University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Jordan v. Hood PC-CO-0012
Docket / Court 03cv02320-PSF-MJW ( D. Colo. )
State/Territory Colorado
Case Type(s) Prison Conditions
Case Summary
On November 20, 2003, Plaintiff Mark Jordan, an inmate at the United States Penitentiary, Administrative Maximum 2 facility in Florence, Colorado ("Florence ADX"), commenced this action in the U.S. District Court for Colorado on November 20, 2003, seeking declaratory relief, injunctive relief and ... read more >
On November 20, 2003, Plaintiff Mark Jordan, an inmate at the United States Penitentiary, Administrative Maximum 2 facility in Florence, Colorado ("Florence ADX"), commenced this action in the U.S. District Court for Colorado on November 20, 2003, seeking declaratory relief, injunctive relief and damages arising out of alleged violations of his First and Fifth Amendment rights.

Plaintiff claimed that his rights were being violated by the Federal Bureau of Prisons by enforcing 28 C.F.R. § 540.71(a)(2), which prevents inmates from receiving soft cover publications unless sent directly from the publisher, a bookclub, or a bookstore.

Following a one day bench trial Monday, June 12, 2006, the District Court (Judge Phillip S. Figa) entered judgment in favor of plaintiff on October 26, 2006 as follows:

1. Declared 28 C.F.R. § 540.71(a)(2) to be unconstitutional as to Mr. Jordan as applied specifically to unbound printed pages such as newspaper or magazine clippings, photocopies of newspaper or magazine articles, and internet printouts to the extent that these items do not exceed reasonable length or volume limitations or other reasonable restrictions otherwise applicable to inmate correspondence and mail; and

2. Permanently enjoined defendants from applying and enforcing 28 C.F.R. § 540.71(a)(2) in such a manner as to prevent Mr. Jordan from receiving such items from sources other than publishers, book clubs or bookstores.

According to the PACER docket, the Federal Bureau of Prisons did not file a notice of appeal as to the Court's judgment.

Dan Dalton - 03/05/2007


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Issues and Causes of Action
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Issues
General
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Bivens
Defendant(s) Federal Bureau of Prisons
Plaintiff Description An inmate at the United States Penitentiary Administrative Maximum facility in Florence, Colorado, claiming his constitutional rights are violated by a law which prevents inmates from receiving soft cover publications unless sent from the publisher
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
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 2006 - n/a
Case Closing Year 2006
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 ]

Docket(s)
1:03−cv−02320 (D. Colo.) 10/26/2006
PC-CO-0012-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order and Judgment 10/26/2006 (D. Colo.)
PC-CO-0012-0001 PDF | Detail
Judges Figa, Phillip S. (D. Colo.)
PC-CO-0012-0001 | PC-CO-0012-9000
Watanabe, Michael J. (D. Colo.) [Magistrate]
PC-CO-0012-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ramey, Edward T. (Colorado)
PC-CO-0012-9000
Defendant's Lawyers Pharo, William George (Colorado)
PC-CO-0012-9000
Other Lawyers None on record

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