Case: Prison Legal News v. Millard County

2:01-cv-00580 | U.S. District Court for the District of Utah

Filed Date: July 30, 2001

Closed Date: 2002

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Case Summary

On July 30, 2001, Prison Legal News (PLN) filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, challenging Millard County Jail's "no publications policy" which barred inmates from receiving PLN's publications. PLN was represented by attorneys with the Utah Legal Clinic.This case was one of several lawsuit instituted by PLN over the years, challenging prison mail restrictions on First Amendment grounds. See e.g., PC-OR-4, PC-AL-24, PC-WA-8, PC-MI-22…

This case was one of several lawsuit instituted by PLN over the years, challenging prison mail restrictions on First Amendment grounds. See e.g., PC-OR-4, PC-AL-24, PC-WA-8, PC-MI-22, JC-UT-1.

Shortly after filing of the lawsuit, Millard County Jail made a Rule 68 Offer of Judgment to settle the case for the sum of $300.00 plus attorneys' fees and costs. PLN accepted the offer. On January 7, 2002, the District Court (Judge Ted Stewart) entered Judgment that all claims arising out of the pleadings were dismissed with prejudice. PLN then moved to amend the judgment. On April 23, 2002, the District Court vacated its January 7, 2002 and entered an amended Judgment and Order against the defendant for the sum of $300.00 plus attorneys' fees and costs, noting that the Judgment had already been satisfied. Per the amended Judgment and Order, all claims were dismissed with prejudice.

Note that our collection of documents for this case includes one titled "Stipulation for Settlement." It appears from the PACER docket that the parties did not execute that document and its terms were not made part of the settlement of the case.

Summary Authors

Dan Dalton (4/25/2007)

People

Judge(s)

Stewart, Brian Theadore (Utah)

Attorney for Plaintiff

Barnard, Brian M. (Utah)

Harris, James L. Jr. (Utah)

Attorney for Defendant

Mylar, Frank D. (Utah)

Judge(s)

Stewart, Brian Theadore (Utah)

Attorney for Plaintiff

Barnard, Brian M. (Utah)

Harris, James L. Jr. (Utah)

Attorney for Defendant

Mylar, Frank D. (Utah)

Documents in the Clearinghouse

Documents in this case

2:01-cv-00580	Docket (PACER)	April 23, 2002	April 23, 2002 Docket
1 2:01-cv-00580	Complaint	July 30, 2001	July 30, 2001 Complaint
2:01-cv-00580	Settlement Stipulation	Sept. 1, 2001	Sept. 1, 2001 Settlement Agreement
22 2:01-cv-00580	Judgment and Order	April 23, 2002	April 23, 2002 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

Last updated March 24, 2025, 8:15 a.m.

ECF Number	Date	Description	Link
1	July 30, 2001	Complaint filed, assigned to Judge Ted Stewart Receipt no.: 114963 (kvs) (Entered: 07/31/2001)	PACER
2	Aug. 1, 2001	Order of Reference pursuant to 636(b)(1)(A) signed by TS, 7/31/01. Mag directed to hear & determine any non- dispositive pretrial matters pending before the Court. cc:attys (Entered: 08/02/2001)	PACER
	Aug. 1, 2001	Case referred to magistrate under 28:636(b)(1)(A). (Entered: 08/02/2001)	PACER
3	Aug. 9, 2001	Case referred to Judge Ronald N. Boyce cc: atty (ce) (Entered: 08/09/2001)	PACER
4	Sept. 17, 2001	Affidavit of Raymond R. Hanson Re: Prison Legal News (Entered: 09/18/2001)	PACER
5	Sept. 24, 2001	Amended complaint by Prison Legal News. Amends [1-1] complaint. (Entered: 09/25/2001)	PACER
6	Oct. 10, 2001	Affidavit of Donald W. Miniken Re: as custodian of records of PLN (Entered: 10/11/2001)	PACER
7	Oct. 23, 2001	Answer by Millard Cnty, Ed Phillips, Penny Prows, Michael Winget to amended complaint (Entered: 10/24/2001)	PACER
8	Oct. 23, 2001	Certificate of service by Millard Cnty, Ed Phillips, Penny Prows, Michael Winget re: Rule 68 Offer of Judgment (Entered: 10/24/2001)	PACER
	Oct. 24, 2001	Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed or faxed to plaintiff Prison Legal News, defendant Millard Cnty, defendant Ed Phillips, defendant Penny Prows, defendant Michael Winget (Entered: 10/24/2001)	PACER
10	Oct. 30, 2001	Bill of costs from Prison Legal News in the amt of $150.00, court costs (Entered: 10/31/2001)	PACER
11	Nov. 13, 2001	Objections by Prison Legal News to proposed order (ksp) (Entered: 11/13/2001)	PACER
12	Jan. 2, 2002	Objections by Millard Cnty, Ed Phillips, Penny Prows, Michael Winget, Dekker to proposed order/jgm dated 12/26/01 (Entered: 01/03/2002)	PACER
13	Jan. 7, 2002	Judgment that all claims arising out of the pldgs against all dfts are dism w/prej based upon pla's accept of dfts' Rule 68 Offer of Jgm; all proposed monetary jgm amts, incl claims for attys fees and costs, have been fully satisfied, signed by TS, 1/7/02, cc: atty [EOD Date 1/7/02] (Entered: 01/07/2002)	PACER
	Jan. 7, 2002	CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (Entered: 01/07/2002)	PACER
	Jan. 7, 2002	Case closed per jgm no. 13 (Entered: 01/07/2002)	PACER
14	Jan. 9, 2002	Request for hrg filed by Prison Legal News re: [12-1] objection, [11-1] objection to the proposed final judgments (Entered: 01/09/2002)	PACER
15	Jan. 16, 2002	Motion by Prison Legal News to amend [13-1] judgment order (Entered: 01/17/2002)	PACER
16	Jan. 16, 2002	Memorandum by Prison Legal News in support of [15-1] motion to amend [13-1] judgment order (Entered: 01/17/2002)	PACER
17	Jan. 30, 2002	Memorandum by Millard Cnty, Ed Phillips, Penny Prows, Michael Winget, Dekker in opposition to [15-1] motion to amend [13-1] judgment order (Entered: 01/30/2002)	PACER
18	Feb. 6, 2002	Notice of Hearing filed : Motion hearing set for 3:00 3/20/02 for [15-1] motion to amend [13-1] judgment order To be held before Judge TS cc:atty ( Ntc generated by: Chambers TS case mgr) (Entered: 02/06/2002)	PACER
19	March 14, 2002	AMENDED Notice of Hearing filed: Motion hearing re-set for 10:00 4/17/02 for [15-1] motion to amend [13-1] judgment order To be held before Judge TS cc:atty ( Ntc generated by: Mgr) (Entered: 03/14/2002)	PACER
20	April 12, 2002	AMENDED Notice of Hearing filed : Motion hearing re-set for 1:00 4/23/02 for [15-1] motion to amend [13-1] judgment order To be held before Judge Ted Stewart cc:atty ( Ntc generated by: SM, Courtroom deputy) (ksp) (Entered: 04/12/2002)	PACER
21	April 22, 2002	AMENDED Notice of Hearing filed : Motion hearing reset for 11:00 4/23/02 for [15-1] motion to amend [13-1] judgment order To be held before Judge TS cc:atty ( Ntc generated by: TS's crtrm dep) (tsh) (Entered: 04/22/2002)	PACER

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Case Details

State / Territory:

Utah

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 30, 2001

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Washington non-profit corporation that publishes and distributes nation-wide a monthly magazine known as Prison Legal News

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Millard County Jail

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

District of Utah 2:01-cv-00580

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Confession of Judgment

Issues

General/Misc.:

Mail

Affected Sex/Gender(s):

Male

Recommended Citation

Case Summary of Prison Legal News v. Millard County, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9501/ (last updated 4/25/2007).