Case: Crofton v. Spaulding

2:94-cv-00208 | U.S. District Court for the Eastern District of Washington

Filed Date: June 13, 1994

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On October 11, 1995, Clayton Crofton, a Washington state inmate brought a pro se civil rights action in the U.S. District Court for the Eastern District of Washington, challenging a Washington State Penitentiary (WSP) regulation that prohibited receipt by a prisoner of gift magazine subscriptions. The inmate sought injunctive relief and monetary damages.

On May 14, 1996, the District Court (Magistrate Judge Cynthia Imbrogno) issued an order and judgment granting in part plaintiff's claim for injunctive relief, permanently enjoining the WSP from rejecting gift magazine subscriptions mailed to inmates, so long as the content of the magazines otherwise complied with WSP regulations. Judgment was entered in favor of the defendants on plaintiff's remaining claims.

Plaintiff Crofton filed a similar lawsuit in 1995, styled Crofton v. Roe. (See PC-WA-5).

Summary Authors

Dan Dalton (4/25/2007)

Related Cases

Crofton v. Roe, Eastern District of Washington (1995)

People


Judge(s)

Imbrogno, Cynthia (Washington)

Attorney for Defendant

Nerup, Penelope (Washington)

Documents in the Clearinghouse

Documents in this case

2:94-cv-00208

Docket (PACER)

Aug. 28, 1997

Aug. 28, 1997

Docket
68

2:94-cv-00208

Order Granting In Part Plaintiff's Claim For Injunctive Relief And Granting Judgment For Defendants On Remaining Claims

May 14, 1996

May 14, 1996

Order/Opinion
69

2:94-cv-00208

Judgment in a Civil Case

May 14, 1996

May 14, 1996

Order/Opinion

Docket

Last updated March 24, 2025, 8:03 a.m.

ECF Number Date Description Link
June 13, 1994

COMPLAINT Fee-status: ifp Receipt #: wv (FmrEmp) (Entered: 06/13/1994)

PACER
June 22, 1994

Law Clerk assigned to case is DS (CR) (Entered: 06/22/1994)

PACER
1 July 11, 1994

COMPLAINT (Summons(es) issued) Fee-status: ifp Receipt #: wv (FmrEmp) (Entered: 07/11/1994)

PACER
2 July 11, 1994

ORDER TO PROCEED IN FORMA PAUPERIS AND ORDER OF SERVICE by Judge Fred L. Van Sickle (Clerk to file cmp w/o pmyt of filing fee; Clerk to mail cc: #1 #2 pltf AG; USM to serve dfts); response due 8/25/94 (FmrEmp) (Entered: 07/11/1994)

PACER
3 July 21, 1994

ATTORNEY APPEARANCE for defendant; Atty Penelope S Nerup appearing (FmrEmp) (Entered: 07/21/1994)

PACER
4 July 28, 1994

SUMMONS/RETURN OF SERVICE executed upon defendant Ron Van Boening, defendant Dennis Potts, defendant Tom Rolfs, defendant Tana Wood, defendant James Spaulding (FmrEmp) (Entered: 07/29/1994)

PACER
5 Aug. 3, 1994

ANSWER by defendant; demand for jury trial (FmrEmp) (Entered: 08/03/1994)

PACER
6 Sept. 19, 1994

Status Report filed by plaintiff (FmrEmp) (Entered: 09/19/1994)

PACER
7 Sept. 19, 1994

MOTION by plaintiff to strike telephonic argument 9/29/94 @ 8:30 A.M. Spokane, WA (With Status conference) (FmrEmp) (Entered: 09/19/1994)

PACER
8 Sept. 19, 1994

Affidavit of service by mailing by defendant of: Plaintiff's first interrogatories (FmrEmp) (Entered: 09/19/1994)

PACER
9 Sept. 22, 1994

Status Report filed by defendant (FmrEmp) (Entered: 09/22/1994)

PACER
10 Sept. 29, 1994

Scheduling Conference Order by Judge Fred L. Van Sickle (It is ordered that the discovery to be complete 1/31/95; dispositive mtns to be filed by 2/15/95; this matter shall be scheduled for trial after dispositive mtns are resolved; the parties shall file NO FURTHER discovery; there shall be NO FURTHER joinder of parties; this matter shall NOT be consolidated with CS-92-415-FVS) (cc: all counsel) (FmrEmp) (Entered: 09/29/1994)

PACER
Sept. 29, 1994

SCHEDULING CONFERENCE HELD Hrg Location: (S/FVS); no court reporter (FmrEmp) (Entered: 09/30/1994)

PACER
11 Oct. 11, 1994

MOTION by plaintiff for anti-harrassment protective order under RCW 10.14 and for order directing appearance of WSP Officials via telephone to show cause (FmrEmp) (Entered: 10/11/1994)

PACER
12 Oct. 12, 1994

First MOTION by plaintiff to compel discovery under 37(A) (FmrEmp) (Entered: 10/12/1994)

PACER
13 Jan. 9, 1995

ORDER Denying Plaintiff's Motion For Protective Order And Granting Motion To Compel Discovery by Judge Fred L. Van Sickle (It is ordered that the motion to compel discovery under 37(A) is GRANTED [12-1] to the extent indicated in the Order; the motion for anti-harrassment protective order under RCW 10.14 is DENIED [11-1]; the parties shall conduct discovery in good faith; and clerk is directed to send copy of #12 to defense counsel) (cc: all counsel) (FmrEmp) (Entered: 01/09/1995)

PACER
14 Feb. 14, 1995

MOTION by defendant for extension of dispositive motion deadline (FmrEmp) (Entered: 02/14/1995)

PACER
15 Feb. 14, 1995

Affidavit of Penelope S. Nerup (FmrEmp) (Entered: 02/14/1995)

PACER
16 Feb. 14, 1995

MOTION by defendant for expedited hearing (FmrEmp) (Entered: 02/14/1995)

PACER
17 Feb. 14, 1995

Notice by defendant of hearing (setting motion for extension of dispositive motion deadline [14-1]) (w/o oral argument 4:30 3/17/95) (FmrEmp) (Entered: 02/14/1995)

PACER
18 Feb. 14, 1995

Affidavit of service by mailing by defendant of: #14 - #17 & 2 proposed orders (FmrEmp) (Entered: 02/14/1995)

PACER
Feb. 14, 1995

Proposed Order granting motion for expedited hearing [16-1] submitted by defendant (FmrEmp) (Entered: 02/14/1995)

PACER
Feb. 14, 1995

Proposed Order granting motion for extension of dispositive motion deadline [14-1] submitted by defendant (FmrEmp) (Entered: 02/14/1995)

PACER
19 Feb. 16, 1995

ORDER Granting Extension Of Time And Advising Plaintiff Regarding Summary Judgment by Judge Fred L. Van Sickle (It is ordered that the motion for extension of dispositive motion deadline is GRANTED [14-1] pla mtn ddl reset for 3/15/95; dft disp mtn ddl reset for 3/15/95; responsive pleadings are to be filed by 3/27/95; Case mgmt ddl set re responsive memorandum; any reply memoranda shall be filed by 4/3/95; Dispositive mtn hrg reset without oral argument for 4/10/95 ; plaintiff is advised re summary judgment) (cc: pltf & all counsel) (FmrEmp) (Entered: 02/16/1995)

PACER
20 Feb. 23, 1995

Affidavit of personal service by defendant of: #14 - #19 (FmrEmp) (Entered: 02/23/1995)

PACER
June 22, 1995

Status Conference Notice ; scheduling conference set 9:00 7/21/95 Spokane, WA (CR) (Entered: 06/22/1995)

PACER
21 July 13, 1995

Status Report filed by plaintiff (FmrEmp) (Entered: 07/13/1995)

PACER
July 21, 1995

MINUTES: Telephonic Status Conference before Magistrate Judge Cynthia Imbrogno (LS) (Entered: 07/21/1995)

PACER
23 July 25, 1995

ORDER Of Reference To Federal Judicial Mediator, SCHEDULING ORDER, And ORDER Advising Plaintiff Of Summary Judgment Requirements by Magistrate Judge Cynthia Imbrogno Disp mtn ddl: 12/29/95; Mtn in limine ddl: 2/5/96 ;discovery to be complete 11/30/95 ;pretrial conference 2:30 2/22/96 Spokane, WA ;Jury Trial set 9:00 3/11/96 Spokane, WA ; the case is referred to Federal Judicial Mediator, Frank Hayes Johnson, for evaluation and mediation; all activity is STAYED for up to 30 days; Mr. Johnson shall report to the court results of the mediation; case mgmt ddl set 8/25/95 (cc:all counsel) (PW) (Entered: 07/25/1995)

PACER
24 Sept. 18, 1995

MOTION by plaintiff for return of files and transcript of phone calls (PW) (Entered: 09/25/1995)

PACER
25 Sept. 25, 1995

ORDER Extending Stay And Renoting Plaintiff's Motion For Hearing by Magistrate Judge Cynthia Imbrogno plaintiff's motion # 24 is renoted for 11/20/95 w/o oral argument; stay is extended an additional 60 days (cc: all counsel) (PW) (Entered: 09/25/1995)

PACER
26 Nov. 20, 1995

Supplemental motion pleadings by plaintiff re motion for return of files and transcript of phone calls [24-1] (PW) (Entered: 11/20/1995)

PACER
27 Dec. 5, 1995

MOTION by plaintiff for entry of default as to James Spaulding, Tom Rolfs, Tana Wood, Ron Van Boening, Dennis Potts (PW) (Entered: 12/05/1995)

PACER
28 Jan. 3, 1996

ORDER Denying Plaintiff's Motions And Directing Defendant To File Affidavit Regarding Access To Legal Papers by Magistrate Judge Cynthia Imbrogno continuing motion for return of files and transcript of phone calls and renoting for hearing w/o oral argument 01/31/96; Defts shall provide to court an affidavit regarding Pltf's access to his legal papers to be filed by 01/16/96 [24-1] (cc: all counsel) (PW) (Entered: 01/03/1996)

PACER
29 Jan. 9, 1996

OBJECTION And MOTION for summary ruling on motion for 37 sanctions by plaintiff (PW) (Entered: 01/09/1996)

PACER
Feb. 22, 1996

PRETRIAL CONFERENCE HELD Hrg Location: S/CI; no court reporter (PW) (Entered: 02/29/1996)

PACER
30 Feb. 23, 1996

ORDER To Transport Plaintiff For Trial by Magistrate Judge Cynthia Imbrogno for transportation to Spokane Co Jail on or before 3/11/96 & have Mr. Crofton available for trial 9:00 a.m., 3/11/96 (cc: all counsel) (PW) (Entered: 02/26/1996)

PACER
31 Feb. 23, 1996

NOTICE of Attorney Withdrawal and substitution of counsel (PW) Modified on 03/04/1996 (Entered: 03/04/1996)

PACER
33 Feb. 23, 1996

Memorandum by defendants in support of motion for summary judgment [32-1] (PW) (Entered: 03/04/1996)

PACER
34 Feb. 23, 1996

Affidavit of Penelope S Nerup regarding motion for summary judgment (PW) (Entered: 03/04/1996)

PACER
35 Feb. 23, 1996

Statement of facts by defendant in support of motion for summary judgment [32-1] (PW) (Entered: 03/04/1996)

PACER
36 Feb. 23, 1996

Notice by defendant of hearing setting motion for summary judgment [32-1] (PW) (Entered: 03/04/1996)

PACER
38 Feb. 23, 1996

MOTION by defendant to expedite hearing (PW) (Entered: 03/04/1996)

PACER
39 Feb. 23, 1996

Notice by defendant of hearing setting motion to expedite hearing [38-1] (PW) (Entered: 03/04/1996)

PACER
40 Feb. 23, 1996

Proof of service by defendants of: # 31 - 39 (PW) (Entered: 03/04/1996)

PACER
41 Feb. 27, 1996

ORDER Denying Plaintiff's Motions And Memorializing The Court's Rulings Of The Pretrial Conference by Magistrate Judge Cynthia Imbrogno denying motion [29-1], denying motion for entry of default as to defendants, [27-1], denying motion for return of files and transcript of phone calls [24-1] ; jury trial waived, non jury trial set 9:00 3/11/96 Spokane, WA (cc: all counsel) (PW) Modified on 03/04/1996 (Entered: 02/28/1996)

PACER
37 March 4, 1996

MOTION by defendant to exceed page limitation (PW) Modified on 03/04/1996 (Entered: 03/04/1996)

PACER
43 March 4, 1996

Proof of service by defendants of: # 42 (PW) (Entered: 03/05/1996)

PACER
42 March 5, 1996

Defendants' proposed findings of fact and conclusions of law (cc: all counsel) (PW) Modified on 03/05/1996 (Entered: 03/05/1996)

PACER
44 March 5, 1996

Notice by plaintiff (re proposed findings requested by court) (PW) (Entered: 03/05/1996)

PACER
45 March 6, 1996

Proof of service by defendants of: Rule 68 offer of judgment (PW) (Entered: 03/06/1996)

PACER
46 March 6, 1996

Proof of service by defendants of: # 45 (PW) (Entered: 03/06/1996)

PACER
47 March 11, 1996

Exhibit list by plaintiff (LS) (Entered: 03/13/1996)

PACER
48 March 11, 1996

Trial brief submitted by plaintiff (LS) (Entered: 03/13/1996)

PACER
49 March 11, 1996

Affidavit of Kristy Walters (supporting oral motion of defense counsel for dismissal of defendant Spaulding) (LS) (Entered: 03/13/1996)

PACER
53 March 11, 1996

Exhibit list from Trial (LS) (Entered: 03/13/1996)

PACER
March 11, 1996

MINUTES: Bench Trial before Magistrate Judge Cynthia Imbrogno: Trial Began 9:00 3/11/96 ; Hearing Location: [Spokane, WA]; Topper Baker court reporter (LS) (Entered: 03/13/1996)

PACER
50 March 13, 1996

MOTION by plaintiff for record and or to continue (PW) (Entered: 03/13/1996)

PACER
51 March 13, 1996

MOTION by plaintiff to expedite hearing (PW) (Entered: 03/13/1996)

PACER
54 March 14, 1996

ORDER Denying Motion For Transcript And Granting Motion For Continuance by Magistrate Judge Cynthia Imbrogno granting motion to expedite hearing [51-1] denying motion for record and granting motion for continuance until 4/1/96 [50-1] (cc: all counsel) (PW) (Entered: 03/14/1996)

PACER
55 March 20, 1996

Response by defendants to motion for record and/or continuance (PW) (Entered: 03/20/1996)

PACER
56 March 20, 1996

Proof of service by defendants of: # 55 (PW) (Entered: 03/20/1996)

PACER
57 March 21, 1996

Transcript filed (non jury trial proceedings - March 11, 1996 S/CI) (PW) (Entered: 03/21/1996)

PACER
58 April 3, 1996

MOTION by plaintiff for investigation (PW) (Entered: 04/04/1996)

PACER
59 April 4, 1996

Declaration by plaintiff regarding harassment [58-1] (PW) (Entered: 04/04/1996)

PACER
60 April 4, 1996

Proof of service by plaintiff of: # 58 & 59 (PW) (Entered: 04/04/1996)

PACER
61 April 5, 1996

MOTION by plaintiff regarding mailing of exhibits (PW) (Entered: 04/05/1996)

PACER
62 April 12, 1996

Proof of service by plaintiff of: attached Exhibits 154 - 172 (PW) (Entered: 04/12/1996)

PACER
63 April 22, 1996

Objections by defendants to the admission of exhibits [53-1] (PW) (Entered: 04/23/1996)

PACER
64 April 22, 1996

Closing Argument by defendants (PW) (Entered: 04/23/1996)

PACER
65 April 22, 1996

Proof of service by defendants of: # 63 & 64 (PW) (Entered: 04/23/1996)

PACER
April 22, 1996

End file # 2 (PW) (Entered: 05/30/1996)

PACER
66 May 2, 1996

Declaration by plaintiff Clayton Crofton In Support Of Antiharassment Motion (ECH) (Entered: 05/02/1996)

PACER
67 May 2, 1996

Plaintiff's Closing Reply (ECH) (Entered: 05/02/1996)

PACER
68 May 14, 1996

ORDER Granting In Part Plaintiff's Claim For Injunctive Relief And Granting Judgment For Defendants On Remaining Claims by Magistrate Judge Cynthia Imbrogno terminating case COB-143-66 (cc: all counsel) (PW) (Entered: 05/15/1996)

PACER
69 May 14, 1996

JUDGMENT:, (cc: all counsel) COB: 143-67 (PW) (Entered: 05/15/1996)

PACER
71 May 29, 1996

Memorandum by defendant in support of motion to amend judgment [70- 1] (PW) (Entered: 05/30/1996)

PACER
72 May 29, 1996

Notice by defendant of hearing setting motion to amend judgment [70-1] (w/o oral argument 6/17/96 ) (PW) (Entered: 05/30/1996)

PACER
73 May 29, 1996

Proof of service by defendants of: # 70 - 72 (PW) (Entered: 05/30/1996)

PACER
74 May 30, 1996

Objections by plaintiff to May 14th order [68-2] (PW) (Entered: 05/30/1996)

PACER
75 May 31, 1996

Notice of appeal by plaintiff Clayton Crofton from Dist. Court decision [69-1] (cc: all counsel and 9CCA) (SW) (Entered: 05/31/1996)

PACER
76 May 31, 1996

Copy 9CCA Docket Fee Payment Notification form. Original Fee Payment form, case information sheet and copy of docket entries forwarded to 9CCA. (SW) (Entered: 05/31/1996)

PACER
77 June 4, 1996

MOTION by plaintiff to strike defendants' motion , and impose rule 11 sanctions (PW) (Entered: 06/04/1996)

PACER
78 June 4, 1996

Proof of service by plaintiff of: # 77 (PW) (Entered: 06/04/1996)

PACER
79 June 20, 1996

ORDER Denying Motions To Amend Judgment And To Impose Sanctions by Magistrate Judge Cynthia Imbrogno denying motion to strike defendants' motion [77-1], denying motion impose rule 11 sanctions [77-2] denying motion to amend judgment [70-1] (cc: all counsel) (PW) (Entered: 06/20/1996)

PACER
80 June 24, 1996

TRANSCRIPT DESIGNATION ORDER Date appl filed: 5/31/96 CR: Topper Baker (CCA: 96-35600) Type of Proceeding: Pretrial Conference, Bench Trial Date: 2/22/96, 3/11/96 by Clayton Crofton cc:9cca (VR) (Entered: 06/24/1996)

PACER
81 June 24, 1996

MOTION by plaintiff Clayton Crofton to borrow portions of record (VR) (Entered: 06/24/1996)

PACER
82 June 24, 1996

COPY of 9CCA Order (CCA: 96-35600) (This appeal is taken in good faith by Magistrate Judge Imbrogno) (VR) (Entered: 06/24/1996)

PACER
83 June 25, 1996

COPY of 9CCA Time Schedule Order (CCA: 96-35600) (Transcript designation 7/1/96; Reporter transcript 7/31/96; Opening brief 9/16/96; Appellee's brief 10/16/96;) (VR) (Entered: 06/25/1996)

PACER
84 June 27, 1996

ORDER by Magistrate Judge Cynthia Imbrogno granting request for transcript [81-1] (cc: all counsel & Topper Baker - Court Reporter) (VR) (Entered: 06/27/1996)

PACER
85 Aug. 5, 1996

COPY of 9CCA Order (Appeal No. 96-35600): W/i 21 days of this order, appellant shall pay initial filing fee of $3.00 or show cause why he is unable to pay fee. Failure to comply w/order shall result in automatice dismissal of appeal. If appellant pays initial filing fee, Clerk shall establish revised briefing schedule and prison officials shall be notified of obligation to collect remainder of $105.00 docketing fee on monthly basis until entire fee is paid. (SW) (Entered: 08/05/1996)

PACER
86 Aug. 8, 1996

Copy 9CCA certificate of record - Original forwarded to 9CCA (CCA: 96-35600) (VR) (Entered: 08/08/1996)

PACER
Jan. 17, 1997

Notification by Circuit Court of Appellate Docket Number [75-1] 9CCA Number: 96-35600 Date appeal filed: 5/31/96 (FmrEmp) (Entered: 01/17/1997)

PACER
87 Jan. 27, 1997

Application by plaintiff for scheduling order Calendar Note: 2/10/97 (LAM) (Entered: 01/27/1997)

PACER
88 Jan. 27, 1997

MOTION by plaintiff for contempt of court sanctions (COPY)(LAM) Modified on 01/27/1997 (Entered: 01/27/1997)

PACER
89 Jan. 27, 1997

Statement of material facts in support of sum. judg. by plaintiff (COPY) (LAM) Modified on 01/27/1997 (Entered: 01/27/1997)

PACER
90 Feb. 7, 1997

Application by plaintiff for discovery (LS) (Entered: 02/07/1997)

PACER
91 Feb. 18, 1997

Response by defendant to motion for contempt of court sanctions [88-1] (LS) (Entered: 02/19/1997)

PACER
92 Feb. 19, 1997

Response by defendant to application motion for discovery [90-1] (LS) (Entered: 02/20/1997)

PACER
93 March 21, 1997

Supplemental Response by defendant to motion for contempt of court sanctions [88-1] (LS) (Entered: 03/21/1997)

PACER

Case Details

State / Territory:

Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 13, 1994

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison inmate whose claim involves the rejection of his gift magazine subscriptions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Washington State Penitentiary

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Eastern District of Washington 2:94-cv-00208

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Mail

Recommended Citation