim for failure to allow visitation of inmates or delivery of "legal mail" that is not personally marked to an individual inmate. The court also found that the plaintiff's Fourteenth Amendment Due Process claim remained. Prison Legal News v. Bezotte, No. 11-CV-13460, 2013 WL 1316732 (E.D. Mich. Mar. 29, 2013).

Over the course of the next year, both PLN and defendants moved for reconsideration of these motions. These motions were denied by District Court Judge Denise Page Hood, though the court did issue an amended order granting in part and denying in part defendant's motion for partial judgment on the pleadings. Prison Legal News v. Bezotte, No. 11-CV-13460, 2014 WL 1405214, at *1 (E.D. Mich. Apr. 11, 2014). This amended order was largely identical to the order issued on March 29, 2013.

The parties continued litigation various discovery disputes. Also during this time, on April 16, 2015, the plaintiff filed an amended complaint to reflect the fact that Human Rights Defense Center was actually the entity that had the capacity to sue, rather than Prison Legal News.

On March 31, 2016, in an order regarding various motions, the court granted the plaintiff's motion for reconsideration of the earlier (March 29, 2013) order denying the plaintiffs preliminary injunctive relief. The court did so because it recognized that the prior order had failed to address Plaintiff's Fourteenth Amendment due process claim. The court went on to address that claim here.

To start, the court found that the plaintiff did have constitutionally protected interests in: (a) receiving notification from defendants when defendants reject (i.e., do not deliver) mail Plaintiff sends to designated inmates at the Livingston County Jail, and (b) being able to appeal any such rejection to an impartial third party (at least with respect to the initial copies of any publication). Because of this, the court went on to analyze the motion for a preliminary injunction based on this Fourteenth Amendment procedural due process claim.

In looking at the likelihood of success on the merits of this claim, the court applied the four factor test from Turner v. Safley, 482 U.S. 78 (1987), that the Supreme Court had identified to determine whether a prison regulation impinges on inmates' constitutional rights. The court found that the defendant had failed to satisfy the first factor because it had not provided a legitimate penological interest to justify the defendant's practice of not notifying the sender or the designated inmate recipient of the fact that the sender's mail to such intended inmate recipient was rejected (information which necessarily precluded the ability to appeal any such rejection to a third party). Based on this, the court found that the plaintiff's 14th Amendment procedural due process claim was likely to be successful on the merits.

The court also found that the other three factors in the preliminary injunction analysis weighed in plaintiff's favor on this particular claim. The court concluded that plaintiff was entitled to a preliminary injunction as to defendants' failure to provide notice to, and an opportunity to appeal by, plaintiff and designated inmate recipients when defendants reject publications sent by Plaintiffs to such designated inmates at Livingston County Jail. Effectively immediately, in every instance that defendants rejected mail sent by plaintiff to a designated inmate at the Livingston County Jail (at least with respect to the initial copy of any publication), the defendants must: (a) notify Plaintiff of such rejection; (b) notify the designated inmate recipient of such rejection; and (c) notify Plaintiff and the designated inmate recipient of the right to--and afford Plaintiff and the designated inmate recipient the opportunity to--appeal any such rejection to an impartial third party.

In that same March 31, 2016 order regarding various motions, the court also granted both parties’ motions for sanctions against each other regarding various earlier disputes. The court would later issue an order on April 29, 2016, that recognized the parties stipulation to withdraw their respective requests for monetary sanctions.

On another procedural note, on April 4, 2016, the plaintiff filed a second amended complaint, adding the Lieutenant with the office of the Sheriff of Livingston County and bringing claims against him in his individual and official capacity. This amended complaint also added a Fifth Amendment takings clause complaint based on allegations that the defendants improperly exercised control over and converted for their own use property that was entrusted to defendants for delivery to specific prisoners.

The parties filed cross-motions for summary judgment on July 29, 2016, and in the meantime continued litigating various procedural disputes, including a motion by plaintiff for civil contempt and for enforcement on the preliminary injunction on the Fourteenth Amendment due process claim. Plaintiff alleged that they had sent mail labeled "legal mail" but that it was returned to the sending address unopened.

The court held a hearing on the summary judgment motions on October 6, 2016 and on March 31, 2017, the court granted the defendants motion for summary judgment with regard to the new Fifth Amendment takings clause claim, but denied both parties motions for summary judgment on the remaining claims because the court found genuine disputes of material fact during its application of the four Turner v. Safley factors.

Shortly after this, on May 10, 2017, the court required a settlement conference to be conducted before Magistrate Judge Elizabeth A. Stafford. That conference was held the following week, and the parties informed the court that they had reached a settlement.

The settlement agreement was attached as an exhibit to the stipulated order of voluntary dismissal that ended the litigation on June 30, 2017. Under the agreement, Livingston County would accept up to 30 subscriptions per month of the Prison Legal News addressed to specific inmates, and the Livingston County Jail would deliver up to 30 books per month to specific inmates. In the event that Human Rights Defense Center sends more than 30 issues of Prison Legal News, and/or more than 30 books per month, Human Rights Defense Center would contact the Jail administrator, who agreed not to unreasonably withhold the delivery of these additional materials. The agreement also required the Jail to give notice of any censorship of these materials to both the HRDC and the inmate to whom it was addressed. Finally, Livingston County would pay plaintiff $295,000. The court retained jurisdiction to enforce the terms of the agreement.

As of April 18, 2019, there does not appear to have been further litigation regarding compliance with the settlement. That said, the docket does contain two pro se hand written document filings (dated in May and August of 2018) where it appears that an inmate is challenging censorship practices at an institution in Texas.

Summary Authors

Richard Jolly (10/29/2014)

Chris Pollack (4/18/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5254685/parties/human-rights-defense-center-v-bezotte/

Judge(s)

Hood, Denise Page (Michigan)

Attorney for Plaintiff

Loeb, Thomas M. (Michigan)

Attorney for Defendant

Kaczmarek, Lindsey A (Michigan)

Lowry, Sara E. (Michigan)

Expert/Monitor/Master/Other

Korobkin, Daniel S. (Michigan)

Judge(s)

Hood, Denise Page (Michigan)

Randon, Mark (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorney for Plaintiff

Loeb, Thomas M. (Michigan)

Manville, Daniel E. (Michigan)

Neelakanta, Sabarish (Florida)

Prain, Brian J (Michigan)

Weber, Lance (Vermont)

Attorney for Defendant

Kaczmarek, Lindsey A (Michigan)

Lowry, Sara E. (Michigan)

Peck, Lindsey A (Michigan)

Seward, T. Joseph (Michigan)

Other

Korobkin, Daniel S. (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:11-cv-13460	Docket [PACER] Human Rights Defense Center v. Bezotte	Aug. 13, 2018	Aug. 13, 2018 Docket
1 2:11-cv-13460	Complaint Prison Legal News v. Sheriff of Livingston County Bob Bezotte	Aug. 9, 2011	Aug. 9, 2011 Complaint
63 2:11-cv-13460	Order Denying Plaintiff's Motion for Preliminary Injunction Prison Legal News v. Livingston County	March 29, 2013	March 29, 2013 Order/Opinion
64 2:11-cv-13460	Order Granting in Part and Denying in Part Defendants' Motion for Partial Judgment on the Pleadings Prison Legal News v. Livingston County	March 29, 2013	March 29, 2013 Order/Opinion 2013 WL 1316732
192 2:11-cv-13460	Order Denying Plaintiff's Amended Motion for Reconsideration of this Court's March 29, 2013, Regarding Defendant's Motion for Partial Judgment Prison Legal News v. Bezotte	April 11, 2014	April 11, 2014 Order/Opinion 2014 WL 1405409
239 2:11-cv-13460	Order Regarding Various Motions Prison Legal News v. Livingston County Sheriff Bob Bezotte [Human Rights Defense Center v. Bezotte]	March 31, 2016	March 31, 2016 Order/Opinion 2016 WL 1258992
241 2:11-cv-13460	Second Amended Complaint for Damages, Declaratory Relief, Injunctive Relief, and Jury Demand Prison Legal News v. Livingston County Sheriff Bob Bezotte [Human Rights Defense Center v. Bezotte]	April 4, 2016	April 4, 2016 Complaint
298 2:11-cv-13460	Order Regarding Motions Filed as Docket Number 258, 261, and 274 Prison Legal News v. Livingston County Sheriff Bob Bezotte [Human Rights Defense Center v. Bezotte]	March 31, 2017	March 31, 2017 Order/Opinion 2017 WL 1250683
306 2:11-cv-13460	Stipulated Order of Voluntary Dismissal Prison Legal News v. Livingston County Sheriff Bob Bezotte [Human Rights Defense Center v. Bezotte]	June 30, 2017	June 30, 2017 Order/Opinion

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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/5254685/human-rights-defense-center-v-bezotte/

Last updated March 26, 2026, 4:56 a.m.

ECF Number	Date	Description	Link
1	Aug. 9, 2011	COMPLAINT filed by Prison Legal News against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-3109066 - Fee: $ 350. County of 1st Plaintiff: Out of State - County Where Action Arose: Livingston - County of 1st Defendant: Livingston. [Previously dismissed case: No] [Possible companion case(s): None] (Loeb, Thomas) [ADDRESS FOR CO-COUNSEL BRIAN J. PRAIN IS INCORRECT] Modified on 8/10/2011 (LHac). (Entered: 08/09/2011)	RECAP
2	Aug. 9, 2011	SUMMONS Issued for Bob Bezotte (TMcg) (Entered: 08/09/2011)	RECAP
3	Aug. 9, 2011	SUMMONS Issued for Livingston, County of (TMcg) (Entered: 08/09/2011)	RECAP
4	Aug. 11, 2011	ATTORNEY APPEARANCE: Brian J. Prain appearing on behalf of All Plaintiffs (Prain, Brian) (Entered: 08/11/2011)	RECAP
5	Aug. 15, 2011	CERTIFICATE of Service/Summons Returned Executed. Livingston, County of served on 8/12/2011, answer due 9/2/2011. (Loeb, Thomas) (Entered: 08/15/2011)	RECAP
6	Aug. 29, 2011	NOTICE of Appearance by Lance T. Weber - NOT SWORN on behalf of Prison Legal News. (Weber - NOT SWORN, Lance) (Entered: 08/29/2011)	RECAP
7	Sept. 2, 2011	NOTICE of Appearance by T. Joseph Seward on behalf of All Defendants. (Seward, T.) (Entered: 09/02/2011)	RECAP
8	Sept. 2, 2011	ANSWER to Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Seward, T.) (Entered: 09/02/2011)	RECAP
9	Sept. 7, 2011	NOTICE TO APPEAR: Scheduling Conference set for 10/17/2011 02:45 PM before District Judge Denise Page Hood (LSau) (Entered: 09/07/2011)	RECAP
10	Sept. 13, 2011	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Prison Legal News identifying Corporate Parent Human Rights Defense Center, Corporate Parent Human Rights Defense Center for Prison Legal News. (Weber - NOT SWORN, Lance) (Entered: 09/13/2011)	RECAP
11	Oct. 7, 2011	MOTION for Judgment on Pleadings by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6) (Seward, T.) (Entered: 10/07/2011)	RECAP
12	Oct. 7, 2011	MOTION for Sanctions by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9) (Seward, T.) (Entered: 10/07/2011)	RECAP
13	Oct. 13, 2011	NOTICE of hearing on 11 MOTION for Judgment on Pleadings, 12 MOTION for Sanctions. Motion Hearing set for 12/7/2011 02:00 PM before District Judge Denise Page Hood (LSau) (Entered: 10/13/2011)	RECAP
	Oct. 13, 2011	Set Deadlines/Hearings: Scheduling Conference set for 12/7/2011 02:00 PM before District Judge Denise Page Hood (LSau)
14	Oct. 17, 2011	STIPULATION by Prison Legal News (Loeb, Thomas) (Entered: 10/17/2011)	RECAP
15	Oct. 27, 2011	ORDER granting enlargement of time for plaintiff to answer defendant' motion for sanctions 12 :( Responses due by 10/31/2011) Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/27/2011)	RECAP
16	Oct. 31, 2011	STIPULATION by Prison Legal News (Loeb, Thomas) (Entered: 10/31/2011)	RECAP
17	Oct. 31, 2011	RESPONSE to 12 MOTION for Sanctions filed by Prison Legal News. (Loeb, Thomas) Modified on 11/1/2011 (DTyl) [ANSWER OPPOSING DEFENDANTS' MOTION FOR SANCTIONS AND REQUEST FOR SANCTIONS AGAINST DEFENDANTS] (Entered: 10/31/2011)	RECAP
18	Nov. 2, 2011	ORDER Granting 16 Stipulation for Enlargement of Time for Plaintiff to Answer, 11 Defendants' MOTION for Judgment on Pleadings :( Responses due by 11/14/2011) Signed by District Judge Denise Page Hood. (JOwe) (Entered: 11/02/2011)	RECAP
19	Nov. 11, 2011	REPLY to Response re 12 MOTION for Sanctions filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exh 1-Statement of Robert J. McRoberts, # 3 Exhibit Exh 2- PLN's Postcard, # 4 Exhibit Exh 3- PLN's September 2011 Newsletter, # 5 Exhibit Exh 4- Marr v Jones, # 6 Exhibit Exh 5- Burns v Unum Group) (Seward, T.) (Entered: 11/11/2011)	RECAP
20	Nov. 14, 2011	RESPONSE to 11 MOTION for Judgment on Pleadings filed by Prison Legal News. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Protecting Your Health & Safety, # 3 Exhibit 2 - Prison Legal News Vol. 22, # 4 Exhibit 3 - PLN's Informational Brochures, # 5 Exhibit 4 - PLN v Werholtz, # 6 Exhibit 5 - Leachman v Thomas) (Loeb, Thomas) (Entered: 11/14/2011)	RECAP
21	Nov. 18, 2011	STIPULATION AND ORDER Granting Extension of Time to File Reply to Response to Motion for Sanctions Signed by District Judge Denise Page Hood. (SJa) (Entered: 11/18/2011)	RECAP
22	Nov. 21, 2011	REPLY to Response re 11 MOTION for Judgment on Pleadings filed by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 11/21/2011)	RECAP
	Dec. 7, 2011	Minute Entry - Motion Hearing held on 12/7/2011 re 11 MOTION for Judgment on Pleadings, 12 MOTION for Sanctions before District Judge Denise Page Hood. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Cheryl Warren Daniel) (LSau)
23	Dec. 20, 2011	SUPPLEMENTAL BRIEF re 12 MOTION for Sanctions filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exh 1- Vaughn Court Records, # 3 Exhibit Exh 2- Correspondence, dated December 7, 2011, # 4 Exhibit Exh 3-Tweedy Court Records) (Seward, T.) (Entered: 12/20/2011)	RECAP
24	Dec. 21, 2011	SUPPLEMENTAL BRIEF re 23 Supplemental Brief, filed by Prison Legal News. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex 1 - Declaration of Brian J. Prain, # 3 Exhibit Ex 2 - Order of Appointment of Mr. Prain and Notice of Hearing) (Loeb, Thomas) (Entered: 12/21/2011)	RECAP
25	Jan. 12, 2012	MOTION Enter Order Granting a Preliminary Injunction by Prison Legal News. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Paul Wright, # 3 Exhibit 2 - Livingston County Michigan Sheriff's Dept. Inmate Rules, # 4 Exhibit 3 - Roose-Church, Lisa - Journal Suing Sheriff Over Mail, # 5 Exhibit 4 -Declaration of Brian Prain, # 6 Exhibit 5 - Declaration of Paul Shaposka, # 7 Exhibit 6 - Declaration of Christopher Atkins, # 8 Exhibit 7 - Declaration of Lance Weber, # 9 Exhibit 8 - Postcard from PLN to 1 of 37 Detainees at the Jail, # 10 Exhibit 9 - Quick Facts about the Bureau of Prisons, # 11 Exhibit 10 - MDOC 2010 Statistical Report, # 12 Exhibit 11 - Federal Bureau of Prisons Program Statement 5265.14, # 13 Exhibit 12 - MDOC Policy Directive 05.03.118, # 14 Exhibit 13 - Unpublished Decisions) (Loeb, Thomas) (Entered: 01/12/2012)	RECAP
26	Jan. 25, 2012	NOTICE of hearing on 25 MOTION Enter Order Granting a Preliminary Injunction. Motion Hearing set for 2/24/2012 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 01/25/2012)	RECAP
27	Jan. 27, 2012	STIPULATED ORDER granting extension of time to file response to plaintiff's motion for preliminary injunction 25 :( Responses due by 2/9/2012) Signed by District Judge Denise Page Hood. (LSau) (Entered: 01/27/2012)	RECAP
28	Feb. 9, 2012	MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4, # 6 Exhibit Ex. 5, # 7 Exhibit Ex. 6, # 8 Exhibit Ex. 7, # 9 Exhibit Ex. 8, # 10 Exhibit Ex. 9) (Korobkin, Daniel) (Entered: 02/09/2012)	RECAP
29	Feb. 9, 2012	CERTIFICATE OF SERVICE re 28 MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union Fund of Michigan (Korobkin, Daniel) (Entered: 02/09/2012)	RECAP
30	Feb. 9, 2012	Ex Parte MOTION for Leave to File Excess Pages for Brief in Opposition to Prison Legal News' Motion for Preliminary Injunction by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 02/09/2012)	RECAP
31	Feb. 9, 2012	RESPONSE to 25 MOTION Enter Order Granting a Preliminary Injunction filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exh 1- Complaint, # 3 Exhibit Exh 2- Motion for Preliminary Injunction, # 4 Exhibit Exh 3- Prison Legal News v Livingston, # 5 Exhibit Exh 4- Thompson v Campbell, # 6 Exhibit Exh 5- Prison Legal News v Cheshire, # 7 Exhibit Exh 6- Declaration of Lance Weber, # 8 Exhibit Exh 7- Marr v Jones, # 9 Exhibit Exh 8- New Phoenix Sunrise Corp. v Comm'r, # 10 Exhibit Exh 9- Statement of Robert J. McRoberts, # 11 Exhibit Exh 10- Declaration of Brain Prain, # 12 Exhibit Exh 11- Mitchell v Mich. Dep't of Corr., # 13 Exhibit Exh 12- Anderson v Prisoner Health Servs, # 14 Exhibit Exh 13- Declaration of Paul Shaposka, Jr., # 15 Exhibit Exh 14- Declaration of Paul Wright, # 16 Exhibit Exh 15- Policy 5(d)1, # 17 Exhibit Exh 16- Policy 5(e)1, # 18 Exhibit Exh 17- Gambuzza v Parmenter, # 19 Exhibit Exh 18- Affidavit of Lieutenant Cremonte, # 20 Exhibit Exh 19- Brown v Gerth, # 21 Exhibit Exh 20- Ligons v Perez, # 22 Exhibit Exh 21- Kaufman v Karlen, # 23 Exhibit Exh 22- Fisher v Caruso) (Seward, T.)[FILING ERRROR: INCORRECT BRIEF ATTACHED; REFILED AS DOCUMENT 32 ] Modified on 2/10/2012 (DPer). (Entered: 02/09/2012)	RECAP
32	Feb. 9, 2012	RESPONSE to 25 MOTION Enter Order Granting a Preliminary Injunction filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exh 1- Complaint, # 3 Exhibit Exh 2-Motion for Preliminary Injunction, # 4 Exhibit Exh 3- Prison Legal News v Livingston, # 5 Exhibit Exh 4- Thompson v Campbell, # 6 Exhibit Exh 5- Prison Legal News v Cheshire, # 7 Exhibit Exh 6- Declaration of Lance Weber, # 8 Exhibit Exh 7- Marr v Jones, # 9 Exhibit Exh 8- New Phoenix Sunrise Corp. v Comm'r, # 10 Exhibit Exh 9- Statement Robert J. McRoberts, # 11 Exhibit Exh 10- Declaration of Brain Prain, # 12 Exhibit Exh 11- Mitchell v Mich. Dep't of Corr., # 13 Exhibit Exh 12- Anderson v Prisoner Health Servs, # 14 Exhibit Exh 13- Declaration of Paul Shaposka, Jr., # 15 Exhibit Exh 14- Declaration of Paul Wright, # 16 Exhibit Exh 15- Policy 5(d)1, # 17 Exhibit Exh 16- Policy 5(e)1, # 18 Exhibit Exh 17- Gambuzza v Parmenter, # 19 Exhibit Exh 18- Affidavit of Lieutenant Cremonte, # 20 Exhibit Exh 19- Brown v Gerth, # 21 Exhibit Exh 20- Ligons v Perez, # 22 Exhibit Exh 21- Kaufman v Karlen, # 23 Exhibit Exh 22- Fisher v Caruso) (Seward, T.) (Entered: 02/09/2012)	RECAP
33	Feb. 10, 2012	NOTICE of hearing on 28 MOTION for Leave to File Amicus Curiae Brief. Motion Hearing set for 2/24/2012 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 02/10/2012)	RECAP
	Feb. 10, 2012	TEXT-ONLY ORDER granting 30 Ex Parte MOTION for Leave to File Excess Pages for Brief in Opposition to Prison Legal News' Motion for Preliminary Injunction filed by Livingston, County of, Bob Bezotte. Signed by District Judge Denise Page Hood. (LSau)
34	Feb. 20, 2012	REPLY to Response re 25 MOTION Enter Order Granting a Preliminary Injunction filed by Prison Legal News. (Loeb, Thomas) (Entered: 02/20/2012)	RECAP
35	Feb. 22, 2012	RESPONSE to 28 MOTION for Leave to File Amicus Curiae Brief filed by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exh 1- Dow Chem. Co. v United States, # 3 Exhibit Exh 2- Commodities Export v City of Detroit, # 4 Exhibit Exh 3- Canada v Ray, # 5 Exhibit Exh 4- PACER List of PLN Cases, # 6 Exhibit Exh 5- BancInsure, Inc v U.K. Bancorporation, # 7 Exhibit Exh 6- United States v Mich. Dep't of Cmty Health, # 8 Exhibit Exh 7- Williams v City of Lansing, # 9 Exhibit Exh 8- Georgacarakos v Wiley, # 10 Exhibit Exh 9- PLN v Cheshire) (Seward, T.) (Entered: 02/22/2012)	RECAP
36	Feb. 23, 2012	NOTICE by Prison Legal News of Supplemental Authority in Support of Plaintiff's Opposition to Defendant's Motion for Partial Judgment on the Pleadings (Loeb, Thomas) (Entered: 02/23/2012)	RECAP
	Feb. 24, 2012	Minute Entry - Motion Hearing held on 2/24/2012 re 25 MOTION Enter Order Granting a Preliminary Injunction filed by Prison Legal News, 28 MOTION for Leave to File Amicus Curiae Brief filed by American Civil Liberties Union Fund of Michigan before District Judge Denise Page Hood. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Cheryl Warren Daniel) (LSau)
37	Feb. 29, 2012	REPLY to Response re 28 MOTION for Leave to File Amicus Curiae Brief filed by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Korobkin, Daniel) (Entered: 02/29/2012)	RECAP
38	April 6, 2012	NOTICE of Appearance by Daniel E. Manville on behalf of Prison Legal News. (Manville, Daniel) (Entered: 04/06/2012)	RECAP
39	April 10, 2012	MOTION Rule 16 Status Conference by Prison Legal News. (Manville, Daniel) (Entered: 04/10/2012)	RECAP
40	April 23, 2012	RESPONSE to 39 MOTION Rule 16 Status Conference filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2) (Seward, T.) (Entered: 04/23/2012)	RECAP
41	May 1, 2012	REPLY to Response re 39 MOTION Rule 16 Status Conference filed by Prison Legal News. (Attachments: # 1 Index of Exhibits Exhibit Listing, # 2 Exhibit 1, Rothstein v. Steinberg, unpublished) (Manville, Daniel) (Entered: 05/01/2012)	RECAP
42	May 16, 2012	NOTICE TO APPEAR: Scheduling Conference set for 7/30/2012 02:15 PM before District Judge Denise Page Hood (LSau) (Entered: 05/16/2012)	RECAP
43	June 9, 2012	NOTICE by Prison Legal News re 11 MOTION for Judgment on Pleadings, 25 MOTION Enter Order Granting a Preliminary Injunction (Attachments: # 1 Exhibit 1, PLN v Livingston, 5th CIrcuit, # 2 Exhibit 2, McGlone v. Bell, 6th Circuit, # 3 Exhibit 3, PLN v. Columbia County, Order) (Manville, Daniel) (Entered: 06/09/2012)	RECAP
44	July 2, 2012	MOTION to Adjourn Scheduling Conference by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 07/02/2012)	RECAP
45	July 5, 2012	RESPONSE to 44 MOTION to Adjourn Scheduling Conference filed by Prison Legal News. (Manville, Daniel) (Entered: 07/05/2012)	RECAP
46	July 16, 2012	REPLY to Response re 44 MOTION to Adjourn Scheduling Conference filed by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 07/16/2012)	RECAP
47	July 30, 2012	ORDER granting in part 44 Defendants' Motion to Adjourn Scheduling Conference and Notice of Hearing. Signed by District Judge Denise Page Hood. (LSau) (Entered: 07/30/2012)	RECAP
	July 30, 2012	Set Deadlines/Hearings: Scheduling Conference RESET for 8/6/2012 03:30 PM before District Judge Denise Page Hood (LSau)
48	July 31, 2012	Notice of E-mail Delivery Failure as to attorney Daniel E. Manville. Bounced NEF for 47 Order on Motion to Adjourn, Set Deadlines/Hearings. (KCla) (Entered: 07/31/2012)	RECAP
49	Aug. 6, 2012	SCHEDULING ORDER: Discovery due by 1/31/2013 Dispositive Motion Cut-off set for 2/15/2013 Final Pretrial Conference set for 4/22/2013 02:00 PM before District Judge Denise Page Hood Jury Trial set for 5/21/2013 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (LSau) (Entered: 08/07/2012)	RECAP
	Aug. 6, 2012	Minute Entry - Scheduling Conference held on 8/6/2012 before District Judge Denise Page Hood. (LSau)
50	Sept. 12, 2012	ATTORNEY APPEARANCE: Lindsey A. Kaczmarek appearing on behalf of Bob Bezotte, Livingston, County of (Kaczmarek, Lindsey) (Entered: 09/12/2012)	RECAP
51	Sept. 12, 2012	MOTION for Protective Order by Bob Bezotte, Livingston, County of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exh 1- PLN's Discovery Requests, # 3 Exhibit Exh 2- Williams v Scottrade, Inc) (Seward, T.) (Entered: 09/12/2012)	RECAP
52	Sept. 19, 2012	RESPONSE to 51 MOTION for Protective Order filed by Prison Legal News. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1, Discovery Responses) (Manville, Daniel) (Entered: 09/19/2012)	RECAP
53	Sept. 26, 2012	REPLY to Response re 51 MOTION for Protective Order filed by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 09/26/2012)	RECAP
54	Sept. 30, 2012	ORDER DENYING MOTION FOR SANCTIONS AND GRANTING THE ACLUS MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF.Signed by District Judge Denise Page Hood. (LSau)	RECAP
55	Oct. 10, 2012	MOTION to Compel Discovery Responses by Prison Legal News. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, Interrogatory Requests, # 3 Exhibit 2, Document Requests, # 4 Exhibit 3, Proof of Service of Discovery, # 5 Exhibit 4, Objections to Interrogatories, # 6 Exhibit 5, Objections to Document Requests, # 7 Exhibit 6, Letter to Defendants' Counsel) (Manville, Daniel) (Entered: 10/10/2012)	RECAP
56	Oct. 10, 2012	Amicus Curiae BRIEF by American Civil Liberties Union Fund of Michigan (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit Certificate of Service) (Korobkin, Daniel) (Entered: 10/10/2012)	RECAP
57	Oct. 15, 2012	NOTICE of hearing on 51 MOTION for Protective Order, 55 MOTION to Compel Discovery Responses. Motion Hearing set for 11/7/2012 04:00 PM before District Judge Denise Page Hood (LSau) (Entered: 10/15/2012)	RECAP
58	Oct. 22, 2012	RESPONSE to 55 MOTION to Compel Discovery Responses filed by Bob Bezotte, Livingston, County of. (Seward, T.) (Entered: 10/22/2012)	RECAP
59	Oct. 25, 2012	REPLY to Response re 55 MOTION to Compel Discovery Responses filed by Prison Legal News. (Manville, Daniel) (Entered: 10/25/2012)	RECAP
60	Nov. 6, 2012	ORDER granting 51 Motion for Protective Order and denying 55 Motion to Compel Discovery Responses. Signed by District Judge Denise Page Hood. (LSau)	RECAP
61	Dec. 3, 2012	WITNESS LIST by Bob Bezotte, Livingston, County of (Seward, T.) (Entered: 12/03/2012)	RECAP
62	Dec. 5, 2012	ORDER SUSPENDING 49 Scheduling Order,. Signed by District Judge Denise Page Hood. (MWil) (Entered: 12/05/2012)	RECAP
63	March 29, 2013	ORDER denying Plaintiff's 25 Motion for Preliminary Injunction. Signed by District Judge Denise Page Hood. (JOwe)	RECAP
64	March 29, 2013	ORDER granting in part and denying in part 11 Defendant's Motion for Partial Judgment on the Pleadings. Signed by District Judge Denise Page Hood. (JOwe)	RECAP
65	April 5, 2013	SCHEDULING ORDER: Discovery due by 5/31/2013 Dispositive Motion Cut-off set for 6/21/2013 Final Pretrial Conference set for 9/23/2013 02:30 PM before District Judge Denise Page Hood Jury Trial set for 10/15/2013 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (LSau) (Entered: 04/05/2013)	RECAP
66	April 12, 2013	MOTION for Reconsideration re 63 Order on Motion - Free by Prison Legal News. (Weber, Lance) (Entered: 04/12/2013)	RECAP
67	April 12, 2013	MOTION for Reconsideration re 64 Order on Motion for Judgment by Prison Legal News. (Weber, Lance) (Entered: 04/12/2013)	RECAP
68	April 15, 2013	Amended MOTION for Reconsideration re 64 Order on Motion for Judgment by Prison Legal News. (Weber, Lance) (Entered: 04/15/2013)	RECAP
69	April 24, 2013	MOTION for Order Extending Discovery Deadlines and Trial Date by Prison Legal News. (Weber, Lance) (Entered: 04/24/2013)	RECAP
70	April 24, 2013	Amended MOTION for Order Extending Discovery Deadlines and Trial Date by Prison Legal News. (Weber, Lance) (Entered: 04/24/2013)	RECAP
71	April 26, 2013	Defendants' WITNESS LIST by All Defendants (Kaczmarek, Lindsey) (Entered: 04/26/2013)	RECAP
72	April 26, 2013	Plaintiff's WITNESS LIST by Prison Legal News (Weber, Lance) (Entered: 04/26/2013)	RECAP
73	May 1, 2013	NOTICE TO APPEAR : Status Conference Re: [Docket #69] & [Docket #70] set for 5/13/2013 04:00 PM before District Judge Denise Page Hood (LSau) (Entered: 05/01/2013)	RECAP
	May 13, 2013	Minute Entry - Status Conference held on 5/13/2013 before District Judge Denise Page Hood. (LSau)
74	June 4, 2013	ORDER Deeming Moot Plaintiffs 67 Motion for Reconsideration, Deeming 69 Moot Plaintiffs Motion for Order Extending Discovery Deadlines, Granting Plaintiffs Amended 70 Motion for Order Extending Discovery Deadlines, and Amended Scheduling Order. Signed by District Judge Denise Page Hood. (Loury, R) (Entered: 06/04/2013)	RECAP
	June 4, 2013	Set/Reset Scheduling Order Deadlines: Discovery due by 9/30/2013 Dispositive Motion Cut-off set for 10/30/2013 Final Pretrial Conference set for 1/21/2014 02:00 PM before District Judge Denise Page Hood Jury Trial set for 2/18/2014 09:00 AM before District Judge Denise Page Hood (Loury, R)
75	July 24, 2013	MOTION for Protective Order as to 2d Discovery Requests by Defendants by Prison Legal News. (Attachments: # 1 Exhibit 1, discovery Requests & Responses, # 2 Exhibit 2, Hours of Counsel for Sanctions) (Manville, Daniel) (Entered: 07/24/2013)	RECAP
76	July 30, 2013	ORDER REFERRING MOTION to Magistrate Judge Mark A. Randon: 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants filed by Prison Legal News. Signed by District Judge Denise Page Hood. (JOwe) (Entered: 07/30/2013)	RECAP
77	July 30, 2013	NOTICE OF HEARING on 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants. Motion Hearing set for 9/10/2013 10:00 AM before Magistrate Judge Mark A. Randon (EBut) (Entered: 07/30/2013)	RECAP
78	Aug. 6, 2013	Second MOTION to Compel discovery by Prison Legal News. (Attachments: # 1 Index of Exhibits 1, Exhibit List, # 2 Exhibit 2, Responses to Request to Admit, # 3 Exhibit 2, Responses Requests for Documents, # 4 Exhibit 3, Responses to Interrogatories, # 5 Exhibit 4, Letter to Seward, # 6 Exhibit 5, Affidavit of Cermonte, # 7 Exhibit 6, Hoxier v. Livingston County, unpublished, # 8 Exhibit 7, Van Leuen v. American, unbublished, # 9 Exhibit 8, Declaration of Manville, # 10 Exhibit 9, Declaration Weber, # 11 Exhibit 9-1, CV of Weber, # 12 Exhibit 9-2, CV of Hull, # 13 Exhibit 9-3, CV of Thornton, # 14 Exhibit 9-4, Time Sheet of Weber, # 15 Exhibit 9-5, Time Sheet of Hull, # 16 Exhibit 9-6, Time Sheet of Thornton) (Manville, Daniel) (Entered: 08/06/2013)	RECAP
79	Aug. 7, 2013	RESPONSE to 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit) (Kaczmarek, Lindsey) (Entered: 08/07/2013)	RECAP
80	Aug. 13, 2013	REPLY to Response re 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants filed by Prison Legal News. (Manville, Daniel) (Entered: 08/13/2013)	RECAP
81	Aug. 15, 2013	ORDER REFERRING MOTION to Magistrate Judge Mark A. Randon: 78 Second MOTION to Compel discovery filed by Prison Legal News. Signed by District Judge Denise Page Hood. (Ciesla, C) (Entered: 08/15/2013)	RECAP
82	Aug. 16, 2013	NOTICE OF HEARING on 78 Second MOTION to Compel discovery. Motion Hearing set for 9/10/2013 10:00 AM before Magistrate Judge Mark A. Randon (EBut) (Entered: 08/16/2013)	RECAP
83	Aug. 20, 2013	MOTION TO EXTEND re 74 Order on Motion for Reconsideration, Order on Motion for Order,,,, Set/Reset Scheduling Order Deadlines, by Prison Legal News. (Manville, Daniel) (Entered: 08/20/2013)	RECAP
84	Aug. 21, 2013	STIPULATION AND ORDER ENLARGING THE TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S 78 Second MOTION to Compel discovery :( Responses due by 8/30/2013) Signed by District Judge Denise Page Hood. (Ciesla, C) (Entered: 08/21/2013)	RECAP
85	Aug. 23, 2013	Plaintiff's Exhibit and WITNESS LIST by Prison Legal News (Manville, Daniel) (Entered: 08/23/2013)	RECAP
86	Aug. 23, 2013	Exhibit List by Prison Legal News. (Manville, Daniel) (Entered: 08/23/2013)	RECAP
87	Aug. 23, 2013	ReNOTICE OF HEARING on 78 Second MOTION to Compel discovery, 75 MOTION for Protective Order as to 2d Discovery Requests by Defendants. Motion Hearing set for 9/10/2013 02:00 PM before Magistrate Judge Mark A. Randon (EBut) (Entered: 08/23/2013)	RECAP
88	Aug. 23, 2013	WITNESS LIST by All Defendants (Seward, T.) (Entered: 08/23/2013)	RECAP
89	Aug. 23, 2013	Exhibit List by All Defendants. (Seward, T.) (Entered: 08/23/2013)	RECAP
90	Aug. 27, 2013	NOTICE TO APPEAR: Status Conference set for 9/10/2013 04:30 PM before District Judge Denise Page Hood (Ciesla, C) (Entered: 08/27/2013)	RECAP
91	Aug. 29, 2013	RESPONSE to 78 Second MOTION to Compel discovery filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2) (Seward, T.) (Entered: 08/29/2013)	RECAP
92	Sept. 3, 2013	MOTION for Extension of Time to File Response/Reply to Plaintiff's Document Requests by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Seward, T.) (Entered: 09/03/2013)	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

Key Dates

Filing Date: Aug. 9, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Publisher of a monthly journal of corrections news and analysis about prisoner rights, court rulings, management of prison facilities and prison conditions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Livingston County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Takings

Other Dockets:

Eastern District of Michigan 2:11-cv-13460

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Amount Defendant Pays: 295000

Issues

General/Misc.:

Mail

Recommended Citation

Case Summary of Prison Legal News v. Livingston County Sheriff Bob Bezotte, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12091/ (last updated 4/18/2019).