University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Prison Legal News v. Poor JC-TX-0024
Docket / Court Case: 3:10-cv-00251 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Jail Conditions
Special Collection Prison Legal News
Case Summary
On June 28, 2010, the publisher of a Prison Legal news, a monthly civil rights magazine for prisoners, filed a civil rights action in the U.S. District Court for the Southern District of Texas against the sheriff of Galveston County Jail, alleging violation the plaintiff's constitutional rights to ... read more >
On June 28, 2010, the publisher of a Prison Legal news, a monthly civil rights magazine for prisoners, filed a civil rights action in the U.S. District Court for the Southern District of Texas against the sheriff of Galveston County Jail, alleging violation the plaintiff's constitutional rights to free speech and due process. Plaintiff, represented by the Texas Civil Rights Project, sought injunctive and declaratory relief, as well as nominal compensatory and punitive damages.

Galveston County Jail had implemented a policy in December 2006 that only permitted inmates who subscribed to Prison Legal News to receive it with special authorization from prison administration; otherwise, the publication was placed in their stored property. Plaintiff asserted that it did not receive notification of the change in the prison's policy nor did their subscribers prior to censorship.

On February 24, 2011, the case settled, and the Court (Judge Kenneth M. Hoyt) dismissed it accordingly (although retaining jurisdiction over the case for purposes of enforcing this stipulated judgment). The settlement recognized that PLN is entitled to receive notifications of mail rejection from every publication that it sends, and the subscribers are allowed to receive their subscriptions unless their is a safety or security concern. The Sheriff must maintain a subscription to PLN for five years in the law library available to the prison population. The Defendant was ordered to pay $5,500 in damages.

Kya Henley - 04/14/2014
Deeva Shah - 09/25/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Content of Injunction
Implement complaint/dispute resolution process
Defendant-type
Corrections
Jurisdiction-wide
General
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Galveston County Sheriff
Plaintiff Description Publisher of Prison Legal News, a monthly magazine informing incarcerated individuals of their rights.
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 Declaratory Judgment
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - 2016
Case Closing Year 2016
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)
3:10-cv-00251 (S.D. Tex.) 03/09/2011
JC-TX-0024-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/28/2010
JC-TX-0024-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Agreed Motion to Dismiss Individual Defendants 02/22/2011 (S.D. Tex.)
JC-TX-0024-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Judgment and Settlement Agreement 02/23/2011
JC-TX-0024-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal on Settlement Announcement 02/24/2011 (S.D. Tex.)
JC-TX-0024-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Adopting Stipulated Judgment and Dismissing with Prejudice 03/09/2011 (S.D. Tex.)
JC-TX-0024-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hoyt, Kenneth M. (S.D. Tex.)
JC-TX-0024-0002 | JC-TX-0024-0003 | JC-TX-0024-0004 | JC-TX-0024-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cook, Adam K (Vermont)
JC-TX-0024-0001
Harrington, James C (Texas)
JC-TX-0024-0001
Izzo, Lauren (Texas)
JC-TX-0024-0001 | JC-TX-0024-9000
Krause, Wayne Nicholas (Texas)
JC-TX-0024-0001
McGiverin, Brian Rolland (Texas)
JC-TX-0024-9000
Medlock, Scott Charles (Texas)
JC-TX-0024-0001 | JC-TX-0024-9000
Defendant's Lawyers Glywasky, Donald S (Texas)
JC-TX-0024-0005 | JC-TX-0024-9000
Other Lawyers None on record

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