Case: Human Rights Defense Center v. Winn

1:19-cv-12470 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 22, 2019

Case Ongoing

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Case Summary

The Human Rights Defense Center (HRDC) is a non-profit publisher of Prison Legal News and other publications for prisoners. After many issues of Prison Legal News were withheld from prisoners in Michigan from 2016 to 2019, HRDC filed this lawsuit on August 22, 2019, in U.S. District Court for the Eastern District of Michigan. it sued the Michigan Department of Corrections (MDOC) under Section 1983. HRDC was represented by its own counsel, along with co-counsel from Honigman and the MSU Law School Civil Rights Clinic. The complaint alleged violations of the First and Fourteenth Amendments and sought injunctive and declaratory relief, compensatory, punitive, and nominal damages, attorneys' fees, and a jury trial.

Specifically, the complaint alleged that issues of Prison Legal News, as well as some other one-off HRDC publications, were withheld from prisoners between September 2016 and July 2019. Different issues were withheld at different prisons, and the complaint lists 22 different Michigan prisons where materials were withheld at some point. This is the alleged censorship under the First Amendment. HRDC also alleged that MDOC almost never provided notice that it was withholding materials, and failed to offer any process for HRDC to appeal its decision. HRDC did appeal a few times by sending letters to some of the prisons in question, and those appeals were all denied except for one. This is the alleged Fourteenth Amendment due process claim.

The judge on the case is Judge Thomas L. Ludington. On Jan. 6, 2020, the judge denied injunctive relief and dismissed all defendants except for the Director of MDOC. 431 F.Supp.3d 925. Discovery is due at the end of July 2020, and a settlement conference and pre-trial hearing are also scheduled.

Summary Authors

Hetali Lodaya (5/18/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16097056/parties/human-rights-defense-center-v-winn/

Judge(s)

Ludington, Thomas Lamson (Michigan)

Attorney for Plaintiff

Dawson, Rian Cierra (Michigan)

Manville, Daniel E. (Michigan)

Attorney for Defendant

Barkman, Cori E. (Michigan)

Foster, Jennifer A (Michigan)

Judge(s)

Ludington, Thomas Lamson (Michigan)

Attorney for Plaintiff

Dawson, Rian Cierra (Michigan)

Manville, Daniel E. (Michigan)

Marshall, Daniel (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Pauwels, Andrew (Michigan)

Stewart, James Edward Sr. (Louisiana)

Attorney for Defendant

Barkman, Cori E. (Michigan)

Foster, Jennifer A (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:19-cv-12470	Docket [PACER]	April 24, 2020	April 24, 2020 Docket
1 1:19-cv-12470	Complaint	Aug. 22, 2019	Aug. 22, 2019 Complaint
24 1:19-cv-12470	First Amended Complaint	Oct. 23, 2019	Oct. 23, 2019 Complaint
32 1:19-cv-12470	Order Granting in Part and Denying in Part Defendants' Motion to Dismiss and Denying Plaintiff's Motion for Preliminary Injunction	Jan. 6, 2020	Jan. 6, 2020 Order/Opinion 431 F.Supp.3d 925

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16097056/human-rights-defense-center-v-winn/

Last updated April 3, 2026, 4:54 a.m.

ECF Number	Date	Description	Link
1	Aug. 22, 2019	COMPLAINT filed by Human Rights Defense Center against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7374935 - Fee: $ 400. County of 1st Plaintiff: Palm Beach County, Florida - County Where Action Arose: Saginaw - County of 1st Defendant: Saginaw. [Previously dismissed case: No] [Possible companion case(s): None] (Pauwels, Andrew) (Entered: 08/22/2019)	RECAP
2	Aug. 22, 2019	NOTICE of Appearance by Rian Cierra Dawson on behalf of Human Rights Defense Center. (Dawson, Rian) (Entered: 08/22/2019)	RECAP
3	Aug. 22, 2019	MOTION for Preliminary Injunction by Human Rights Defense Center. (Attachments: # 1 Exhibit A - Declaration of Paul Wright) (Pauwels, Andrew) (Entered: 08/22/2019) 1 Exhibit A - Declaration of Paul Wright View on PACER	RECAP
4	Aug. 22, 2019	Notice of Corrected Judicial Assignment due to Clerical Error: Reassigned from * District Judge Matthew F. Leitman* and Magistrate Judge David R. Grand to District Judge Thomas L. Ludington and Magistrate Judge Patricia T. Morris (SSch) (Entered: 08/22/2019)	RECAP
5	Aug. 22, 2019	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Human Rights Defense Center identifying Corporate Parent Human Rights Defense Center for Human Rights Defense Center. (Dawson, Rian) (Entered: 08/22/2019)	RECAP
6	Aug. 22, 2019	SUMMONS Issued for Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn (SKra) (Entered: 08/22/2019)	RECAP
	Aug. 22, 2019	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option
	Aug. 22, 2019	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (SKra)
7	Aug. 28, 2019	CERTIFICATE of Service/Summons Returned Executed. All Plaintiffs. (Manville, Daniel) (Entered: 08/28/2019)	RECAP
8	Aug. 28, 2019	SUMMONS Issued for Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn (SKra) (Entered: 08/28/2019)	RECAP
9	Aug. 28, 2019	ATTORNEY APPEARANCE: Daniel E. Manville appearing on behalf of Human Rights Defense Center (Manville, Daniel) (Entered: 08/28/2019)	RECAP
10	Aug. 28, 2019	NOTICE by Human Rights Defense Center re 7 Certificate of Service/Summons Returned Executed withdraw (Manville, Daniel) (Entered: 08/28/2019)	RECAP
11	Aug. 28, 2019	CERTIFICATE of Service/Summons Returned Executed. Heidi Washington served on 8/28/2019, answer due 9/18/2019. (Manville, Daniel) (Entered: 08/28/2019)	RECAP
12	Aug. 29, 2019	CERTIFICATE of Service/Summons Returned Executed. Carmen Palmer served on 8/24/2019, answer due 9/16/2019. (Dawson, Rian) (Entered: 08/29/2019)	RECAP
13	Aug. 30, 2019	CERTIFICATE of Service/Summons Returned Executed. O'Bell Winn served on 8/26/2019, answer due 9/16/2019. (Dawson, Rian) (Entered: 08/30/2019)	RECAP
14	Sept. 10, 2019	NOTICE of Appearance by Cori E. Barkman on behalf of Bonita Hoffner, Heidi Washington, O'Bell Winn. (Barkman, Cori) (Entered: 09/10/2019)	RECAP
15	Sept. 10, 2019	WAIVER OF SERVICE Returned Executed. Bonita Hoffner waiver sent on 8/24/2019, answer due 10/23/2019; Heidi Washington waiver sent on 8/28/2019, answer due 10/28/2019; O'Bell Winn waiver sent on 8/26/2019, answer due 10/25/2019. (Barkman, Cori) (Entered: 09/10/2019)	RECAP
16	Sept. 11, 2019	WAIVER OF SERVICE Returned Executed. (Barkman, Cori) (Entered: 09/11/2019)	RECAP
17	Sept. 11, 2019	NOTICE of Appearance by Cori E. Barkman on behalf of Carmen Palmer. (Barkman, Cori) (Entered: 09/11/2019)	RECAP
18	Sept. 11, 2019	STIPULATED ORDER to Extend Time for Defendants (Bonita Hoffner, Heidi Washington, O'Bell Winn) to Respond re 1 Complaint and 3 MOTION for Preliminary Injunction. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 09/11/2019)	RECAP
19	Sept. 27, 2019	CERTIFICATE of Service/Summons Returned Executed. Willie Smith served on 9/25/2019, answer due 10/16/2019. (Dawson, Rian) (Entered: 09/27/2019)	RECAP
20	Sept. 30, 2019	NOTICE of Appearance by Cori E. Barkman on behalf of Willie Smith. (Barkman, Cori) (Entered: 09/30/2019)	RECAP
21	Oct. 7, 2019	STIPULATED ORDER to Set Deadline for Defendants (Carmen Palmer and Willie Smith) to Respond to Complaint and Motion. ( Response to 1 Complaint due by 10/18/2019), (Defendants' Response for 3 MOTION for Preliminary Injunction due by 10/18/2019.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 10/07/2019)	RECAP
22	Oct. 18, 2019	MOTION to Dismiss with Brief in Support by Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn. (Barkman, Cori) (Entered: 10/18/2019)	RECAP
23	Oct. 18, 2019	RESPONSE to 3 MOTION for Preliminary Injunction filed by Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn. (Barkman, Cori) (Entered: 10/18/2019)	RECAP
24	Oct. 23, 2019	AMENDED COMPLAINT with Jury Demand filed by Human Rights Defense Center against All Defendants. NO NEW PARTIES ADDED. (Pauwels, Andrew) (Entered: 10/23/2019)	RECAP
25	Oct. 24, 2019	NOTICE of Appearance by Jennifer A. Foster on behalf of Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn. (Foster, Jennifer) (Entered: 10/24/2019)	RECAP
26	Oct. 31, 2019	NOTICE OF HEARING on 3 MOTION for Preliminary Injunction. Motion Hearing set for 12/4/2019 at 2:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 10/31/2019)	RECAP
27	Oct. 31, 2019	NOTICE OF HEARING on 22 MOTION to Dismiss with Brief in Support. Accelerated Response due by 11/6/2019; Accelerated Reply due by 11/18/2019; Motion Hearing set for 12/4/2019 at 2:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 10/31/2019)	RECAP
28	Nov. 1, 2019	REPLY to Response re 3 MOTION for Preliminary Injunction filed by Human Rights Defense Center. (Pauwels, Andrew) (Entered: 11/01/2019)	RECAP
29	Nov. 6, 2019	RESPONSE to 22 MOTION to Dismiss with Brief in Support filed by Human Rights Defense Center. (Attachments: # 1 Exhibit 1 - Notice Regarding Prisoner Mail) (Pauwels, Andrew) (Entered: 11/06/2019) 1 Exhibit 1 - Notice Regarding Prisoner Mail View on PACER	RECAP
30	Nov. 18, 2019	REPLY to Response re 22 MOTION to Dismiss with Brief in Support filed by Bonita Hoffner, Carmen Palmer, Willie Smith, Heidi Washington, O'Bell Winn. (Barkman, Cori) (Entered: 11/18/2019)	RECAP
31	Nov. 19, 2019	NOTICE of Appearance by Daniel Lucas Marshall on behalf of Human Rights Defense Center. (Marshall, Daniel) (Entered: 11/19/2019)	RECAP
	Nov. 26, 2019	Text-Only Notice of Hearing Cancelled
	Nov. 26, 2019	TEXT-ONLY NOTICE: Motion Hearings on 12/4/2019 are Cancelled re 22 MOTION to Dismiss with Brief in Support, and 3 MOTION for Preliminary Injunction. Motions will be Decided Without Oral Argument on the Filed Papers. (KWin)
32	Jan. 6, 2020	ORDER Granting in Part and Denying in Part Defendants' 22 Motion to Dismiss and Denying Plaintiff's 3 Motion for Preliminary Injunction. (Carmen Palmer, Willie Smith, O'Bell Winn, Does 1-30 and Bonita Hoffner terminated.) Signed by District Judge Thomas L. Ludington. (KWin)	RECAP
33	Jan. 28, 2020	ORDER for Plaintiff(s) to Show Cause Why This Case Should Not be Dismissed for Failure to Prosecute as to Heidi Washington. Show Cause Response due by 2/11/2020. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/28/2020)	RECAP
34	Jan. 29, 2020	ANSWER to Amended Complaint with Affirmative Defenses by Heidi Washington. (Barkman, Cori) (Entered: 01/29/2020)	RECAP
35	Jan. 30, 2020	Vacating Show Cause*	RECAP
36	Jan. 30, 2020	Order	RECAP
37	Feb. 27, 2020	Scheduling Order	RECAP
38	April 24, 2020	Stipulation and Order	RECAP
39	June 25, 2020	Scheduling Order	RECAP
40	July 9, 2020	Appearance	RECAP
41	July 9, 2020	Appearance	RECAP
42	July 16, 2020	Protective Order	RECAP
43	July 20, 2020	Stipulation and Order	RECAP
44	Sept. 14, 2020	Scheduling Order	RECAP
45	Oct. 8, 2020	Protective Order	RECAP
46	Nov. 12, 2020	Scheduling Order	RECAP
47	Jan. 6, 2021	Appear*	RECAP
48	Jan. 21, 2021	Referring Other Matters to Magistrate Judge*	RECAP
49	Feb. 1, 2021	Scheduling Order AND Stipulation and Order	RECAP
50	Feb. 11, 2021	Appear*	RECAP
51	March 19, 2021	Compel	RECAP
52	April 2, 2021	Response to Motion	RECAP
54	April 8, 2021	Protective Order	RECAP
55	April 9, 2021	Reply to Response to Motion	RECAP
56	April 14, 2021	Withdrawal of Attorney	RECAP
57	April 14, 2021	Summary Judgment	RECAP
58	April 15, 2021	Summary Judgment	RECAP
59	April 19, 2021	Order on Motion to Withdraw as Attorney	RECAP
60	April 19, 2021	Hearing on Motion*	RECAP
61	April 20, 2021	Order on Motion for Protective Order AND Order on Motion to Compel	RECAP
62	May 5, 2021	Response to Motion	RECAP
63	May 6, 2021	Response to Motion	RECAP
64	May 19, 2021	Reply to Response to Motion	RECAP
65	May 19, 2021	Reply to Response to Motion	RECAP
66	May 28, 2021	Leave to File	RECAP
67	June 3, 2021	Strike	RECAP
68	June 11, 2021	Response to Motion	RECAP
69	June 17, 2021	Response to Motion	RECAP
70	June 18, 2021	Reply to Response to Motion	RECAP
	June 21, 2021	Text-Only Notice of Hearing Cancelled
71	June 24, 2021	Reply to Response to Motion	RECAP
72	June 30, 2021	Scheduling Order	RECAP
73	July 9, 2021	ORDER Denying Plaintiff's 58 Motion for Summary Judgment and Granting in Part and Denying in Part Defendant's 57 Motion for Summary Judgment. {Granting 66 Motion for Leave to File and Denying as Moot 67 Motion to Strike.). Signed by District Judge Thomas L. Ludington. (KWin)	RECAP
74	July 15, 2021	Notice - Other	RECAP
75	Aug. 31, 2021	Appearance	RECAP
76	Sept. 13, 2021	Scheduling Order	RECAP
77	Dec. 22, 2021	Notice - Other	RECAP
78	Dec. 22, 2021	Notice - Other	RECAP
79	Jan. 3, 2022	Stipulation and Order	RECAP
80	Jan. 13, 2022	Appear*	RECAP
81	Jan. 27, 2022	Referring Other Matters to Magistrate Judge*	RECAP
82	Jan. 28, 2022	Scheduling Order	RECAP
83	Feb. 1, 2022	~Util - Set Deadlines/Hearings AND Order	RECAP
84	March 1, 2022	~Util - Set Deadlines/Hearings AND Order	RECAP
85	March 31, 2022	Dismissing Case - Stipulated Order	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Prison Legal News

Key Dates

Filing Date: Aug. 22, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Human Rights Defense Center - nonprofit that publishes written materials such as Prison Legal News for distribution in prisons, as well as materials related to prison/criminal justice topics.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Director of MDOC

Defendant Type(s):

Corrections

Jurisdiction-wide

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

Due Process: Procedural Due Process

Freedom of speech/association

Other Dockets:

Eastern District of Michigan 1:19-cv-12470

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Mail

Recommended Citation

Case Summary of Human Rights Defense Center v. Winn, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/17350/ (last updated 5/18/2020).