Case: Prison Legal News v. Columbia County

3:12-cv-00071 | U.S. District Court for the District of Oregon

Filed Date: Jan. 13, 2012

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Case Summary

On January 13, 2012, the Prison Legal News (PLN) filed a civil rights lawsuit in the U.S. District Court for Oregon under 42 U.S.C. § 1983 against Columbia County. The plaintiff, represented by Human Rights Defense Center and private counsel, asked the court for declaratory and injunctive relief, as well as damages, claiming that the defendants' "postcard only" and "no magazine" policies for inmate mail violated the plaintiff's First Amendment rights, as well as the First Amendment rights of inmates at the Jail and their correspondents. Specifically, the plaintiff claimed that the policy resulted in the unlawful censorship of PLN's books and magazines, which are sent to individual subscribers in custody at the Columbia County Jail. The plaintiff claimed that these mailings were protected by the First and Fourteenth Amendments. The plaintiff also alleged the defendants' "notice and appeal" policy for rejected inmate mail violated the plaintiff's Fourteenth Amendment procedural due process rights and the procedural due process rights of inmates and their correspondents.

On May 29, 2012, Judge Michael H. Simon granted the plaintiff's motion for preliminary injunction in part, holding that the jail's policy likely violated the First Amendment. Judge Simon ordered the defendants to stop restricting all incoming and outgoing inmate personal mail to postcards only and to stop refusing to deliver or process inmate mail solely on the grounds that it is not on a postcard. Prison Legal News v. Columbia Cnty., 2012 WL 1936108 (D. Or. May 29, 2012). Judge Simon rejected the jail's arguments that the policy was rationally related to both safety and the efficient use of the jail's limited resources.

On September 13, 2012, PLN moved for partial summary judgment on the claims for declaratory and injunctive relief and on the defendants' affirmative defense of failure to mitigate damages. These issues went to two separate trials in 2013: a bench trial and a jury trial.

From February 5 to February 8 the parties argued before Judge Simon in the bench trial. The defendants argued that the rationale behind the policy was preventing the introduction of contraband and saving time during mail inspection. Following the trial, Judge Simon found that this rationale was not supported by the evidence. This was the first time a postcard-only policy went to trial, so it is the first available legal precedent that can be used in future litigation against postcard-only policies.

On February 8, after the bench trial, Judge Simon asked the parties to submit post-trial briefing on several issues relating to the plaintiff's request for injunctive relief, including: the legal criteria for a permanent injunction; the application of the trial evidence to the legal standard; whether the Sheriff's credibility and limited political term impact the Court's analysis; and whether the injunction should be permanent or a limited term.

On April 24, 2013, Judge Simon held that the jail's policy was unconstitutional. Judge Simon issued a Findings of Fact and Conclusions of Law and entered the Final Judgment in favor of the plaintiff and against all defendants on May 28, 2013. Judge Simon permanently enjoined the defendants from restricting incoming and outgoing inmate personal mail to postcards only. Judge Simon also declared that inmates have a First Amendment right to receive magazines, and publishers have a First Amendment right to send magazines to inmates and have their magazines delivered. As such, the defendants' policy and custom of prohibiting magazines violated the First Amendment. Judge Simon also declared that that inmates and their unincarcerated correspondents have a Fourteenth Amendment right to procedural due process when the defendants reject their mail and that the defendants must notify an inmate and the unincarcerated correspondent when the defendants reject correspondence written by or addressed to the inmate, including a description of the rejected mail and the basis for the rejection. Prison Legal News v. Columbia Cnty., 942 F. Supp. 2d 1068 (D. Or. 2013). Subsequently, the plaintiffs moved to recover attorney fees and costs.

On June 25, 2013, the defendants moved for the court to amend its Findings of Fact and Conclusions of Law, as well as for relief from the judgment. They claimed that the plaintiffs lacked standing for the claims, that the claims were moot based off of corrective actions taken, and that the postcard policy is not a violation of the First Amendment. They sought to have the declaratory judgment removed and claimed that the preliminary injunction should be found an unnecessary remedy by the court. On July 31, 2013, the court denied the motions and the findings and conclusions were left in place. The defendants appealed this decision to the Ninth Circuit in August 2013. While the appeal was pending, the court sent the parties to mediation.

On March 24, 2014, Judge Simon in the district court granted the plaintiff's motion for attorney fees in part, awarding the plaintiff a total of $802,176.46 in attorney fees and expenses. 2014 WL 1225100 (D. Or. 2014). The appellate court then stayed its proceedings in order to give the defendants time to appeal the attorney fees decision.

The defendants filed the second appeal in April 2014 and in June 2014, the appeals were consolidated. However, the defendants subsequently moved, unopposed, to dismiss the appeal. The parties may have engaged in settlement talks, but it is unclear why the defendants sought voluntary dismissal. The Ninth Circuit dismissed the appeal with prejudice on July 1, 2014 and the case is now closed. Each party paid its own costs for the appeal.

Summary Authors

Jessica Kincaid (8/4/2014)

Chelsea Rinnig (3/30/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5422086/parties/prison-legal-news-v-columbia-county/

Judge(s)

Attorney for Plaintiff

Blackman, Marc D. (Oregon)

Chamberlain, Katherine (Washington)

Hull, Alissa R (Texas)

Attorney for Defendant

Furnanz, Kari A. (Oregon)

Kraemer, Steven A. (Oregon)

Expert/Monitor/Master/Other

Judge(s)

Simon, Michael Howard (Oregon)

Attorney for Plaintiff

Blackman, Marc D. (Oregon)

Chamberlain, Katherine (Washington)

Hull, Alissa R (Texas)

Weber, Lance (Vermont)

Wing, Jesse (Washington)

Attorney for Defendant

Furnanz, Kari A. (Oregon)

Kraemer, Steven A. (Oregon)

Roberson, Gregory R (Oregon)

Schroer, Janet Marie (Oregon)

Other

Walsh, Lynn S (Oregon)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:12-cv-00071	Docket [PACER]	July 1, 2014	July 1, 2014 Docket
1 3:12-cv-00071	Complaint [Demand for Jury Trial]	Jan. 13, 2012	Jan. 13, 2012 Complaint
10 3:12-cv-00071	Declaration of Lucy Lennox [In Support of Plaintiff's Motion For Preliminary Injunction]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
11 3:12-cv-00071	Declaration of Troy McCarter	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
12 3:12-cv-00071	Declaration of Rusty D. Campo [In Support of Plaintiff's Motion for Preliminary Injunction]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
13 3:12-cv-00071	Declaration of Martin Kay [In Support of Plaintiff's Motion for Preliminary Injunction]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
14 3:12-cv-00071	Declaration of Ezra St. Helen [In Support of Plaintiff's for Preliminary Injunction]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit
15 3:12-cv-00071	Memorandum In Support of Plaintiff's Motion For Preliminary Injunction Portland Division Prison Legal News v. Columbia County	Jan. 31, 2012	Jan. 31, 2012 Pleading / Motion / Brief
7 3:12-cv-00071	Plaintiff's Motion For Preliminary Injunction	Jan. 31, 2012	Jan. 31, 2012 Pleading / Motion / Brief
8 3:12-cv-00071	Declaration of Paul Wright In Support of Plaintiff's Motion for Preliminary Injunction [For Exhibits, see next document]	Jan. 31, 2012	Jan. 31, 2012 Declaration/Affidavit

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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/5422086/prison-legal-news-v-columbia-county/

Last updated March 28, 2026, 5:16 a.m.

ECF Number	Date	Description	Link
1	Jan. 13, 2012	Complaint. Filing Fee in amount of $350 collected. Receipt No. 44935. Summons issued as to all defendants. Jury Trial Requested: yes.Filed by Prison Legal News against All Defendants. (Attachments: # 1 Civil Cover Sheet) (tll) (Entered: 01/18/2012) 1 Civil Cover Sheet View on PACER	RECAP
2	Jan. 13, 2012	Summons Issued as to All Defendants (tll) (Entered: 01/18/2012)	RECAP
3	Jan. 18, 2012	Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Judge Michael H. Simon. Discovery is to be completed by 5/17/2012. Joint Alternate Dispute Resolution Report is due by 6/18/2012. Pretrial Order is due by 6/18/2012. Ordered by Judge Michael H. Simon. (tll) (Entered: 01/18/2012)	RECAP
4	Jan. 27, 2012	Order Granting Application for Special Admission Pro Hac Vice of Lance Weber for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 45117 issued. Signed on 1/27/2012 by Judge Michael H. Simon. (ecp) (Entered: 01/30/2012)	RECAP
5	Jan. 27, 2012	Order Granting Application for Special Admission Pro Hac Vice of Jesse Wing for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 45118 issued. Signed on 1/27/2012 by Judge Michael H. Simon. (ecp) (Entered: 01/30/2012)	RECAP
6	Jan. 30, 2012	Notice of Appearance of Gregory R. Roberson appearing on behalf of All Defendants Filed by on behalf of All Defendants (Roberson, Gregory) (Entered: 01/30/2012)	RECAP
7	Jan. 31, 2012	Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Chamberlain, Katherine) (Entered: 01/31/2012)	RECAP
8	Jan. 31, 2012	Declaration of Paul Wright . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-H, # 2 Exhibit I-P, # 3 Exhibit Q-X, # 4 Exhibit Y-JJ, # 5 Exhibit KK-YY, # 6 Exhibit ZZ-HHH, # 7 Exhibit III-KKK, # 8 Exhibit LLL-Part 1, # 9 Exhibit LLL-Part 2, # 10 Exhibit MMM-RRR) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-H View on PACER 2 Exhibit I-P View on PACER 3 Exhibit Q-X View on PACER 4 Exhibit Y-JJ View on PACER 5 Exhibit KK-YY View on PACER 6 Exhibit ZZ-HHH View on PACER 7 Exhibit III-KKK View on PACER 8 Exhibit LLL-Part 1 View on PACER 9 Exhibit LLL-Part 2 View on PACER 10 Exhibit MMM-RRR View on PACER	RECAP
9	Jan. 31, 2012	Declaration of Katherine Chamberlain . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit 1-9, # 2 Exhibit 10-12, # 3 Exhibit 13, # 4 Exhibit 14-22) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit 1-9 View on PACER 2 Exhibit 10-12 View on PACER 3 Exhibit 13 View on PACER 4 Exhibit 14-22 View on PACER	RECAP
10	Jan. 31, 2012	Declaration of Lucy Lennox . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit I-V, # 2 Exhibit VI-X, # 3 Exhibit XI-XV) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit I-V View on PACER 2 Exhibit VI-X View on PACER 3 Exhibit XI-XV View on PACER	RECAP
11	Jan. 31, 2012	Declaration of Troy McCarter . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-D) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-D View on PACER	RECAP
12	Jan. 31, 2012	Declaration of Rusty D. Campo . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-C) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-C View on PACER	RECAP
13	Jan. 31, 2012	Declaration of Martin Kay . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-D) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-D View on PACER	RECAP
14	Jan. 31, 2012	Declaration of Ezra St. Helen . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit A-D) (Chamberlain, Katherine) (Entered: 01/31/2012) 1 Exhibit A-D View on PACER	RECAP
15	Jan. 31, 2012	Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 01/31/2012)	RECAP
16	Feb. 1, 2012	Affidavit of Service of Complaint 1 upon Columbia County served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 02/01/2012)	RECAP
17	Feb. 1, 2012	Affidavit of Service of Complaint 1 upon Jeff Dickerson served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 02/01/2012)	RECAP
18	Feb. 1, 2012	Affidavit of Service of Complaint 1 upon Columbia County Sheriff's Office served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 02/01/2012)	RECAP
19	Feb. 10, 2012	Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/10/2012)	RECAP
20	Feb. 10, 2012	Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition 19 .) (Roberson, Gregory) (Entered: 02/10/2012)	RECAP
21	Feb. 10, 2012	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction 7 . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/10/2012)	RECAP
22	Feb. 10, 2012	Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 21 .) (Roberson, Gregory) (Entered: 02/10/2012)	RECAP
23	Feb. 13, 2012	ORDER - Granting Defendants' Motion for Extension of Time to File Response to Motion for Preliminary Injunction 21 Response is due by 2/17/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/13/2012)	RECAP
24	Feb. 14, 2012	ORDER - Granting Defendants' Motion for Extension of Time to Answer 19 . Answer is due by 2/17/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/14/2012)	RECAP
25	Feb. 16, 2012	Answer to 1 Complaint with Jury Demand . Filed by Columbia County, Columbia County Sheriff's Office, Jeff Dickerson. (Kraemer, Steven) (Entered: 02/16/2012)	RECAP
26	Feb. 16, 2012	Second Motion for Extension of Time to File a Response/Reply Unopposed to Motion for Preliminary Injunction 7 . Filed by All Defendants. (Roberson, Gregory) (Entered: 02/16/2012)	RECAP
27	Feb. 16, 2012	Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 26 .) (Roberson, Gregory) (Entered: 02/16/2012)	RECAP
28	Feb. 16, 2012	ORDER - Granting Defendants' Motion for Extension of Time to File Response Motion for Preliminary Injunction 26 . Response is due by 2/21/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/16/2012)	RECAP
29	Feb. 21, 2012	Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Motion for Preliminary Injunction 7 .) (Kraemer, Steven) (Entered: 02/21/2012)	RECAP
30	Feb. 21, 2012	Declaration of Bryan Cutright In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response 29 .) (Kraemer, Steven) (Entered: 02/21/2012)	RECAP
31	Feb. 21, 2012	Declaration of Gregory R. Roberson In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response 29 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Kraemer, Steven) (Entered: 02/21/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
32	Feb. 21, 2012	Declaration of Jeffrey M. Dickerson In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response 29 .) (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) (Kraemer, Steven) (Entered: 02/21/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER	RECAP
33	Feb. 22, 2012	Order - Setting a Telephone Rule 16 Conference to discuss the pending motion and a case schedule for 3/8/2012 at 09:30AM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/22/2012)	RECAP
34	March 6, 2012	Declaration of Lucy Lennox. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	RECAP
35	March 6, 2012	Declaration of Shaughnessy Williams. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	RECAP
36	March 6, 2012	Declaration of Bradley Berg. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	RECAP
37	March 6, 2012	Declaration of Sharon R. Berg. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	RECAP
38	March 6, 2012	Declaration of Nataliya Mikhaylova. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	RECAP
39	March 6, 2012	Declaration of John Weisenberger. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	RECAP
40	March 6, 2012	Declaration of Oana Popa. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/06/2012)	RECAP
41	March 6, 2012	Motion to Appear as Amicus Curiae . Filed by Partnership for Safety and Justice. (Walsh, Lynn) (Entered: 03/06/2012)	RECAP
42	March 6, 2012	Memorandum in Support . Filed by Partnership for Safety and Justice. (Related document(s): Motion to appear as amicus curiae 41 .) (Walsh, Lynn) (Entered: 03/06/2012)	RECAP
43	March 6, 2012	ORDER - Granting Partnership for Safety and Justice's Motion to Appear as Amicus Curiae 41 . The Court will discuss a case schedule at the Telephone Rule 16 Conference set for 3/8/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/06/2012)	RECAP
44	March 6, 2012	Second Declaration of Paul Wright. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit 1-13) (Chamberlain, Katherine) (Entered: 03/06/2012) 1 Exhibit 1-13 View on PACER	RECAP
45	March 6, 2012	Declaration of Jesse Wing. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Attachments: # 1 Exhibit 1-9) (Wing, Jesse) (Entered: 03/06/2012) 1 Exhibit 1-9 View on PACER	RECAP
46	March 6, 2012	Reply to Motion for Preliminary Injunction 7 Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 03/06/2012)	RECAP
47	March 7, 2012	Amicus Brief . Filed by Partnership for Safety and Justice. (Related document(s): Motion to appear as amicus curiae 41 .) (Walsh, Lynn) (Entered: 03/07/2012)	RECAP
48	March 8, 2012	MINUTES of Telephone Conference: Order - Setting a case schedule as follows: Setting a further Status Conference for 3/15/2012 at 09:30AM. The Court will initiate the call to the parties. Defendants' response to Partnership for Safety and Justice's Amicus Brief 47 is due by 3/22/2012. Setting a Hearing on Plaintiff's Motion for Preliminary Injunction 7 for 4/4/2012 at 09:30AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chmaberlain and Jesse Wing present as counsel for plaintiff(s). Steven Kraemer and Gregory Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/08/2012)	RECAP
49	March 15, 2012	MINUTES of Telephone Conference: Status of case discussed as stated on the record. Marc D. Blackman, Katherine Chamberlain, Jesse Wing present as counsel for plaintiff(s). Steven Kraemer and Gregory Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/15/2012)	RECAP
50	March 22, 2012	Response to Amicus Curiae Brief of the Partnership for Safety and Justice . Filed by All Defendants. (Related document(s): Motion to appear as amicus curiae 41 .) (Kraemer, Steven) Modified text on 3/23/2012 (sss). (Entered: 03/22/2012)	RECAP
51	March 28, 2012	Order - At the parties' request, the Court is setting a Telephone Conference for 3/29/2012 at 11:00AM. The Court will initiate the call. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/28/2012)	RECAP
52	March 29, 2012	MINUTES of Telephone Conference: Discovery discussed as stated on the record. Marc D. Blackman, Katherine Chamberlain, Lance Weber and Jesse Wing present as counsel for plaintiff(s). Gergory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 03/29/2012)	RECAP
53	March 30, 2012	Declaration of Patricia Mendoza . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction 7 .) (Chamberlain, Katherine) (Entered: 03/30/2012)	RECAP
54	April 4, 2012	MINUTES of Oral Argument Hearing: Order - Plaintiff's Motion for Preliminary Injunction 7 is taken under advisement as of 4/4/2012. The deadline for the close of discovery is 8/16/2012. Dispositive Motions are due by 9/13/2012. Setting a Telephone Status Conference for 7/6/2012 at 9:30AM. The Court will initiate the call to the parties. MarC D. Blackman, Katherine C. Chamberlain, and Jesse Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/04/2012)	RECAP
55	April 24, 2012	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on April 4, 2012 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/4/2012. Redaction Request due 5/18/2012. Redacted Transcript Deadline set for 5/29/2012. Release of Transcript Restriction set for 7/26/2012. (Apodaca, Dennis) (Entered: 04/24/2012)	RECAP
56	April 24, 2012	Order - At the parties' request, the Court is setting a Telephone Conference to discuss a discovery matter for 4/26/2012 at 03:15PM. The Court will initiate the call. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/24/2012)	RECAP
57	April 26, 2012	MINUTES of Telephone Conference: Status of case discussed as stated on the record. Order - Setting a further Telephone Status Conference for 4/27/2012 at 11:00AM. The Court will initiate the call to the parties. Marc Blackman and Jesse Wing present as counsel for plaintiff(s). Leslie Edenhofer present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/26/2012)	RECAP
58	April 27, 2012	Order - At the parties' request, the Court is resetting the Telephone Conference from 4/27/2012 to 4/30/2012 at 11:00AM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/27/2012)	RECAP
59	April 30, 2012	MINUTES of Telephone Conference: Order - Discovery matter discussed as stated on the record. Jesse Wing present as counsel for plaintiff(s). Leslie Edenhofer present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/30/2012)	RECAP
60	April 30, 2012	Order Approving Parameters of Rule 30(b)(6) Depositions and Rule 34 Inspection of Mail Processing, Jail Premises and Documents. Signed on 4/30/12 by Judge Michael H. Simon. (mja) (Entered: 04/30/2012)	RECAP
61	May 29, 2012	Motion to Compel Production of Documents. Oral Argument requested. Filed by Columbia County Sheriff's Office. (Roberson, Gregory) (Entered: 05/29/2012)	RECAP
62	May 29, 2012	Memorandum in Support . Filed by Columbia County Sheriff's Office. (Related document(s): Motion to compel 61 .) (Roberson, Gregory) (Entered: 05/29/2012)	RECAP
63	May 29, 2012	Declaration of Gregory R. Roberson In Support. Filed by Columbia County Sheriff's Office. (Related document(s): Motion to compel 61 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Roberson, Gregory) (Entered: 05/29/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	RECAP
64	May 29, 2012	Opinion and Order - Plaintiff's motion for a preliminary injunction, Dkt. 7, is GRANTED IN PART AND DENIED IN PART. Pending final resolution of this litigation, the court ORDERS that not later than 30 days from the date of this Order, Defendants must refrain from restricting all incoming and outgoing inmate personal mail to postcards only and shall not refuse to deliver or process personal inmate mail solely on the grounds that it is not on a postcard. Signed on 5/29/12 by Judge Michael H. Simon. (mja) (Entered: 05/29/2012)	RECAP
65	June 8, 2012	Motion to Amend/Correct Answer. Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) (Entered: 06/08/2012)	RECAP
66	June 8, 2012	Memorandum in Support . Filed by All Defendants. (Related document(s): Motion to Amend/Correct 65 .) (Roberson, Gregory) (Entered: 06/08/2012)	RECAP
67	June 8, 2012	Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion to Amend/Correct 65 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Roberson, Gregory) (Entered: 06/08/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
68	June 12, 2012	Response of PLN to Motion to Compel Production of Documents 61 . Filed by Prison Legal News. (Wing, Jesse) (Entered: 06/12/2012)	RECAP
69	June 12, 2012	Declaration of Jesse Wing In Support of PLN's Opposition. Filed by Prison Legal News. (Related document(s): Motion to compel 61 .) (Wing, Jesse) (Entered: 06/12/2012)	RECAP
70	June 15, 2012	Motion to Amend/Correct Opinion,, 64 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 06/15/2012)	RECAP
71	June 15, 2012	Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion to Amend/Correct 70 .) (Chamberlain, Katherine) (Entered: 06/15/2012)	RECAP
72	June 15, 2012	Declaration of Katherine C. Chamberlain . Filed by Prison Legal News. (Related document(s): Motion to Amend/Correct 70 .) (Chamberlain, Katherine) (Entered: 06/15/2012)	RECAP
73	June 19, 2012	OPINION and ORDER - Defendants' Motion to Compel 61 is DENIED. Signed on 6/19/12 by Judge Michael H. Simon. (mja) (Entered: 06/19/2012)	RECAP
74	June 22, 2012	Response in Opposition to Motion to Amend/Correct Answer 65 . Filed by Prison Legal News. (Wing, Jesse) (Entered: 06/22/2012)	RECAP
75	June 22, 2012	Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Response in Opposition to Motion 74 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Wing, Jesse) (Entered: 06/22/2012) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER	RECAP
76	July 2, 2012	Response in Opposition to Motion to Amend/Correct Opinion,, 64 70 . Filed by All Defendants. (Roberson, Gregory) (Entered: 07/02/2012)	RECAP
77	July 2, 2012	Declaration of Gregory R. Roberson In Support of. Filed by All Defendants. (Related document(s): Response in Opposition to Motion 76 .) (Attachments: # 1 Exhibit A) (Roberson, Gregory) (Entered: 07/02/2012) 1 Exhibit A View on PACER	RECAP
78	July 6, 2012	MINUTES of Telephone Conference: Order - Defendants' Motion to Amend Answer 65 is GRANTED. Plaintiff's Motion to Amend Opinion 70 is DENIED. Setting a Pretrial Conference for 1/28/2013 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Setting a 7-Day Jury Trial for 2/5/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chamberlain, Lance Weber and Jesse Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/06/2012)	RECAP
79	July 6, 2012	Trial Management Order. Signed on 7/6/12 by Judge Michael H. Simon. (mja) (Entered: 07/06/2012)	RECAP
80	July 30, 2012	Amended Answer to 1 Complaint with Jury Demand . Filed by Columbia County, Columbia County Sheriff's Office, Jeff Dickerson. (Roberson, Gregory) (Entered: 07/30/2012)	RECAP
81	Aug. 15, 2012	Joint Motion for Extension of Time to Complete Discovery. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 08/15/2012)	RECAP
82	Aug. 15, 2012	Joint Memorandum in Support of Motion to Extend Discovery Deadline. Filed by Prison Legal News. (Related document(s): Motion for Extension of Time 81 .) (Chamberlain, Katherine) (Entered: 08/15/2012)	RECAP
83	Aug. 15, 2012	Declaration of Katherine C. Chamberlain In Support of Joint Motion to Extend Discovery Deadline. Filed by Prison Legal News. (Related document(s): Motion for Extension of Time 81 .) (Chamberlain, Katherine) (Entered: 08/15/2012)	RECAP
84	Aug. 16, 2012	ORDER - Granting the parties' Joint Motion to Extend Discovery Deadline 81 . Discovery is to be completed by 8/31/2012. Plaintiff's Response to Defendants' Interrogatory No. 23 and Request for Production No. 28 are due by 8/31/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/16/2012)	RECAP
85	Sept. 13, 2012	Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief. Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)	RECAP
86	Sept. 13, 2012	Motion for Summary Judgment on Defendants' Failure to Mitigate Affirmative Defense. Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)	RECAP
87	Sept. 13, 2012	Declaration of Katherine C. Chamberlain in Support of Plaintiff's Motions for Summary Judgment. Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85, Motion for Summary Judgment 86 .) (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 10) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER	RECAP
88	Sept. 13, 2012	Exhibits 11 - 20 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17, # 7 Exhibit 18, # 8 Exhibit 19, # 9 Exhibit 20) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 12 View on PACER 2 Exhibit 13 View on PACER 3 Exhibit 14 View on PACER 4 Exhibit 15 View on PACER 5 Exhibit 16 View on PACER 6 Exhibit 17 View on PACER 7 Exhibit 18 View on PACER 8 Exhibit 19 View on PACER 9 Exhibit 20 View on PACER	RECAP
89	Sept. 13, 2012	Exhibits 21 - 35 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 22, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28, # 8 Exhibit 29, # 9 Exhibit 30, # 10 Exhibit 31, # 11 Exhibit 32, # 12 Exhibit 33, # 13 Exhibit 34, # 14 Exhibit 35) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 22 View on PACER 2 Exhibit 23 View on PACER 3 Exhibit 24 View on PACER 4 Exhibit 25 View on PACER 5 Exhibit 26 View on PACER 6 Exhibit 27 View on PACER 7 Exhibit 28 View on PACER 8 Exhibit 29 View on PACER 9 Exhibit 30 View on PACER 10 Exhibit 31 View on PACER 11 Exhibit 32 View on PACER 12 Exhibit 33 View on PACER 13 Exhibit 34 View on PACER 14 Exhibit 35 View on PACER	RECAP
90	Sept. 13, 2012	Exhibits 36-50 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 37, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit 40, # 5 Exhibit 41, # 6 Exhibit 42, # 7 Exhibit 43, # 8 Exhibit 44, # 9 Exhibit 45, # 10 Exhibit 46, # 11 Exhibit 47, # 12 Exhibit 48, # 13 Exhibit 49, # 14 Exhibit 50) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 37 View on PACER 2 Exhibit 38 View on PACER 3 Exhibit 39 View on PACER 4 Exhibit 40 View on PACER 5 Exhibit 41 View on PACER 6 Exhibit 42 View on PACER 7 Exhibit 43 View on PACER 8 Exhibit 44 View on PACER 9 Exhibit 45 View on PACER 10 Exhibit 46 View on PACER 11 Exhibit 47 View on PACER 12 Exhibit 48 View on PACER 13 Exhibit 49 View on PACER 14 Exhibit 50 View on PACER	RECAP
91	Sept. 13, 2012	Exhibits 51-62 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 52, # 2 Exhibit 53, # 3 Exhibit 54, # 4 Exhibit 55, # 5 Exhibit 56, # 6 Exhibit 57, # 7 Exhibit 58, # 8 Exhibit 59, # 9 Exhibit 60, # 10 Exhibit 61, # 11 Exhibit 62) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 52 View on PACER 2 Exhibit 53 View on PACER 3 Exhibit 54 View on PACER 4 Exhibit 55 View on PACER 5 Exhibit 56 View on PACER 6 Exhibit 57 View on PACER 7 Exhibit 58 View on PACER 8 Exhibit 59 View on PACER 9 Exhibit 60 View on PACER 10 Exhibit 61 View on PACER 11 Exhibit 62 View on PACER	RECAP
92	Sept. 13, 2012	Exhibits 63 - 69 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 64, # 2 Exhibit 65, # 3 Exhibit 66, # 4 Exhibit 67, # 5 Exhibit 68, # 6 Exhibit 69) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 64 View on PACER 2 Exhibit 65 View on PACER 3 Exhibit 66 View on PACER 4 Exhibit 67 View on PACER 5 Exhibit 68 View on PACER 6 Exhibit 69 View on PACER	RECAP
93	Sept. 13, 2012	Exhibits 70-73 re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 71, # 2 Exhibit 72, # 3 Exhibit 73) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 71 View on PACER 2 Exhibit 72 View on PACER 3 Exhibit 73 View on PACER	RECAP
94	Sept. 13, 2012	Exhibits 74 re Declaration, 87 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)	RECAP
95	Sept. 13, 2012	Exhibits 75 re Declaration, 87 . Filed by Prison Legal News. (Chamberlain, Katherine) (Entered: 09/13/2012)	RECAP
96	Sept. 13, 2012	Exhibits 76 (parts 1 and 2) re Declaration, 87 . Filed by Prison Legal News. (Attachments: # 1 Exhibit 76 (part 2)) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit 76 (part 2) View on PACER	RECAP
97	Sept. 13, 2012	Second Declaration of Bradley Berg . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
98	Sept. 13, 2012	Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85 .) (Chamberlain, Katherine) (Entered: 09/13/2012)	RECAP
99	Sept. 13, 2012	Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment 85, Motion for Summary Judgment 86 .) (Attachments: # 1 Exhibit I, # 2 Exhibit II, # 3 Exhibit III, # 4 Exhibit IV, # 5 Exhibit V) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit I View on PACER 2 Exhibit II View on PACER 3 Exhibit III View on PACER 4 Exhibit IV View on PACER 5 Exhibit V View on PACER	RECAP
100	Sept. 13, 2012	Exhibits VI - X re Declaration, 99 . Filed by Prison Legal News. (Attachments: # 1 Exhibit VII, # 2 Exhibit VIII, # 3 Exhibit IX, # 4 Exhibit X) (Chamberlain, Katherine) (Entered: 09/13/2012) 1 Exhibit VII View on PACER 2 Exhibit VIII View on PACER 3 Exhibit IX View on PACER 4 Exhibit X View on PACER	RECAP

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Case Details

State / Territory:

Oregon

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

Key Dates

Filing Date: Jan. 13, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison Legal News, a monthly magazine that reports on court rulings and news related to prisoners’ rights and criminal justice issues.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Columbia 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

Other Dockets:

District of Oregon 3:12-cv-00071

Available Documents:

Any published opinion

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: 802,176.46

Issues

General/Misc.:

Conditions of confinement

Mail

Recommended Citation

Case Summary of Prison Legal News v. Columbia County, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12105/ (last updated 3/30/2018).