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Case Name Prison Legal News v. Corrections Corporation of America PC-AZ-0015
Docket / Court 2:09-cv-1831 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Prison Conditions
Special Collection Prison Legal News
Attorney Organization ACLU Chapters (any)
Rosen, Bien, Galvan & Grunfeld
Case Summary
On September 2, 2009, the publisher of the Prison Legal News, a monthly magazine distributed to prisons and jails across the counrty, filed a lawsuit under 42 U.S.C. § 1983 and state law in the United States District Court for the District of Arizona, Phoenix Division. The plaintiff, represented ... read more >
On September 2, 2009, the publisher of the Prison Legal News, a monthly magazine distributed to prisons and jails across the counrty, filed a lawsuit under 42 U.S.C. § 1983 and state law in the United States District Court for the District of Arizona, Phoenix Division. The plaintiff, represented by the American Civil Liberties Union of Arizona, asked for declaratory, injunctive relief, and actual damages, claiming that the plaintiff's First and Fourteenth Amendment rights had been violated. Specifically, the plaintiff claimed that the refusal to distribute its publication to prisoners in defendant's facility violated their free speech, due process, and equal protection rights.

From December 2007 to February 2009, the Corrections Corporation of America (CCA), operator of the Saguaro Prison in Arizona, censored and with-held from prisoners of that facility copies of the Prison Legal News.

On June 8, 2010, the Court (Judge Roslyn O. Silver) entered an Order of Dismissal because the parties had settled the case. The Settlement Agreement provided that the plaintiff would be added as an authorized retailer, and its publication would be permitted in the facility. It furthermore provided that CCA would provide notice to the plaintiff if outgoing communications were being prevented. CCA also agreed to pay the plaintiffs a lump sum of $70,000, to cover actual damages and attorney's fees.

The agreement terminated on December 5, 2011 without incident.

Blase Kearney - 05/20/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Freedom of speech/association
General
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) Corrections Corporation of America
Plaintiff Description Plaintiff Prison Legal News, a monthly prison law magazine which is distributed across the nation to prisoners, and Human Rights Defense Counsel, owner and publisher of PLN.
Indexed Lawyer Organizations ACLU Chapters (any)
Rosen, Bien, Galvan & Grunfeld
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 2010 - 2011
Case Closing Year 2010
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

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

Docket(s)
(D. Ariz.) 06/08/2010
PC-AZ-0015-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/09/2009
PC-AZ-0015-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer 11/06/2009
PC-AZ-0015-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 06/02/2010
PC-AZ-0015-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 06/08/2010 (D. Ariz.)
PC-AZ-0015-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Duncan, David K. (D. Ariz.) [Magistrate]
PC-AZ-0015-9000
Silver, Roslyn O. (D. Ariz.)
PC-AZ-0015-0003 | PC-AZ-0015-9000
Monitors/Masters None on record
Plaintiff's Lawyers Galvan, Ernest (California)
PC-AZ-0015-0004
Manville, Daniel E. (Michigan)
PC-AZ-0015-0001 | PC-AZ-0015-9000
Pochoda, Daniel Joseph (Arizona)
PC-AZ-0015-0001 | PC-AZ-0015-0004 | PC-AZ-0015-9000
Rosen, Sanford Jay (California)
PC-AZ-0015-0001 | PC-AZ-0015-9000
Thompson, Blake (California)
PC-AZ-0015-9000
Defendant's Lawyers Carter, Cole (Tennessee)
PC-AZ-0015-0004
Garcia, Liana Jean (Arizona)
PC-AZ-0015-9000
Struck, Daniel Patrick (Arizona)
PC-AZ-0015-0002 | PC-AZ-0015-0004 | PC-AZ-0015-9000
Other Lawyers None on record

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