University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Prison Legal News v. Lindsey JC-TX-0019
Docket / Court 3:07-CV-00367 ( N.D. Tex. )
State/Territory Texas
Case Type(s) Jail Conditions
Case Summary
On February 27, 2007, Prison Legal News, a Washington non-profit corporation that published materials of interest for inmates, filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Texas, challenging a Dallas County Jail policy which prohibited inmates from ... read more >
On February 27, 2007, Prison Legal News, a Washington non-profit corporation that published materials of interest for inmates, filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Texas, challenging a Dallas County Jail policy which prohibited inmates from receiving magazines and newspapers. Prison Legal News claimed that the Jail policy was an improper restriction on free speech in violation of the First and Fourteenth Amendments. Plaintiff sought declaratory and injunctive relief as well as compensatory and punitive damages. Attorneys with the Texas Civil Rights Project represented the plaintiff.

The same day the suit was filed, plaintiff requested a preliminary injunction. That request was subsequently denied by the District Court (Judge Jorge A Solis).

On September 28, 2007, plaintiff moved for summary judgment. Shortly thereafter, the parties settled the case. Judge Solis gave the parties 60 days to formalize the settlement and prepare the necessary closing papers.

On December 7, 2007, the court approved a consent decree in the case, and on December 19, 2007, the court dismissed the action with prejudice. Under the terms of the consent decree, the defendants agreed to allow Prison Legal News publications in all of the Dallas County correctional facilities. The defendants also agreed to pay $9000 in damages, fees, and costs.

Kristen Sagar - 10/01/2008


compress summary

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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Law library access
Library (non-law) access
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Office of Detentions for Dallas County
Sheriff of Dallas County
Plaintiff Description Prison Legal News, a Washington non-profit corporation that published materials of interest for inmates.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - n/a
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Links Prison Legal News Homepage
Prison Legal News
By: Prison Legal News
[ Detail ] [ External Link ]

Docket(s)
3:07-cv-00367 (N.D. Tex.) 12/19/2007
JC-TX-0019-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's Original Complaint 02/23/2007
JC-TX-0019-0001 PDF | Detail
Consent Decree and Settlement Agreement 12/07/2007
JC-TX-0019-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Solis, Jorge Antonio (N.D. Tex.)
JC-TX-0019-9000
Monitors/Masters None on record
Plaintiff's Lawyers Harrington, James C (Texas)
JC-TX-0019-0001 | JC-TX-0019-9000
Krause, Wayne Nicholas (Texas)
JC-TX-0019-0001 | JC-TX-0019-9000
Medlock, Scott Charles (Texas)
JC-TX-0019-0001 | JC-TX-0019-0002 | JC-TX-0019-9000
Defendant's Lawyers Westergard, Dolena T. (Texas)
JC-TX-0019-0002 | JC-TX-0019-9000
Other Lawyers None on record

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