University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Prison Legal News v. Wickersham PC-MI-0038
Docket / Court 2:15-cv-12350 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Jail Conditions
Special Collection Prison Legal News
Attorney Organization Legal Services/Legal Aid
Case Summary
On June 30, 2015, Prison Legal News (PLN) filed this lawsuit in Eastern District of Michigan (Detroit), under 42 U.S.C. § 1983, against Macomb County. PLN, represented by private counsel, asked the court for declaratory and injunctive relief, as well as compensatory and punitive damages. PLN ... read more >
On June 30, 2015, Prison Legal News (PLN) filed this lawsuit in Eastern District of Michigan (Detroit), under 42 U.S.C. § 1983, against Macomb County. PLN, represented by private counsel, asked the court for declaratory and injunctive relief, as well as compensatory and punitive damages. PLN claimed that an October 2013 policy at the Macomb County Jail unlawfully prohibited its publication from reaching inmates at the jail, in violation of the First and Fourteenth Amendments.

On June 30, 2015, PLN also filed a motion for preliminary injunction seeking to stop Macomb County from improperly censoring publications and correspondence mailed to prisoners at Macomb County Jail by PLN and other senders pursuant to a postcard only policy.

On September 30, 2015, the Court (Judge Avern Cohn) denied the motion without prejudice for reasons stated in court on the record at a hearing on September 30, 2015 for which transcripts have not been made available.

On May 16, 2016 the Court [Avern Cohen] split claims for injunctive relief and money damages. The Court ordered the claim for injunctive relief is to be tried by the Court and money damages to be tried by a jury, with the claim for injunctive relief tried first.

As of May 14, 2016, the case is ongoing.

Lakshmi Gopal - 10/31/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Freedom of speech/association
Defendant-type
Corrections
General
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Macomb County
Plaintiff Description Prison Legal News, a nonprofit corporation focused on public education, prisoner education, advocacy, and outreach in support of the rights of prisoners and in furtherance of basic human rights.
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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 ]

Docket(s)
2:15-cv-12350 (E.D. Mich.) 05/11/2016
PC-MI-0038-9002.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief under the Civil Rights Act 42 U.S.C. 1983 and Damages 06/30/2015
PC-MI-0038-0001.pdf | Detail
Document Source: Papers of David Marlin
Plaintiff's Motion for Preliminary Injunction 06/30/2015
PC-MI-0038-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Without Prejudice, Plaintiff's Motion for Preliminary Injunction and Defendant's Motion to Dismiss 09/30/2015 (E.D. Mich.)
PC-MI-0038-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Bifurcating Claims and Setting Date for Final Pretrial Conference 05/11/2016 (E.D. Mich.)
PC-MI-0038-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cohn, Avern Levin (E.D. Mich.)
PC-MI-0038-0002 | PC-MI-0038-0004 | PC-MI-0038-9002
Hluchaniuk, Michael J. (E.D. Mich.) [Magistrate]
PC-MI-0038-9002
Monitors/Masters None on record
Plaintiff's Lawyers Galloway, Angela (Washington)
PC-MI-0038-0001 | PC-MI-0038-0003
Johnson, Bruce E.H. (Washington)
PC-MI-0038-0001 | PC-MI-0038-0003
Lamoste, Elizabeth (Michigan)
PC-MI-0038-0001 | PC-MI-0038-0003 | PC-MI-0038-9002
Manville, Daniel E. (Michigan)
PC-MI-0038-0001 | PC-MI-0038-0003 | PC-MI-0038-9002
Neelakanta, Sabarish (Florida)
PC-MI-0038-0001 | PC-MI-0038-0003 | PC-MI-0038-9002
Stewart, James Edward Sr. (Louisiana)
PC-MI-0038-0001 | PC-MI-0038-0003 | PC-MI-0038-9002
Weber, Lance (Florida)
PC-MI-0038-0001 | PC-MI-0038-0003 | PC-MI-0038-9002
Defendant's Lawyers Schapka, John A. (Michigan)
PC-MI-0038-9002
Other Lawyers None on record

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