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Case Name Krug v. Lutz PC-AZ-0010
Docket / Court 99-362 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Prison Conditions
Case Summary
On July 13, 1999, a state prison inmate in Arizona, filed a pro se complaint in the U.S. District Court for the District of Arizona under 42 U.S.C. §1983. The complaint alleged that state corrections officials violated the plaintiff's right to procedural due process by denying him his publications ... read more >
On July 13, 1999, a state prison inmate in Arizona, filed a pro se complaint in the U.S. District Court for the District of Arizona under 42 U.S.C. §1983. The complaint alleged that state corrections officials violated the plaintiff's right to procedural due process by denying him his publications and failing to provide adequate medical care. Krug's claims of inadequate medical care were dismissed on January 6, 2000.

Previously, in 1973, inmates in the Arizona state prison system and the Arizona Department of Corrections (ADOC) entered into a consent decree in Hook v. Arizona (PC-AZ-006) which authorized the ADOC to exclude publications deemed to be obscene under applicable constitutional standards. Inmates dissatisfied with a particular exclusion were allowed to appeal the decision; however, beginning in 1997, the ADOC adopted a practice of having an inmate's appeal of an exclusion decision adjudicated by the same prison official who made the initial decision to exclude the publication. Under this policy, ADOC officials rejected sixty-three publications addressed to Krug. Krug appealed each rejection, and the same ADOC official who initially rejected each publication also rejected Krug's appeal of the decision.

On March 30, 2001, the District Court (Judge Raner C. Collins) granted Krug's request for injunctive relief and directed the ADOC officials to retract any internal procedures that were inconsistent with the plaintiff's due process right to appeal the exclusion of incoming publications to a prison official other than the one who made the original exclusion. Judge Collins also found that the ADOC officials enjoyed qualified immunity from Krug's request for money damages arising out of the procedural due process violations.

On May 14, 2003, the U.S. Court of Appeals for the Ninth Circuit (Judge Raymond C. Fisher) affirmed the District Court's decision by holding that Krug had a constitutional right to two-level review of decisions to exclude publications. Krug v. Lutz, 329 F.3d 692 (9th Cir. 2003). Judge Fisher also found that state corrections officials enjoyed qualified immunity since, given the consent decree, they could have reasonably believed that their own conduct did not violate due process.

On July 15, 2005, Judge Collins ordered the state corrections officials to disseminate the amended publication review policy providing for two-level review of exclusion decisions (Director's Order No. 223) into the prison's libraries and computers and to be downloaded to the ADOC Website. On August 3, 2005, notice of compliance by state corrections officials to the order to disseminate the amended publication review policy was submitted. On April 26, 2007, after compliance by the defendant, the Court dismissed the case.

Tom Madison - 04/08/2006
Maurice Youkanna - 07/11/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Corrections
Jurisdiction-wide
General
Access to lawyers or judicial system
Grievance Procedures
Library (non-law) access
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Arizona Department of Corrections
Plaintiff Description State prison inmate alleging procedural due process violation in connection with review of decisions excluding incoming publications as obscene
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted No
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 2001 - n/a
Case Closing Year 2007
Case Ongoing No
Case Listing PC-AZ-0006 : Hook v. Arizona (D. Ariz.)
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)
99-00362 (D. Ariz.) 04/26/2007
PC-AZ-0010-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order [Denying Petition for Injunctive Relief] 06/16/2000 (D. Ariz.)
PC-AZ-0010-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Motions to Dismiss and for Summary Judgment in Part] 03/30/2001 (D. Ariz.)
PC-AZ-0010-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Summary Judgment in Favor of the Defendants] 10/10/2002 (D. Ariz.)
PC-AZ-0010-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 05/14/2003 (329 F.3d 692)
PC-AZ-0010-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order 07/06/2005 (D. Ariz.)
PC-AZ-0010-0001 PDF | Detail
Order [Dismissing Case] 04/26/2007 (D. Ariz.)
PC-AZ-0010-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Browning, James Robert (Ninth Circuit)
PC-AZ-0010-0002
Collins, Raner Christercunean (D. Ariz.)
PC-AZ-0010-0001 | PC-AZ-0010-0002 | PC-AZ-0010-0003 | PC-AZ-0010-0004 | PC-AZ-0010-0005 | PC-AZ-0010-0006 | PC-AZ-0010-9000
Fisher, Raymond C. (Ninth Circuit)
PC-AZ-0010-0002
Tallman, Richard C. (Ninth Circuit, FISCR)
PC-AZ-0010-0002
Monitors/Masters None on record
Plaintiff's Lawyers Parsons, Julia (Washington)
PC-AZ-0010-0002
Steinman, Adam N. (District of Columbia)
PC-AZ-0010-0002
Defendant's Lawyers Akmajian, Peter (Arizona)
PC-AZ-0010-9000
Blakey, A. Craig II (Arizona)
PC-AZ-0010-9000
Hofmann, Wanda E. (Arizona)
PC-AZ-0010-0002
Ladley, Edward Michael (Arizona)
PC-AZ-0010-9000
Sethi, Dev Kumar (Arizona)
PC-AZ-0010-9000
Skolnik, Bruce L. (Arizona)
PC-AZ-0010-0002 | PC-AZ-0010-9000
Other Lawyers None on record

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