University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Prison Legal News v. Tulare JC-CA-0122
Docket / Court No. 1:15-cv-01650-SAB ( E.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection Prison Legal News
Attorney Organization Rosen, Bien, Galvan & Grunfeld
Case Summary
On October 29, 2015, Prison Legal News filed this lawsuit in the United States District Court of the Eastern District of California. The plaintiff sued the County of Tulare under 42 U.S.C. § 1983. Represented by the Human Rights Defense Center and private counsel, the plaintiff asked the court for ... read more >
On October 29, 2015, Prison Legal News filed this lawsuit in the United States District Court of the Eastern District of California. The plaintiff sued the County of Tulare under 42 U.S.C. § 1983. Represented by the Human Rights Defense Center and private counsel, the plaintiff asked the court for injunctive and declaratory relief, as well as damages. The plaintiff claimed that the County of Tulare violated its rights of due process and equal protection under the First, Fifth and Fourteenth Amendments. Specifically, Prison Legal News claimed that the County of Tulare censored the plaintiff's publication by adopting and implementing mail policies prohibiting delivery of mail from plaintiff, and failing to provide due process notice or opportunity to challenge the censorship.

On December 16, 2015, the Court, Judge John A. Mendez, signed a preliminary injunction. The court found sufficient likelihood of success on the claim of due process, and ordered that defendant provide adequate written notice and an administrative appeal process to both prisoners and senders when defendants refuse to deliver plaintiff's publications to prisoners at the county's jails.

As of February 18, 2016, the lawsuit was ongoing.

Kat Brausch - 02/18/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Freedom of speech/association
Content of Injunction
Preliminary relief denied
Preliminary relief granted
Defendant-type
Corrections
General
Mail
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) County of Tulare
Plaintiff Description Prison Legal News, a publisher of a journal of corrections news and analysis and a distributor of books to prisoners, lawyers, etc. about the criminal justice system and legal issues affecting prisoners.
Indexed Lawyer Organizations Rosen, Bien, Galvan & Grunfeld
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2015 - 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 ]

Docket(s)
1:15-cv-01650-JAM-SAB (E.D. Cal.) 02/10/2016
JC-CA-0122-9000.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 10/29/2015
JC-CA-0122-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying in Part and Granting in Part Plaintiff's Motion for Preliminary Injunction 12/16/2015 (E.D. Cal.)
JC-CA-0122-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Mendez, John A. (E.D. Cal.)
JC-CA-0122-0002 | JC-CA-0122-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ells, Lisa Adrienne (California)
JC-CA-0122-0001 | JC-CA-0122-9000
Hu, Christopher David (California)
JC-CA-0122-0001 | JC-CA-0122-9000
Neelakanta, Sabarish (Florida)
JC-CA-0122-0001 | JC-CA-0122-9000
Weber, Lance (Florida)
JC-CA-0122-0001 | JC-CA-0122-9000
Defendant's Lawyers Stimmel, Kevin Alan (California)
JC-CA-0122-9000
Other Lawyers None on record

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