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Case Name Prison Legal News v. Fulton County, GA JC-GA-0033
Docket / Court 1:07-cv-02618-CAP ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Jail Conditions
Attorney Organization Southern Center for Human Rights
Case Summary
On October 22, 2007, the Prison Legal News (PLN), the publisher of a monthly magazine on prison issues, filed suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Georgia, challenging the Fulton County Jail mail policy barring prisoners' receipt of any and ... read more >
On October 22, 2007, the Prison Legal News (PLN), the publisher of a monthly magazine on prison issues, filed suit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Georgia, challenging the Fulton County Jail mail policy barring prisoners' receipt of any and all books, magazines, and newspapers (other than religious publications). PLN claimed that the Jail policy violated the First Amendment and the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution, as well as the Georgia constitution. PLN further claimed that the mail policy had previously been declared unconstitutional in the case Daker v. Barrett, No. 1:00-CV-1065-RWS (N.D. Ga. July 22, 2002). PLN sought declaratory and injunctive relief, barring enforcement of the mail policy.

Fulton County denied that the mail policy was unconstitutional. On December 18, 2007, PLN moved for a preliminary injunction to enjoin the continued enforcement of the mail policy. Two days later, Fulton County Sheriff instituted a modified mail policy. Fulton County then argued that the case was moot in light of the new policy.

On January 31, 2008, the District Court (Judge Charles A. Pannell, Jr.) held a preliminary injunction hearing. Fulton County conceded that the old mail policy was unconstitutional, but argued that since it voluntarily adopted a new policy, injunctive relief was unnecessary. Judge Pannell disagreed. He entered an injunction, enjoining enforcement of the old mail policy and requiring that the new mail policy remain in effect. Fulton County was also ordered to notify PLN of any changes made to the new mail policy. Under the new mail policy, the Jail permitted PLN subscriptions to be delivered to imprisoned subscribers.

We have no further information on this case.

Dan Dalton - 02/11/2008


compress summary

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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Fulton County Sheriff's Department
Fulton County, GA
Plaintiff Description Prison Legal News
Indexed Lawyer Organizations Southern Center for Human Rights
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2008 - n/a
Case Closing Year n/a
Case Ongoing Yes
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)
1:07-cv-02618-CAP (N.D. Ga.) 04/19/2010
JC-GA-0033-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/22/2007
JC-GA-0033-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Minute Sheet for proceedings held In Open Court on 01/31/2008 01/31/2008
JC-GA-0033-0002.pdf | Detail
Order 02/04/2008 (N.D. Ga.)
JC-GA-0033-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Prison Legal News v. Fulton County - Amended Complaint 03/25/2008
JC-GA-0033-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion [and Attached Consent Order] Approving Proposed Changes to Fulton County Sheriff's Department Jail Bureau Policies and Procedures 3000-01 05/14/2008 (N.D. Ga.)
JC-GA-0033-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 07/13/2009 (N.D. Ga.)
JC-GA-0033-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Judgment 11/09/2009 (N.D. Ga.)
JC-GA-0033-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Pannell, Charles A. Jr. (N.D. Ga.)
JC-GA-0033-0002 | JC-GA-0033-0003 | JC-GA-0033-0004 | JC-GA-0033-0006 | JC-GA-0033-0007 | JC-GA-0033-9000
Monitors/Masters None on record
Plaintiff's Lawyers Spears, George Brian (Georgia)
JC-GA-0033-0001 | JC-GA-0033-0002 | JC-GA-0033-0004 | JC-GA-0033-0005 | JC-GA-0033-9000
Weber, Gerald R. (Georgia)
JC-GA-0033-0001 | JC-GA-0033-0002 | JC-GA-0033-0004 | JC-GA-0033-0005 | JC-GA-0033-9000
Defendant's Lawyers Dancy, Rolesia Butler (Georgia)
JC-GA-0033-0002 | JC-GA-0033-9000
McDonald, Nikisha L. (Georgia)
JC-GA-0033-9000
Nkumeh, Nwakaego Ijeoma (Georgia)
JC-GA-0033-0004 | JC-GA-0033-9000
Okparaeke, Nwakaego Ijeoma (Georgia)
JC-GA-0033-0002
Rosenberg, Steven E. (Georgia)
JC-GA-0033-9000
Other Lawyers None on record

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