Case: Waterman v. McGuire

5:03-cv-03415 | U.S. District Court for the District of Kansas

Filed Date: Oct. 22, 2003

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On October 22, 2003, plaintiff, a military prisoner incarcerated at the United States Disciplinary Barracks (USDB), Fort Leavenworth, Kansas, filed a pro se complaint in the U.S. District Court for the District of Kansas, challenging the USDB's publication policy allowing mail room personnel to reject incoming mail containing photocopies of publications or materials not coming directly from a publisher or commercial vendor, as applied to him. Plaintiff further alleged that defendants' applic…

On October 22, 2003, plaintiff, a military prisoner incarcerated at the United States Disciplinary Barracks (USDB), Fort Leavenworth, Kansas, filed a pro se complaint in the U.S. District Court for the District of Kansas, challenging the USDB's publication policy allowing mail room personnel to reject incoming mail containing photocopies of publications or materials not coming directly from a publisher or commercial vendor, as applied to him. Plaintiff further alleged that defendants' application of the USDB publication policy to deny him one edition of Prison Legal News violated his First Amendment rights.

The parties filed cross-motions for summary judgment.

On July 24, 2004, the District Court (District Judge Carlos Murguia) entered a Memorandum and Order which granted in part defendants' motion for summary judgment. The Court ruled that USDB Regulation 28-1, banning non-original source material, did not violate plaintiff's constitutional rights. The Court granted plaintiff's cross-motion for summary judgment in part. Defendants had contended that the publication Prison Legal News, Volume 15 contained an advertisement encouraging prisoners to trade their unused stamps for currency, which was a violation of USDB institutional regulation which banned material that "encourages or instructs in the commission of criminal activity or institutional violations." The Court rejected defendants' argument and enjoined defendants from denying plaintiff access to Prison Legal News, Volume 15.

Plaintiff appealed, but his appeal was ultimately dismissed by the Tenth Circuit Court of Appeals for lack of prosecution.

Summary Authors

Dan Dalton (5/17/2007)

People


Judge(s)

Murguia, Carlos (Kansas)

Attorney for Defendant

DeArmond, Connie R. (Kansas)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

5:03-cv-03415

Docket (PACER)

July 15, 2005

July 15, 2005

Docket
1

5:03-cv-03415

Civil Rights Complaint

Oct. 22, 2003

Oct. 22, 2003

Complaint
31

5:03-cv-03415

Memorandum and Order

July 20, 2004

July 20, 2004

Order/Opinion

337 F.Supp.2d 1237

33

5:03-cv-03415

Judgment in a Civil Case

July 26, 2004

July 26, 2004

Order/Opinion

Docket

Last updated March 27, 2025, 8:12 a.m.

ECF Number Date Description Link
2 Oct. 22, 2003

MOTION for Leave to Proceed in forma pauperis by Plaintiff Craig E Waterman (Attachments: #(1) Inmate Personal Deposit Fund)(smnd) (Entered: 10/24/2003)

PACER
3 Nov. 5, 2003

ORDER ENTERED: Within thirty (30) days, plaintiff shall submit an initial partial filing fee of $5.00. Objections to this order must be filed on or before the date payment is due. Failure to pay the fees as required herein may result in dismissal of this action without prejudice. Signed by Senior Judge G. Thomas VanBebber on 11/05/03. (smnd) (Entered: 11/05/2003)

PACER
Nov. 19, 2003

PARTIAL FILING fee paid on 11/19/03. Receipt number 047229, in the amount of $ 5.00. (sal) (Entered: 11/19/2003)

PACER
4 Dec. 23, 2003

ORDER ENTERED: Plaintiff's motion 2 for leave to proceed in forma pauperis is granted. Collection action shall continue until plaintiff satisfies the $150.00 filing fee. The clerk of the court shall issue appropriate summons pursuant to Rule 4(d) of the Federal Rules of Civil Procedure. Signed by Senior Judge G. Thomas VanBebber on 12/23/03. (smnd) (Entered: 12/23/2003)

PACER
5 Dec. 23, 2003

MINUTE ORDER REASSIGNING CASE: Case reassigned to Judge Carlos Murguia for all further proceedings. Judge G. Thomas VanBebber no longer assigned to case. Signed by Deputy Clerk on 12/23/03. (smnd) (Entered: 12/23/2003)

PACER
Jan. 5, 2004

Summons Issued as to Defendants Colleen L McGuire, Karen Skaggs, Judy Williams, U.S. Attorney and U.S. Attorney General (smnd) (Entered: 01/05/2004)

PACER
6 Jan. 8, 2004

MOTION for extension of time to file traverse by Plaintiff Craig E Waterman (smnd) (Entered: 01/08/2004)

PACER
7 Jan. 15, 2004

Summons Returned Executed by personal service upon United States Attorney by serving Brandi Williams, Administrative Clerk, on 01/13/04 (smnd) (Entered: 01/15/2004)

PACER
8 Jan. 21, 2004

Summons Returned Unexecuted as to Defendant Colleen L McGuire (smnd) (Entered: 01/22/2004)

PACER
9 Jan. 21, 2004

Summons Returned Unexecuted as to Defendant Karen Skaggs (smnd) (Entered: 01/22/2004)

PACER
10 Jan. 21, 2004

Summons Returned Unexecuted as to Defendant Judy Williams (smnd) (Entered: 01/22/2004)

PACER
11 Jan. 26, 2004

MINUTE ORDER STRIKING re 6 MOTION for extension of time. Document filed in wrong case. Counsel directed to take no action. Motions terminated: 6 MOTION for extension of time. Signed by Deputy Clerk on 01/26/04. (smnd) (Entered: 01/26/2004)

PACER
12 Jan. 28, 2004

Summons Returned Executed by certified mail upon United States Attorney General (smnd) (Entered: 01/28/2004)

PACER
13 Feb. 17, 2004

NOTICE regarding address for service of summons upon defendants by Craig E Waterman (smnd) (Entered: 02/18/2004)

PACER
14 Feb. 24, 2004

MOTION to Supplement by Plaintiff Craig E Waterman (Attachments: # (1) Prison Legal News)(smnd) (Entered: 02/25/2004)

PACER
15 Feb. 27, 2004

ORDER ENTERED: Plaintiff's motion 14 to supplement is granted. The clerk of the court shall reissue summons to defendants McGuire, Skaggs and Williams pursuant to Rule 4 of the Federal Rules of Civil Procedure, to be served by a United States Marshal or a Deputy Marshal, at no cost to plaintiff absent a finding by the court that plaintiff is able to pay such costs. Signed by Judge Carlos Murguia on 02/26/04. (smnd) (Entered: 02/27/2004)

PACER
March 1, 2004

Alias Summons Issued as to Defendants Colleen L McGuire, Karen Skaggs and Judy Williams (smnd) (Entered: 03/01/2004)

PACER
16 March 4, 2004

MOTION for Extension of Time to File Answer re 1 Complaint by Defendants Colleen L McGuire, Karen Skaggs, Judy Williams (DeArmond, Connie) (Entered: 03/04/2004)

PACER
17 March 5, 2004

Alias Summons Returned Executed by certified mail upon Defendant Colleen L McGuire; served on 3/3/2004, answer due 5/3/2004 (smnd) (Entered: 03/08/2004)

PACER
18 March 5, 2004

Alias Summons Returned Executed by certified mail upon Defendant Karen Skaggs; served on 3/3/2004, answer due 5/3/2004 (smnd) (Entered: 03/08/2004)

PACER
19 March 5, 2004

Alias Summons Returned Executed by certified mail upon Defendant Judy Williams; served on 3/3/2004, answer due 5/3/2004 (smnd) (Entered: 03/08/2004)

PACER
20 March 19, 2004

ORDER granting 16 Motion for Extension of Time to Answer re 1 Complaint; Answer deadline is extended to 4/12/04. Signed by Judge Carlos Murguia on 3/18/04. (ck) (Entered: 03/19/2004)

PACER
21 March 19, 2004

RESPONSE by Plaintiff Craig E Waterman re 16 MOTION for Extension of Time to File Answer re 1 Complaint (smnd) (Entered: 03/22/2004)

PACER
22 April 12, 2004

MOTION for Summary Judgment by Defendants Colleen L McGuire, Karen Skaggs, Judy Williams (DeArmond, Connie) (Entered: 04/12/2004)

PACER
23 April 12, 2004

MEMORANDUM IN SUPPORT of 22 MOTION for Summary Judgment by Defendants Colleen L McGuire, Karen Skaggs, Judy Williams (Attachments: # 1 Declaration of LTC Peter J. Grande# 2 Declaration of Karen Skaggs# 3 USDB Reg. 28-1)(DeArmond, Connie) (Entered: 04/12/2004)

PACER
April 29, 2004

PARTIAL FILING fee paid on 4/29/04. Receipt number 047755, in the amount of $8.00. (sal) (Entered: 04/29/2004)

PACER
24 May 3, 2004

MOTION for Extension of Time to file response as to 22 MOTION for Summary Judgment by Plaintiff Craig E Waterman (smnd) (Entered: 05/03/2004)

PACER
25 May 6, 2004

ORDER granting 24 Motion for Extension of Time to File Response/Reply re 22 MOTION for Summary Judgment. Response deadline 6/1/2004. Signed by Judge Carlos Murguia on 05/06/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jc) (Entered: 05/06/2004)

PACER
26 May 20, 2004

ORDER REFERRING CASE to Magistrate Judge David J. Waxse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry)(jc) (Entered: 05/20/2004)

PACER
27 June 2, 2004

CROSS-MOTION for Summary Judgment by Plaintiff Craig E Waterman (Attachments: #(1) Enclosure I; #(2) Exhibit A; #(3) Exhibit B; #(4) Exhibit C; #(5) Exhibit D; #(6) Exhibit E; #(7) Exhibit F)(smnd) (Entered: 06/02/2004)

PACER
28 June 2, 2004

RESPONSE by Plaintiff Craig E Waterman re 22 MOTION for Summary Judgment (Attachments: #(1) Enclosure I; #(2) Exhibit A; #(3) Exhibit B; #(4) Exhibit C; #(5) Exhibit D; #(6) Exhibit E; #(7) Exhibit F) (smnd) (Entered: 06/02/2004)

PACER
29 June 24, 2004

REPLY to Response to Motion by Defendants Colleen L McGuire, Karen Skaggs, Judy Williams re: 27 MOTION for Summary Judgment (DeArmond, Connie) (Entered: 06/24/2004)

PACER
30 July 12, 2004

NOTICE of Change of Address by Department of the Army for Craig E Waterman, #14121-045, now at FCI-Ray Brook, P.O. Box 300, Ray Brook, New York 12977 (smnd) (Entered: 07/12/2004)

PACER
31 July 20, 2004

MEMORANDUM AND ORDER granting in part and denying in part 22 Motion for Summary Judgment and granting in part and denying in part 27 Cross Motion for Summary Judgment . Signed by Judge Carlos Murguia on 7/20/04. (ck) (Entered: 07/20/2004)

PACER
32 July 20, 2004

DOCKET ANNOTATION: 31 Order on Motion for Summary Judgment sent by regular and certified mail to Craig E. Waterman: 7002 2030 0000 9349 6768. (ck) (Entered: 07/20/2004)

PACER
33 July 26, 2004

JUDGMENT regarding Memorandum and Order of 7/20/04 regarding Motions for Summary Judgment. Defendants' motion for summary judgment is granted in part. Plaintiff's cross-motion for summary judgment is granted in part. Signed by deputy clerk on 7/23/04. (km) (Entered: 07/27/2004)

PACER
34 Sept. 8, 2004

NOTICE of Change of Address by Craig E Waterman, #14121-045, now at USP-Lewisburg, P.O. Box 1000, Lewisburg, Pennsylvania 17837-1000 (smnd) (Entered: 09/08/2004)

PACER
35 Sept. 8, 2004

NOTICE OF APPEAL as to 31 Order and 33 Judgment by Plaintiff Craig E Waterman (smnd) (Entered: 09/15/2004)

PACER
Sept. 8, 2004

APPEAL FEE STATUS: filing fee PENDING re Notice of Appeal - Final Judgment 35 on behalf of Plaintiff Craig E Waterman (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (smnd) (Entered: 09/15/2004)

PACER
36 Sept. 15, 2004

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 35 Notice of Appeal - Final Judgment (smnd) (Entered: 09/15/2004)

PACER
37 Sept. 20, 2004

RECEIPT FROM 10CCA of Preliminary Record on Appeal re 35 Notice of Appeal - Final Judgment (Appeal No. 04-3349) (smnd) (Entered: 09/20/2004)

PACER
38 Sept. 20, 2004

APPEAL DOCKETED in 10CCA on 09/17/04 and assigned Appeal No. 04-3349 re 35 Notice of Appeal - Final Judgment filed by Craig E Waterman (smnd) (Entered: 09/20/2004)

PACER
39 Dec. 17, 2004

RECORD ON APPEAL transmitted to 10CCA re 35 Notice of Appeal - Final Judgment (Appeal No. 04-3349) (smnd) (Entered: 12/17/2004)

PACER
40 Dec. 29, 2004

RECEIPT FROM 10CCA of Record on Appeal re 35 Notice of Appeal - Final Judgment (Appeal No. 04-3349) (smnd) (Entered: 12/29/2004)

PACER
41 April 6, 2005

APPEAL MANDATE from 10CCA dismissing Notice of Appeal - Final Judgment 35 filed by Craig E Waterman for lack of prosecution pursuant to 10th Cir. R. 42.1(smnd) (Entered: 04/06/2005)

PACER
July 15, 2005

ORIGINAL FILE RETURNED from 10CCA re 35 Notice of Appeal - Final Judgment (Appeal No. 04-3349), One File and One Expandable (sal) (Entered: 07/15/2005)

PACER

Case Details

State / Territory:

Kansas

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 22, 2003

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Military prisoner alleging that United States Disciplinary Barracks’ publication policy allowing mail room personnel to reject incoming mail containing photocopies of publications not coming directly from publisher violate his constitutional rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Defense

United States Disciplinary Barracks, Ft. Leavenworth

Facility Type(s):

Government-run

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

District of Kansas 5:03-cv-03415

Available Documents:

Any published opinion

Complaint (any)

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