Case: Prison Legal News v. Lehman

2:01-cv-01911 | U.S. District Court for the Western District of Washington

Filed Date: Nov. 27, 2001

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On November 27, 2001, Prison Legal News (PLN) and Rollin A. Wright filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Western District of Washington. PLN claimed that the Washington Department of Corrections (DOC) violated its First and Fourteenth Amendment rights through its mail policy. PLN was a Washington non-profit corporation that published materials of interest to inmates. The DOC prohibited the receipt by inmates of non-subscription bulk mail and cata…

On November 27, 2001, Prison Legal News (PLN) and Rollin A. Wright filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Western District of Washington. PLN claimed that the Washington Department of Corrections (DOC) violated its First and Fourteenth Amendment rights through its mail policy. PLN was a Washington non-profit corporation that published materials of interest to inmates. The DOC prohibited the receipt by inmates of non-subscription bulk mail and catalogs and did not provide notice to inmates when this type of mail was rejected for delivery. The DOC also had a policy related to third-party legal materials, requiring them to consist of judicial opinions or other official court documents and requiring they be stamped "approved third-party legal materials" by correctional staff. In order to receive this stamp, materials needed to comply with a policy prohibiting any information that could create a risk of "violence and/or physical harm."

This was the fourth case since 1996 brought by PLN against the DOC. The previous cases are Miniken v. Walter, 978 F.Supp. 1356 (E.D. Wash. 1997) (PC-WA-011), MacFarlane v. Walter, No. 96-cv-03102-LRS (E.D. Wash. 1997) (PC-WA-012), and Humanists of Washington v. Lehman, No. 97-cv-05499-FDB-JKA (W.D. Wash. 1999) (PC-WA-013).

On June 17, 2003, the district court (Judge Robert S. Lasnick) held that the DOC's policies regarding bulk mail and catalogs violated the First and Fourteenth amendments. The DOC was permanently enjoined from prohibiting delivery of catalogs based only on the fact that they are catalogs and from prohibiting the delivery of bulk mail based only on the fact that the mail was sent at a standard rate. On the damages claim, the court held that the defendants, thirteen prison officials, were entitled to qualified immunity. Prison Legal News v. Lehman, 272 F.Supp.2d 1151 (W.D. Wash. 2003). The court also concluded that summary judgment was not appropriate for the claim regarding third-party legal materials because there were issues of fact appropriate for trial. The court limited its finding of qualified immunity to issues resolved in summary judgment; therefore, defendants were not entitled to qualified immunity regarding the third-party legal materials.

The Court of Appeals for the Ninth Circuit (Judge Arthur Alarcon) affirmed the district court on all issues on February 1, 2005. Prison Legal News v. Lehman, 397 F.3d 692 (9th Cir. 2005). Judge Lasnick approved a settlement on the damages issues on August 8, 2005. Defendants agreed to pay $390,000 to PLN. The injunction remained in place.

Summary Authors

Angela Heverling (4/17/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4682276/parties/prison-legal-news-v-lehman/


Judge(s)

Alarcón, Arthur Lawrence (California)

Attorney for Plaintiff

Ford, Timothy D. (Washington)

Attorney for Defendant

Inglis, Shannon Elizabeth (Washington)

Judge, Daniel J. (Washington)

Expert/Monitor/Master/Other

Bringman, Joseph E. (Washington)

Documents in the Clearinghouse

Documents in this case

2:01-cv-01911

Docket (PACER)

Aug. 8, 2005

Aug. 8, 2005

Docket
116

2:01-cv-01911

Order Regarding Motions for Summary Judgment

June 17, 2003

June 17, 2003

Order/Opinion

272 F.Supp.2d 1151

03-35608

04-35185

Opinion

U.S. Court of Appeals for the Ninth Circuit

Feb. 1, 2005

Feb. 1, 2005

Order/Opinion

397 F.3d 692

161

2:01-cv-01911

Stipulation Judgment and Order of Dismissal With Prejudice

Aug. 5, 2005

Aug. 5, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4682276/prison-legal-news-v-lehman/

Last updated March 20, 2026, 5:31 a.m.

ECF Number Date Description Link
1 Nov. 27, 2001

COMPLAINT and JURY DEMAND (Summons(es) issued) Receipt # 404443 (PM) (Entered: 12/04/2001)

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2 Dec. 20, 2001

ATTORNEY APPEARANCE for defendants by Kasey Myhra, Shannon Elizabeth Inglis (ZG) (Entered: 12/27/2001)

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3 Jan. 4, 2002

ORDER RE INITIAL DISCLOSURES, JSR AND EARLY SETTLEMENT Joint Status Report due 2/15/02 (cc: counsel, Judge) (KERR) (Entered: 01/04/2002)

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4 Feb. 1, 2002

ANSWER to complaint [1-1] by defendants, jury demand (CL) (Entered: 02/05/2002)

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5 Feb. 15, 2002

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 4-5 days (ZG) (Entered: 02/20/2002)

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6 Feb. 21, 2002

MINUTE ORDER by Judge Lasnik setting Trial Date and Related Dates pursuant to LR 16. Jury trial set for 11/4/02 ; Deadline to Join Additional Parties is 3/21/02 ; Disclosure of expert testimony due: 5/8/02 ; Discovery Motions to be filed by 6/7/02 ; Discovery deadline set for 7/7/02 ; Dispositive Motions to be filed by 8/6/02 ; Settlement conf. per CR 39.1(c)(2) by 9/5/02 ; 39.1 designation effective 10/5/02 ; Motions in Limine deadline 10/7/02 ; Agreed Pretrial Order set for 10/23/02 ; Trial briefs and exhibits to be submitted by 10/30/02 ; Voir dire/jury instructions 10/30/02 ; Jury trial set for 4-5 days. (cc: counsel, Judge, KL) (VK) (Entered: 02/22/2002)

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7 March 28, 2002

MOTION by plaintiff to extend ddl for expert witness disclosure NOTED FOR 4/8/02 (VK) (Entered: 03/29/2002)

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8 March 28, 2002

DECLARATION of Jesse Wing by plaintiff re motion to extend ddl for expert witness disclosure [7-1] (VK) (Entered: 03/29/2002)

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March 28, 2002

LODGED ORDER: re: motion to extend ddl for expert witness disclosure [7-1] (VK)

9 April 3, 2002

Letter/NOTICE by plaintiff that the following should correctly be NOTED FOR 4/10/02 motion to extend ddl for expert witness disclosure (VK) (Entered: 04/03/2002)

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10 April 4, 2002

RESPONSE by defendant to motion to extend ddl for expert witness disclosure [7-1] (VK) (Entered: 04/04/2002)

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11 April 9, 2002

MOTION by plaintiff to extend ddl for expert witness disclosure NOTED FOR 4/10/02 (VK) (Entered: 04/09/2002)

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12 April 9, 2002

PRAECIPE: by plaintiff re: substituting pltf's reply to motion to extend ddl for expert witness disclosure [7-1] (VK) (Entered: 04/10/2002)

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13 April 19, 2002

ORDER by Judge Robert S. Lasnik GRANTING motion to extend ddl for expert witness disclosure [11-1] discovery ddl shall be completed by 8/31/02 Disclose Expert Witnesses by 7/1/02 ; Disclose Rebuttal Expert Witnesses by 8/1/02 (cc: counsel, Judge) (LS) (Entered: 04/22/2002)

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14 May 9, 2002

MOTION by defendant for partial summary judgment NOTED FOR 5/31/02 (dktclk) (Entered: 05/09/2002)

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May 9, 2002

LODGED ORDER: re: motion for partial summary judgment [14-1] (dktclk)

15 May 28, 2002

RESPONSE by plaintiffs to motion for partial summary judgment [14-1] (AF) (Entered: 05/30/2002)

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16 May 28, 2002

MOTION by defendants for protective order regarding financial information NOTED FOR 6/6/02 (AF) (Entered: 05/30/2002)

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17 May 28, 2002

FED.R.CIV.P.26(c) CERTIFICATE by defendants re: motion for protective order regarding financial information [16-1] (AF) (Entered: 05/30/2002)

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May 28, 2002

LODGED ORDER: re: dfts' motion for protective order regarding financial information [16-1] (AF)

18 May 30, 2002

REPLY by defendants TO RESPONSE to motion for partial summary judgment [14-1] (AF) (Entered: 05/31/2002)

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19 May 31, 2002

STIPULATED motion to extend discovery ddl (VK) (Entered: 06/03/2002)

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May 31, 2002

LODGED ORDER: re: granting stipulated motion to extend discovery ddl [19-1] (VK)

20 June 3, 2002

RESPONSE by plaintiffs to motion for protective order regarding financial information [16-1] (AF) (Entered: 06/04/2002)

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21 June 3, 2002

DECLARATION of Jesse Wing by plaintiff re: motion response in opposition to dfts' motion for protective order [20-1] (AF) (Entered: 06/04/2002)

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22 June 3, 2002

AFFIDAVIT OF SERVICE by plaintiffs motion response [20-1] etc (AF) (Entered: 06/04/2002)

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23 June 3, 2002

Amended STIPULATION and ORDER by Judge Robert S. Lasnik granting motion to extend; discovery ddl extended to 8/7/02; mtn filing ddl extended to 7/7/02 (cc: counsel, Judge) (VK) (Entered: 06/04/2002)

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24 June 4, 2002

MOTION by defendant for protective order re financial information NOTED FOR 6/5/02 (VK) (Entered: 06/05/2002)

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25 June 10, 2002

MINUTE ORDER by Judge Robert S. Lasnik SETTING oral argument on defts' motion for partial summary judgment [14-1] at 9:00 7/23/02 (cc: counsel, Judge, KL) (VK) (Entered: 06/11/2002)

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26 June 10, 2002

ORDER by Judge Robert S. Lasnik re defts' motion for protective order re financial information [24-1] [16-1] (cc: counsel, Judge) (VK) (Entered: 06/11/2002)

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July 8, 2002

LODGED ORDER: stipulated motion to extend ddls and order (VK)

27 July 9, 2002

STIPULATION and ORDER by Judge Robert S. Lasnik: extended ddls: discovery ddl 9/6/02; mtn filing ddl 8/9/02; pretrial order ddl 11/22/02; trial brief ddl 11/27/02; Voir dire/jy inst 11/27/02; trial 12/2/02 Dispositive Motions to be filed by 9/13/02 Motions in Limine deadline 11/8/02; 39.1 designation effective 10/5/02 Settlement Conference deadline 9/5/02; (cc: counsel, Judge) (LS) (Entered: 07/09/2002)

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28 July 17, 2002

MOTION by defendant to quash subpoenas to mailroom sergeants NOTED FOR 7/26/02 (VK) Modified on 07/23/2002 (Entered: 07/18/2002)

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29 July 17, 2002

NOTICE by defendants re FRCvP 26(d) certificate re motion to quash subpoenas to mailroom sergeants (VK) (Entered: 07/18/2002)

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July 17, 2002

LODGED ORDER: re: motion to quash usbpoenas to mailroom sergeants [28-1] (VK)

30 July 22, 2002

RESPONSE to motion to quash subpoenas to mailroom sergeants [28-1] and MOTION by plaintiffs to compel NOTED FOR 7/26/02 (VK) Modified on 05/16/2003 (Entered: 07/23/2002)

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31 July 22, 2002

DECLARATION of Jesse Wing by plaintiff re: motion response [30-1], re motion to compel [30-2] (VK) (Entered: 07/23/2002)

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32 July 22, 2002

AFFIDAVIT OF SERVICE by plaintiff motion response [30-1], motion to compel [30-2] (VK) (Entered: 07/23/2002)

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July 22, 2002

LODGED ORDER: re: motion response [30-1], re: motion to compel [30-2] (VK)

33 July 23, 2002

MINUTES of oral argument on defts' motion for partial summary judgment: RSL; Dep Clerk: KL; CR: Caroline Castle; Pla Counsel J. Wing & T. Ford; Def Counsel K. Myhra & S. Inglis; argument heard; court takes matter under advisement (VK) (Entered: 07/23/2002)

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34 July 25, 2002

ORDER by Judge Robert S. Lasnik DENYING defts' motion for partial summary judgment [14-1] (cc: counsel, Judge) (VK) (Entered: 07/25/2002)

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35 July 29, 2002

NOTICE of Unavailability of counsel Jesse Andrew Wing for plaintiff Rollin Wright from 8/1/02 to 8/2/02 and 9/30/02 to 10/7/02 (VK) (Entered: 07/30/2002)

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36 July 31, 2002

ORDER by Judge Robert S. Lasnik DENYING defts' motion to quash subpoenas to mailroom sergeants [28-1] (cc: counsel, Judge) (VK) (Entered: 07/31/2002)

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37 Aug. 9, 2002

MOTION by defendant to extend discovery ddl and dispositive motion due date NOTED FOR 8/19/02 (VK) (Entered: 08/12/2002)

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38 Aug. 9, 2002

DECLARATION of Kasey C. Myhra by defendant re motion to extend discovery ddl and dispositive motion due date [37-1] (VK) (Entered: 08/12/2002)

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Aug. 9, 2002

LODGED ORDER: re: motion to extend discovery ddl and dispositive motion due date [37-1] (VK)

39 Aug. 14, 2002

RESPONSE by plaintiffs to motion to extend discovery ddl and dispositive motion due date [37-1] (LS) (Entered: 08/15/2002)

RECAP
40 Aug. 15, 2002

DECLARATION of Jesse Wing by plaintiffs re: motion response [39-1] (LS) (Entered: 08/15/2002)

RECAP
Aug. 15, 2002

LODGED ORDER: re: deft's motion to extend discovery ddl and dispositive motion due date [37-1] (LS)

Aug. 16, 2002

LODGED ORDER: stipulated motion to extend discovery ddl (VK)

41 Aug. 27, 2002

STIPULATED motion to extend discovery ddl (KERR) (Entered: 08/27/2002)

RECAP
42 Aug. 27, 2002

ORDER EXTENDING DISC DDL AND TRIAL DATE by Judge Robert S. Lasnik ; discovery ddl ext to 10/15/02 ; jury trial ext to 7/7/03; Dispositive Motions to be filed by 11/27/02 ; The Court will issue a new scheduling order setting forth the remaining dates (cc: counsel, Judge) (KERR) (Entered: 08/27/2002)

RECAP
43 Aug. 27, 2002

MINUTE ORDER by Judge Lasnik setting Trial Date and Related Dates pursuant to LR 16. Jury trial set for 7/7/03 ; Discovery deadline set for 10/15/02 ; Dispositive Motions to be filed by 11/27/02 ; Settlement conf. per CR 39.1(c)(2) by 3/8/03 39.1 designation effective 4/7/03 ; Motions in Limine deadline 6/9/03 ; Agreed Pretrial Order set for 6/25/03 ; Trial briefs and exhibits to be submitted by 7/2/03 ; Voir dire/jury instructions 7/2/03 ; Jury trial set for 4-5 days. (cc: counsel, Judge, KL) (KERR) (Entered: 08/27/2002)

RECAP
44 Aug. 30, 2002

STIPULATION to authenticity of records (VK) (Entered: 09/03/2002)

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45 Oct. 1, 2002

MOTION by plaintiff to compel NOTED FOR 10/18/02 (VK) (Entered: 10/02/2002)

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46 Oct. 1, 2002

DECLARATION of Jesse Wing by plaintiff re motion to compel [45-1] (VK) (Entered: 10/02/2002)

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47 Oct. 1, 2002

AFFIDAVIT OF SERVICE by plaintiff motion to compel [45-1] etc. (VK) (Entered: 10/02/2002)

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Oct. 2, 2002

LODGED ORDER: stipulation and agreed order to file amended complaint (VK)

Oct. 2, 2002

PROPOSED amended complaint (VK)

48 Oct. 3, 2002

PRAECIPE: by plaintiff re: motion to compel [45-1] page 4 (VK) (Entered: 10/03/2002)

RECAP
49 Oct. 3, 2002

STIPULATION and ORDER by Judge Robert S. Lasnik allowing pltfs to file amended complaint (cc: counsel, Judge) (VK) (Entered: 10/03/2002)

RECAP
50 Oct. 3, 2002

AMENDED COMPLAINT [1-1] by plaintiff; jury demand (VK) (Entered: 10/03/2002)

RECAP
51 Oct. 15, 2002

RESPONSE by defendant to motion to compel [45-1] (VK) (Entered: 10/15/2002)

RECAP
52 Oct. 17, 2002

REPLY by plaintiff TO RESPONSE to motion to compel [45-1] (VK) (Entered: 10/18/2002)

RECAP
53 Oct. 17, 2002

Second DECLARATION of Jesse Wing by plaintiff re: motion reply [52-1] (VK) (Entered: 10/18/2002)

RECAP
54 Oct. 30, 2002

ORDER by Judge Robert S. Lasnik DENYING pltfs' motion to compel [45-1] (cc: counsel, Judge) (VK) (Entered: 10/30/2002)

RECAP
55 Oct. 31, 2002

MOTION by plaintiff to extend dispositive motions ddl NOTED FOR 11/11/02 (VK) (Entered: 11/01/2002)

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56 Oct. 31, 2002

DECLARATION of Jesse Wing by plaintiff re motion to extend dispositive motions ddl [55-1] (VK) (Entered: 11/01/2002)

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57 Oct. 31, 2002

AFFIDAVIT OF SERVICE by plaintiff motion to extend dispositive motions ddl [55-1] etc. (VK) (Entered: 11/01/2002)

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Oct. 31, 2002

LODGED ORDER: re: motion to extend dispositive motions ddl [55-1] (VK)

58 Nov. 7, 2002

NOTICE by plaintiff that the following is RENOTED FOR 11/13/02 motion to extend dispositive motions ddl (VK) (Entered: 11/07/2002)

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59 Nov. 8, 2002

RESPONSE by defendant to motion to extend dispositive motions ddl [55-1] (VK) (Entered: 11/08/2002)

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60 Nov. 8, 2002

DECLARATION of Kasey C. Myhra by defendant re: motion response [59-1] (VK) (Entered: 11/08/2002)

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61 Nov. 12, 2002

REPLY by plaintiff TO RESPONSE to motion to extend dispositive motions ddl [55-1] (VK) (Entered: 11/13/2002)

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62 Nov. 20, 2002

ORDER by Judge Robert S. Lasnik GRANTING pltfs' motion to extend dispositive motions ddl [55-1] Dispositive Motions ddl extended to 1/21/03 ; (cc: counsel, Judge) (KERR) (Entered: 11/20/2002)

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63 Jan. 2, 2003

ATTORNEY APPEARANCE for defendants by Kasey Myhra (address change) (RS) (Entered: 01/03/2003)

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64 Jan. 6, 2003

ORDER by Judge Robert S. Lasnik DENIES AS MOOT dft's motions: mtn for protective order re financial information [24-1], motion for protective order regarding financial information [16-1] (cc: counsel, Judge) (CL) (Entered: 01/06/2003)

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65 Jan. 15, 2003

MOTION by plaintiff for leave to file an overlength brief NOTED FOR 1/15/03 (KERR) (Entered: 01/17/2003)

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66 Jan. 15, 2003

DECLARATION of Jesse Wing by plaintiff re motion for leave to file an overlength brief [65-1] (KERR) (Entered: 01/17/2003)

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Jan. 15, 2003

LODGED ORDER: re: motion for leave to file an overlength brief [65-1] (KERR)

67 Jan. 21, 2003

MOTION by plaintiff for summary judgment NOTED FOR 2/14/03 (VK) (Entered: 01/22/2003)

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68 Jan. 21, 2003

DECLARATION of Paul Wright by plaintiff re motion for summary judgment [67-1] (VK) (Entered: 01/22/2003)

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69 Jan. 21, 2003

DECLARATION of Paul Wright by plaintiff re motion for summary judgment [67-1] (Vol. I, Exhibits 1-22) (VK) (Entered: 01/22/2003)

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70 Jan. 21, 2003

DECLARATION of Paul Wright by plaintiff re motion for summary judgment [67-1] (Vol. II, Exhibits 23-29) (VK) (Entered: 01/22/2003)

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71 Jan. 21, 2003

DECLARATION of Paul Wright by plaintiff re motion for summary judgment [67-1] (Vol. III, Exhibits 30-32) (VK) (Entered: 01/22/2003)

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72 Jan. 21, 2003

DECLARATION of Paul Wright by plaintiff re motion for summary judgment [67-1] (Vol. IV, Exhibits 33-81) (VK) (Entered: 01/22/2003)

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73 Jan. 21, 2003

DECLARATION of Don Miniken by plaintiff re motion for summary judgment [67-1] (VK) (Entered: 01/22/2003)

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74 Jan. 21, 2003

DECLARATION of Samuel C. Rutherford, III by plaintiff re motion for summary judgment [67-1] (VK) (Entered: 01/22/2003)

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75 Jan. 21, 2003

AFFIDAVIT of Sam Rutherford regarding motion for summary judgment [67-1] (VK) (Entered: 01/22/2003)

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76 Jan. 21, 2003

DECLARATION of Peter S. Downey by plaintiff re motion for summary judgment [67-1] (VK) (Entered: 01/22/2003)

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77 Jan. 21, 2003

DECLARATION of Silja Joanna Talvi by plaintiff re motion for summary judgment [67-1] (VK) (Entered: 01/22/2003)

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78 Jan. 21, 2003

DECLARATION of Carrie A. Wilkinson by plaintiff re motion for summary judgment [67-1] (VK) (Entered: 01/22/2003)

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79 Jan. 21, 2003

AFFIDAVIT OF SERVICE by plaintiff motion for summary judgment [67-1] etc. (VK) (Entered: 01/22/2003)

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80 Jan. 21, 2003

MOTION by defendant for summary judgment NOTED FOR 2/14/03 (VK) (Entered: 01/22/2003)

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81 Jan. 21, 2003

ORDER by Judge Robert S. Lasnik GRANTING pltfs' motion for leave to file an overlength brief [65-1] (cc: counsel, Judge) (VK) (Entered: 01/22/2003)

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Jan. 21, 2003

LODGED ORDER: re: motion for summary judgment [80-1] (VK)

82 Jan. 28, 2003

AFFIDAVIT OF SERVICE by plaintiff motion for summary judgment [67-1] etc. (VK) (Entered: 01/29/2003)

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83 Jan. 28, 2003

NOTICE by plaintiff requesting oral argument on their motion for summary judgment [67-1] (VK) (Entered: 01/29/2003)

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84 Jan. 31, 2003

PRAECIPE: by plaintiff re: declaration Silja Joanna Talvi [77-1] original signature page (VK) (Entered: 02/03/2003)

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85 Feb. 4, 2003

PRAECIPE: by defendant re: motion for summary judgment [80-1]; substituting pages 1-3 (VK) (Entered: 02/04/2003)

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Case Details

State / Territory:

Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 27, 2001

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nonprofit corporation that published and distributed prison-related publications suing state corrections department’s policymaking employees, challenging constitutionality of department’s inmate mail directive

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Washington DOC

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Western District of Washington 2:01-cv-01911

U.S. Court of Appeals for the Ninth Circuit 03-35608

U.S. Court of Appeals for the Ninth Circuit 04-35185

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Mail

Recommended Citation