Case: Prison Legal News, Inc. v. Haley

2:99-cv-00486 | U.S. District Court for the Middle District of Alabama

Filed Date: May 13, 1999

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On May 13, 1999, Prison Legal News, Inc. (PLN) and inmate Aven H. Cotton filed a lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Middle District of Alabama, challenging on First Amendment grounds the Alabama Department of Corrections (DOC) policy which prohibited inmates from receiving books, magazines or newspapers unless paid for by inmate funds from Prisoner Money on Deposit accounts. Plaintiffs, who were represented by the Southern Poverty Law Center, sought declaratory and injunctive relief.

Shortly after the initiation of the lawsuit, both parties filed cross-motions for summary judgment. During the motion briefing period, the case was settled.

On March 29, 2000, the District Court (Judge Ira De Ment) entered an agreed Stipulation which set forth the terms of the settlement, including a change in DOC policy to permit inmates to receive free and gift publications. The case was then administratively closed.

Summary Authors

Dan Dalton (3/13/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11107515/parties/prison-legal-news-v-haley/

Judge(s)

DeMent, Ira (Alabama)

De Ment, Ira (Alabama)

Attorney for Plaintiff

Brownstein, Rhonda C. (Alabama)

Cohen, J. Richard (Alabama)

Attorney for Defendant

Addison, William F. (Alabama)

Judge(s)

DeMent, Ira (Alabama)

De Ment, Ira (Alabama)

Attorney for Plaintiff

Brownstein, Rhonda C. (Alabama)

Cohen, J. Richard (Alabama)

Smith, Catherine (Alabama)

Attorney for Defendant

Addison, William F. (Alabama)

Redd, Andrew Weldon (Alabama)

Tepley, Peter John (Alabama)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:99-cv-00486	Docket (PACER)	March 29, 2000	March 29, 2000 Docket
41 2:99-cv-00486	Stipulation	March 29, 2000	March 29, 2000 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Prison Legal News, et al. v. Haley Southern Poverty Law Center	The Alabama DOC prohibited its prisoners from receiving gift subscriptions for publications. Inmates were forced to buy subscriptions from their prison trust accounts. In addition, publishers were no…	March 29, 2000	March 29, 2000 https://www.splcenter.org/...
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/11107515/prison-legal-news-v-haley/

Last updated March 24, 2026, 4:54 a.m.

ECF Number	Date	Description	Link
1	May 13, 1999	COMPLAINT; permanent injunction Filing Fee $ 150.00 Receipt # 76724 (djy) (Entered: 06/02/1999)	RECAP
2	May 13, 1999	SUMMONS issued for Michael W. Haley and returned to counsel for personal service (djy) (Entered: 06/02/1999)	RECAP
3	May 14, 1999	SUMMONS Returned Executed as to Michael W. Haley 5/13/99 by process server (Lynn Gomillion-legal secretary). Answer due on 6/2/99 for Michael W. Haley (djy) (Entered: 06/02/1999)	RECAP
4	June 2, 1999	MOTION by Michael W. Haley to Transfer Venue ; referred to Mag. Judge Charles S. Coody (ajr) (Entered: 06/03/1999)	RECAP
5	June 2, 1999	BRIEF by Michael W. Haley in support of [4-1] motion to Transfer Venue referred to Mag. Judge Charles S. Coody (ajr) (Entered: 06/03/1999)	RECAP
	June 2, 1999	Notice of assignment to US Mag Judge mailed to counsel for plaintiff. (djy)
	June 2, 1999	File referred to Mag. Judge Coody. (djy)
	June 3, 1999	"Notice of Assignment to U.S. Mag. Judge" mailed to counsel for defendant (ajr)
	June 7, 1999	CASE reassigned to Judge Ira De Ment (ajr)
	June 8, 1999	File referred to Judge De Ment (ajr)
6	June 9, 1999	RESPONSE by Prison Legal News, Aven H. Cotton to [4-1] motion to Transfer Venue by Michael W. Haley (with attachments); referred to Judge Ira De Ment (ajr) (Entered: 06/10/1999)	RECAP
7	June 11, 1999	ORDER setting Status Conference 10:00 6/16/99 before Judge Myron H. Thompson ( signed by Judge Ira De Ment ), copies mailed and faxed to counsel. (ajr) (Entered: 06/11/1999)	RECAP
8	June 14, 1999	ORDER resetting Scheduling Conference for 10:30 6/16/99 before Judge Ira De Ment ( signed by Judge Ira De Ment ), copies mailed to counsel; furnished to RL, DH, HC. (ajr) (Entered: 06/14/1999)	RECAP
9	June 16, 1999	MOTION by Prison Legal News, Aven H. Cotton for to Appear Pro Hac Vice FILING FEE $ 10.00 RECEIPT # 77161 referred to Judge Ira De Ment (ajr) (Entered: 06/17/1999)	RECAP
	June 17, 1999	Stamped ORDER granting [9-1] motion for to Appear Pro Hac Vice FILING FEE $ 10.00 RECEIPT # 77161 ( by Judge Ira De Ment ), copies mailed to counsel; furnished to RL. (war)
10	June 30, 1999	ORDER setting Status Conference 2:00 7/8/99 before Judge Ira De Ment ( signed by Judge Ira De Ment ), copies mailed and faxed to counsel. (ajr) (Entered: 06/30/1999)	RECAP
11	July 9, 1999	MEMORANDUM OPINION AND ORDER denying [4-1] motion to Transfer Venue ( signed by Judge Ira De Ment ), copies mailed to counsel (ajr) (Entered: 07/09/1999)	RECAP
12	July 21, 1999	ANSWER to Complaint by Michael W. Haley; referred to Mag. Judge Charles S. Coody (ajr) (Entered: 07/22/1999)	RECAP
13	July 26, 1999	SCHEDULING ORDER setting Rule 16 Pretrial Conference for 11/30/99 before Judge Ira De Ment Motion Filing deadline on 8/31/99 ; Discovery cutoff 11/16/99 ; set amended pleading deadline for 10/9/99 Non-jury trial set for 1/10/00 before Judge Ira De Ment; Mediation Notice deadline on 11/4/99; form AO 85 attached (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL, YG, HC. (ajr) (Entered: 07/26/1999)	RECAP
14	Sept. 1, 1999	MOTION by Michael W. Haley for Summary Judgment referred to Judge Ira De Ment (ajr) (Entered: 09/02/1999)	RECAP
15	Sept. 1, 1999	BRIEF by Michael W. Haley in support of [14-1] motion for Summary Judgment (exhibits 1 and 2 attached); referred to Judge Ira De Ment (ajr) (Entered: 09/02/1999)	RECAP
16	Sept. 9, 1999	ORDER Response to Motion set to 9/23/99 for [14-1] motion for Summary Judgment, setting reply brief deadline for 9/30/99 for Michael W. Haley [14-1] motion for Summary Judgment by Michael W. Haley set for submission on 9/30/99 (signed by Judge Ira De Ment), copies mailed to counsel. (ajr) (Entered: 09/09/1999)	RECAP
17	Sept. 13, 1999	MOTION by Prison Legal News, Aven H. Cotton for leave to delay filing a response to defendant's motion for summary judgment until after the completion of discovery referred to Judge Ira De Ment (ajr) (Entered: 09/14/1999)	RECAP
18	Sept. 15, 1999	Witness list by Prison Legal News (Exhibits A-E attached); referred to Judge De Ment (ajr) (Entered: 09/16/1999)	RECAP
19	Sept. 20, 1999	JOINT MOTION by Prison Legal News, Aven H. Cotton, Michael W. Haley to continue pretrial conference and trial date referred to Judge Ira De Ment (ajr) (Entered: 09/21/1999)	RECAP
20	Sept. 23, 1999	ORDER granting [19-1] joint motion to continue pretrial conference and trial date ; resetting Scheduling Order Deadlines: Pretrial Conference for 4/4/00 before Judge Ira De Ment; Non-jury trial set for 5/8/00 before Judge Ira De Ment ; (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL, YG, HC. (ajr) (Entered: 09/23/1999)	RECAP
	Sept. 23, 1999	Stamped ORDER denying as moot [17-1] motion for leave to delay filing a response to defendant's motion for summary judgment until after the completion of discovery ( by Judge Ira De Ment ), copies mailed to counsel. (ajr)
21	Sept. 27, 1999	Notice Concerning Settlement Conference and Mediation filed by Prison Legal News, Aven H. Cotton referred to Judge Ira De Ment (ajr) (Entered: 09/28/1999)	RECAP
23	Oct. 18, 1999	ORDER TO SHOW CAUSE why motion for leave to amend complaint should not be granted; Response to Order to Show Cause due on 11/1/99 for Michael W. Haley, setting reply brief deadline for 11/8/99 for Aven H. Cotton, for Prison Legal News (signed by Judge Ira De Ment), copies mailed to counsel. (ajr) (Entered: 10/18/1999)	RECAP
24	Nov. 2, 1999	RESPONSE by Michael W. Haley in opposition to [22-1] motion to Amend [1-1] complaint by Aven H. Cotton, Prison Legal News referred to Judge Ira De Ment (ajr) (Entered: 11/03/1999)	RECAP
25	Nov. 5, 1999	RESPONSE by Prison Legal News to [24-1] opposition response by Michael W. Haley referred to Mag. Judge Charles S. Coody (ajr) (Entered: 11/08/1999)	RECAP
26	Nov. 10, 1999	MEMORANDUM OPINION AND ORDER granting [22-1] motion to Amend [1-1] complaint ( signed by Judge Ira De Ment ), copies mailed to counsel (ajr) (Entered: 11/10/1999)	RECAP
27	Nov. 15, 1999	AMENDED COMPLAINT by Prison Legal News amending [1-1] complaint (ajr) (Entered: 11/15/1999)	RECAP
28	Jan. 6, 2000	CROSS-MOTION by Prison Legal News, Aven H. Cotton for Summary Judgment (Exhibits 1-27 maintained in separate binder with file); referred to Mag. Judge Charles S. Coody (ajr) (Entered: 01/07/2000)	RECAP
29	Jan. 6, 2000	BRIEF by Prison Legal News, Aven H. Cotton in support of [28-1] motion for Summary Judgment referred to Mag. Judge Charles S. Coody (ajr) (Entered: 01/07/2000)	RECAP
30	Jan. 11, 2000	ORDER, dfts' Response to Motion set to 1/24/00 for [28-1] motion for Summary Judgment, set reply brief deadline for 1/31/00 for Aven H. Cotton, for Prison Legal News [28-1] motion for Summary Judgment by Aven H. Cotton, Prison Legal News set for submission on 1/31/00 ( signed by Judge Ira De Ment ), copies mailed to counsel; furn: rl. (vmc) (Entered: 01/11/2000)	RECAP
31	Jan. 19, 2000	MOTION by Prison Legal News, Aven H. Cotton to substitute original affidavit for unsigned copy referred to Judge Ira De Ment (ajr) (Entered: 01/20/2000)	RECAP
32	Jan. 24, 2000	BRIEF by Michael W. Haley in opposition to [28-1] motion for Summary Judgment (exhibit 6 attached); referred to Judge Ira De Ment (ajr) Modified on 01/27/2000 (Entered: 01/25/2000)	RECAP
33	Jan. 24, 2000	REBUTTAL by Michael W. Haley to response to [14-1] motion for Summary Judgment by Michael W. Haley (exhibits 3-5 attached); referred to Judge Ira De Ment (ajr) Modified on 01/26/2000 (Entered: 01/25/2000)	RECAP
	Jan. 24, 2000	Stamped ORDER granting [31-1] motion to substitute original affidavit for unsigned copy ( by Judge Ira De Ment ), copies mailed to counsel. (ajr)
36	Jan. 27, 2000	SUPPLEMENT TO REBUTTAL by Michael W. Haley to response to [14-1] motion for Summary Judgment by Michael W. Haley (w/attachments), referred to Judge Ira De Ment (war) (Entered: 01/28/2000)	RECAP
	Jan. 27, 2000	Stamped ORDER granting [34-1] motion to supplement [33-1] response reply by Michael W. Haley, [32-1] brief in opposition by Michael W. Haley ( by Judge Ira De Ment ), copies mailed to counsel; furnished to RL. (war)
	Jan. 28, 2000	Stamped ORDER granting [35-1] motion to substitute original affidavit for faxed copy which was attached to [32-1] brief in opposition by Michael W. Haley ( by Judge Ira De Ment ). Copies mailed to counsel. (djy)
37	Jan. 31, 2000	BRIEF by Prison Legal News, Aven H. Cotton in support of [28-1] motion for Summary Judgment referred to Judge Ira De Ment (ajr) (Entered: 02/01/2000)	RECAP
38	Feb. 28, 2000	NOTICE of Attorney Appearance for Prison Legal News, Aven H. Cotton by Peter John Tepley (ajr) (Entered: 02/29/2000)	RECAP
39	March 2, 2000	ORDER setting Scheduling Order Deadlines: Pretrial Conference for 10:30 4/2/00 before Judge Ira De Ment; Proposed Pretrial Order due 3/27/00; Jury Trial set for 5/8/00 before Judge Ira De Ment; (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL, YG, HC . (ajr) (Entered: 03/02/2000)	RECAP
	March 7, 2000	Deadline updated; setting Pretrial Conference for 10:30 4/4/00 before before Judge Ira De Ment (ajr)
40	March 14, 2000	Witness list by Prison Legal News, Aven H. Cotton; referred to Judge De Ment (ajr) (Entered: 03/15/2000)	RECAP
41	March 29, 2000	ORDER (STIPULATION) that in order to resolve this lawsuit the defendant agrees to permit inmates to receive free and gift publications as further set out; (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL, HC, YG (ajr) (Entered: 03/29/2000)	RECAP
	March 29, 2000	Case closed (ajr)

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Case Details

State / Territory:

Alabama

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 13, 1999

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison Legal News, Inc. challenging the policy prohibiting inmates from receiving books, magazines, or newspapers unless they have been paid for with funds from inmates' Prisoner Money on Deposit

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Alabama Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Middle District of Alabama 2:99-cv-00486

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Mail

Recommended Citation

Case Summary of Prison Legal News, Inc. v. Haley, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9474/ (last updated 3/13/2007).