Case: Green v. Peters

1:71-cv-01403 | U.S. District Court for the Northern District of Illinois

Filed Date: June 11, 1971

Closed Date: June 27, 2002

Clearinghouse coding complete

Case Summary

In 1971, an Illinois inmate filed suit in the District Court for the Northern District of Illinois against state prison officials. Plaintiff sued under section 1983 for violations of his First Amendment right to access various published materials. Following a denial of cross-motions for summary judgment, the parties adopted a consent decree. This agreement prohibited the defendants from restricting the inmates' access to certain non-legal publications. At a hearing in 1975, Judge Frank McGa…

In 1971, an Illinois inmate filed suit in the District Court for the Northern District of Illinois against state prison officials. Plaintiff sued under section 1983 for violations of his First Amendment right to access various published materials. Following a denial of cross-motions for summary judgment, the parties adopted a consent decree. This agreement prohibited the defendants from restricting the inmates' access to certain non-legal publications. At a hearing in 1975, Judge Frank McGarr found the defendants to be in contempt of court for violating the 1973 decree. Judge McGarr issued a permanent injunction in 1976 ordering an even broader range of reading materials be accessible to the inmates. 2002 U.S. Dist. LEXIS 11671 (N.D. Ill. June 27, 2002).

In 1987, prison officials adopted a new ""no catalogs rule,"" limiting the materials to which inmates had access. With the original plaintiff having died in the time between the 1976 decree and the new rule, another inmate stepped in as an intervening plaintiff. In 1992, the new intervenor-plaintiff sought and Judge Charles Kocoras granted an order declaring that the ""no catalogs rule"" violated the 1976 injunction. This gave the defendants 30 days to come into compliance with the injunction, 1992 WL 309566 (N.D. Ill. Oct. 22, 1992). In 1993, the intervenor-plaintiff continually sought to force the defendants into compliance. In April 1993, the court entered an implementation order with recommended language for the rules governing inmate reading material. When inmates continued to complain, the court issued a minute order in June 1993 personally ordering each warden to abide by the 1976 injunction. 1997 WL 769458 (N.D. Ill. Dec. 5, 1997).

In May 1997, defendants moved to terminate the orders in this case pursuant to the Prison Litigation Reform Act, 18 U.S.C. section 3626(b)(2). This law requires that relief be narrowly drawn and the least intrusive means of solving the problem. Intervenor-plaintiff argued in turn that section 3626 was unconstitutional. In December 1997, the court found section 3626 to be constitutional and that the orders and decrees did not comply with its requirements. 2000 WL 1230246 (N.D. Ill. Aug. 24, 2000). In November 2001, the court held that intervenor-plaintiff's evidence of ongoing violations of rights was insufficient to save the orders under the PLRA and terminated them. Intervenor-plaintiff sought and was denied attorney's fees for his efforts regarding the whole section 3626 issue. 2002 U.S. Dist. LEXIS 11671 (N.D. Ill. June 27, 2002). The docket ends there.

Summary Authors

John Maksymonko (8/3/2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5106651/parties/green-v-peters/


Judge(s)

Kocoras, Charles Petros (Illinois)

Attorney for Plaintiff

DeWolfe, Ruthanne (Illinois)

Attorney for Defendant

Ciecko, Thomas Lee (Illinois)

Expert/Monitor/Master/Other

Allison, Robert D. (Illinois)

Garvey, Vincent M. (District of Columbia)

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Documents in the Clearinghouse

Document

1:71-cv-01403

Docket (PACER)

June 27, 2002

June 27, 2002

Docket

1:71-cv-01403

Memorandum Opinion

Green v. Sielaff

June 3, 1992

June 3, 1992

Order/Opinion

1992 WL 1992

1:71-cv-01403

Memorandum Opinion

Green v. Sielaff

July 23, 1992

July 23, 1992

Order/Opinion

1992 WL 1992

1:71-cv-01403

Memorandum Opinion

Oct. 22, 1992

Oct. 22, 1992

Order/Opinion

1992 WL 1992

93-07300

Memorandum Opinion and Order

Jan. 8, 1994

Jan. 8, 1994

Order/Opinion

1994 WL 1994

5

1:71-cv-01403

Memorandum Opinion and Order

Dec. 5, 1997

Dec. 5, 1997

Order/Opinion

1997 WL 1997

25

1:71-cv-01403

Memorandum Opinion and Order

April 27, 1998

April 27, 1998

Order/Opinion

1998 WL 1998

109

1:71-cv-01403

Memorandum Opinion

Aug. 24, 2000

Aug. 24, 2000

Order/Opinion

2000 WL 2000

194

1:71-cv-01403

Memorandum Opinion

June 28, 2002

June 28, 2002

Order/Opinion

2002 U.S.Dist.LEXIS 2002

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5106651/green-v-peters/

Last updated Jan. 30, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link

MOTION by defendants to terminate prospective relief (Attachments); Notice of motion. (mak) (Entered: 06/24/1997)

May 14, 1997

May 14, 1997

MOTION by intervenor plaintiff for declaratory judgment or, in the alternative, to stay the autotmatic stay provisions of 18 U.S.S. 3626(e)(2) in this case (mak) (Entered: 06/24/1997)

May 21, 1997

May 21, 1997

OBJECTIONS by intervenor plaintiff to defendants' motion to immidiately terminate prospective relief [0-1] (Exhibits) (mak) (Entered: 06/24/1997)

May 21, 1997

May 21, 1997

MINUTE ORDER of 5/21/97 by Hon. Charles P. Kocoras : Intervenor- plaintiff George Peter is given to 06/18/97 to file brief in support of objections to defendants motion to terminate relief [0-1]. Defendant's reply and answer to motion for declaratory judgment [0-1] or int he alternative to stay [0-1], is due 07/16/97. George Peter's reply due 07/30/97. Ruling on pending motions set for 08/20/97 at 9:30 a.m. (Temporarily unavailable for docketing.) Mailed notice (mak) (Entered: 07/07/1997)

May 21, 1997

May 21, 1997

TRANSCRIPT of proceedings for the following date(s): 05/21/97 Before Honorable Charles P. Kocoras (mak) (Entered: 07/11/1997)

June 12, 1997

June 12, 1997

MOTION by intervenor plaintiff to file instanter a combined, oversized brief in support of objections to defendant's motion to immediately terminate prospective relief and in support of intervenor's motion to declare the automatic stay provision unconstitutional (Attachment); Notice of motion. (mak) (Entered: 07/07/1997)

June 16, 1997

June 16, 1997

MINUTE ORDER of 6/18/97 by Hon. Charles P. Kocoras : Intervenor's motion to file instanter a combined, oversized brief in support of objections to defendant's motion to immediately terminate prospective relief and in support of intervenor's motion to declare the automatic stay provision unconstitutional granted [0-1]. Defendants' response is limited to 50 pages. Clerk of Court is directed to notify the Attorney General of the United States and the U.S. Attorney for this district of a claim of unconstitutionality pursuant to General Rule 22. Mailed notice (mak) (Entered: 07/07/1997)

June 18, 1997

June 18, 1997

BRIEF by intervenor plaintiff in opposition to defendants' motion to immediately terminate protective relief [0-1] and in support of interneor- plaintiff's motion to declare the automatic stay provision of the PLRA unconstitional [0-1] (mak) (Entered: 07/07/1997)

June 18, 1997

June 18, 1997

APPENDIX filed by intervenor plaintiff in opposition to defendants' motion to immediately temrinate propsective relief and in support of motion to declare the automatic stay provisions of the PLRA unconstitutional [0-1] (mak) (Entered: 07/07/1997)

June 18, 1997

June 18, 1997

COMPENDIUM of unpublished cases cited in intervenor-plaintiff's brief in opposition to defendants' motion to immediately terminate propesctive relief and in support of mtoion to declare the autmoatice stay provisions of the PLRA unconstitutional by Intervenor-plaintiff (Attachments) (mak) (Entered: 07/07/1997)

June 18, 1997

June 18, 1997

CORRECTED PAGES 8-9 by intervenor plaintiff George Peter Jr of 6/18/97 brief in opposition to defendants' motion to immediately terminate and in support of motion to declare automatic stay provisions unconstitutional; Notice of filing. (fce) (Entered: 06/25/1997)

June 24, 1997

June 24, 1997

TRANSCRIPT of proceedings for the following date(s): 12/22/92 (2 volumes) Before Honorable Wayne R. Andersen (mak) (Entered: 07/17/1997)

July 16, 1997

July 16, 1997

BRIEF by defendants' in support of defendants' motion to terminate prospective relief [0-1]; Notice of filing. (mak) Modified on 07/18/1997 (Entered: 07/18/1997)

July 17, 1997

July 17, 1997

APPENDIX TO BRIEF filed by defendant in support of defendants' motion to terminate prospective relief [0-1] (Exhibits) (mak) (Entered: 07/18/1997)

July 17, 1997

July 17, 1997

AFFIDAVIT of Enrique Cavazos; Notice of filing (mak) (Entered: 07/31/1997)

July 22, 1997

July 22, 1997

AFFIDAVIT of Curt Eubanks (mak) (Entered: 07/31/1997)

July 22, 1997

July 22, 1997

AFFIDAVIT of Cynthia A. Williams (mak) (Entered: 07/31/1997)

July 22, 1997

July 22, 1997

AFFIDAVIT of Dan Murray (mak) (Entered: 07/31/1997)

July 22, 1997

July 22, 1997

AFFIDAVIT of Patricia Lubben (Attachments) (mak) Modified on 07/31/1997 (Entered: 07/31/1997)

July 22, 1997

July 22, 1997

REPLY BRIEF by intervenor plaintiff in support of motion to declare automatic stay provision unconstitutional [0-2] wtih response to defendant's breif in support of motion to terminate (mak) (Entered: 07/31/1997)

July 30, 1997

July 30, 1997

RESPONSE by intervenor plaintiff to defendants' breif in support of defendants' motion to terminate prospective relief [0-1] with reply (mak) (Entered: 07/31/1997)

July 30, 1997

July 30, 1997

MOTION by USA to intervene and for leave to file an oversized brief ; Notice of motion. (mak) (Entered: 08/12/1997)

Aug. 6, 1997

Aug. 6, 1997

BRIEF IN SUPPORT of the United States' motion to intervene [0-1] (mak) (Entered: 08/12/1997)

Aug. 6, 1997

Aug. 6, 1997

BRIEF of the United States concerning immediate termination provisions of the prison litigation reform act of 1995 (Exhibits) (mak) (Entered: 08/12/1997)

Aug. 6, 1997

Aug. 6, 1997

MINUTE ORDER of 8/11/97 by Hon. Charles P. Kocoras : Motion of the United STates to intervene [0-1] and for leave to file an oversized brief [0-2] is granted. Response to United States' brief is due 08/29/97. Ruling set for 08/22/97 is reset to 10/02/97 at 9:30 a.m. Mailed notice (mak) (Entered: 08/12/1997)

Aug. 11, 1997

Aug. 11, 1997

REPLY to the breif of the United States concerning immediate termination provisions of the prison ligation reform act of 1995 [0-2] by Intervenor plaintiffs (Exhibits). (mak) (Entered: 09/03/1997)

Aug. 29, 1997

Aug. 29, 1997

REPLY by intervenor USA to intevernor plaintiff's reply to brief of the USA [0-0] (Temporarily unavailable for docketing.) (mjc) Modified on 10/03/1997 (Entered: 09/19/1997)

Sept. 9, 1997

Sept. 9, 1997

MINUTE ORDER of 9/18/97 by Hon. Charles P. Kocoras : United States' motion for leave to file reply brief is granted [0-0 ]. Ruling set for 10/2/97 at 9:30 a.m. to stand. Telephoned notice (mjc) Modified on 10/03/1997 (Entered: 09/19/1997)

Sept. 18, 1997

Sept. 18, 1997

MINUTE ORDER of 9/29/97 by Hon. Charles P. Kocoras : Ruling set for 10/02/97 is stricken. The court will rule by mail. Telephoned notice (mak) (Entered: 09/30/1997)

Sept. 29, 1997

Sept. 29, 1997

4

NOTICE by intervenor USA of recent decision (Attachments) (eav) (Entered: 11/21/1997)

Nov. 20, 1997

Nov. 20, 1997

5

MEMORANDUM, OPINION, AND ORDER (jmp) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

6

MINUTE ORDER of 12/5/97 by Hon. Charles P. Kocoras : Enter memorandum opinion and order: The court finds Section 3626(b)(2) constitutional, but will stay effect of the termination provision pending appeal of the constitutionality of the statute [0-2]. All other pending motions are moot. Motion to terminate prospective relief [0-1] is moot. Motion for declaratory judgment [0-1] is moot. Mailed notice (jmp) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

7

ENTERED JUDGMENT (jmp) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

8

NOTICE of aendments by intervenor USA (Attachment) (jmp) (Entered: 12/10/1997)

Dec. 9, 1997

Dec. 9, 1997

9

MOTION by intervenor plaintiff under Rule 59(e) to reconsider and alter or amend part of this court's 12/05/97 memorandum opinion and order (Exhibits); Notice of motion (Temporarily unavailable for docketing.) (jmp) (Entered: 12/29/1997)

Dec. 19, 1997

Dec. 19, 1997

10

MEMORANDUM OF LAW by intervenor plaintiff in support of motion under Rule 59(e) to reconsider [9-1] and alter [9-2] or amend part of this court's 12/05/97 memorandum opinion and order [9-3] (jmp) (Entered: 12/29/1997)

Dec. 19, 1997

Dec. 19, 1997

11

MINUTE ORDER of 12/23/97 by Hon. Charles P. Kocoras : Answer brief to motion under Rule 59(e) to reconsider [9-1], alter [9-2] or amend part of this court's 12/05/97 memorandum opinion and order [9-3] due 01/23/98. Ruling on intervenor-plaintiff's motion to reconsider set for mail. Mailed notice (jmp) (Entered: 12/29/1997)

Dec. 23, 1997

Dec. 23, 1997

12

MOTION by intervenor plaintiff George Peter Jr for leave to supplement the record with respect to pending Rule 59(e) motion (Exhibits); Notice of motion (eav) (Entered: 01/14/1998)

Jan. 8, 1998

Jan. 8, 1998

14

MOTION by intervenor plaintiff George Peter Jr for leave to supplement the record with respect to intervenor-plaintiff's pending Rule 59(e) motion (Exhibits); Notice of motion (jmp) (Entered: 01/14/1998)

Jan. 8, 1998

Jan. 8, 1998

13

EXHIBITS by intervenor plaintiff George Peter Jr; Notice of filing (jmp) (Entered: 01/14/1998)

Jan. 13, 1998

Jan. 13, 1998

15

ATTORNEY APPEARANCE for defendants' by Diann Karen Marsalek (jmp) (Entered: 01/14/1998)

Jan. 13, 1998

Jan. 13, 1998

ORAL MOTION by defendants' for leave to withdraw the appearance of attorney Thomas Ciecko and for leave to file the appearance of attorney Diann K. Marsalek (jmp) (Entered: 01/14/1998)

Jan. 13, 1998

Jan. 13, 1998

16

MINUTE ORDER of 1/13/98 by Hon. Charles P. Kocoras : Status hearing set for 9:30 a.m. on 02/25/98. Defendants' oral motion for leave to [0-1] withdraw the appearance of attorney Thomas Ciecko [0-2] and for leave to file the appearance of attorney Diann K. Marsalek [0-3] is granted. All pending motions are held in abeyance pending further order. Mailed notice (jmp) (Entered: 01/14/1998)

Jan. 13, 1998

Jan. 13, 1998

17

RESPONSE by intervenor USA to motion for leave to [14-1], supplement the record with respect to intervenor-plaintiff's pending Rule 59(e) motion [14-2] (jmp) (Entered: 01/23/1998)

Jan. 22, 1998

Jan. 22, 1998

18

TRANSCRIPT of proceedings for the following date(s): 01/13/98. Before Honorable Charles P. Kocoras. (jmp) (Entered: 01/29/1998)

Jan. 28, 1998

Jan. 28, 1998

19

MINUTE ORDER of 2/25/98 by Hon. Charles P. Kocoras : Status hearing held. Intervenor-plaintiff's motions for leave to supplement the record with respect to pending Rule 59(e) motion [12-1], motion for leave to [14-1] supplement the record with respect to pending Rule 59(e) motion are granted [14-2]. Answer to pending motion under Rule 59(e) to reconsider [9-1] alter [9-2] or amend part of this court's 12/05/97 memorandum opinion and order [9-3], is due 03/04/98. Reply due 03/11/98. The Court will rule by mail. Mailed notice (jmp) (Entered: 02/27/1998)

Feb. 25, 1998

Feb. 25, 1998

20

RESPONSE by defendants' to intervenor-plaintiff's motion under Rule 59 (e) to reconsider [9-1] and alter [9-2] or amend part of this court's 12/05/97 memorandum opinion and order [9-3] ; Notice of filing (jmp) (Entered: 03/02/1998)

Feb. 27, 1998

Feb. 27, 1998

21

MOTION by intervenor plaintiff George Peter Jr for leave to supplement the record with respect to intervenor-plaintiff's pending Rule 59(e) motion (Exhibits); Notice of motion (RESTRICTED) (jmp) (Entered: 03/12/1998)

March 6, 1998

March 6, 1998

22

REPLY MEMORANDUM by defendant in support of intervenor- plaintiff's Rule 59(e) motion to reconsider [9-1] (jmp) (Entered: 03/12/1998)

March 11, 1998

March 11, 1998

24

MINUTE ORDER of 3/11/98 by Hon. Charles P. Kocoras : Intervenor- plaintiff's motion for leave to [21-1] supplement the record with respect to intervenor-plaintiff's pending Rule 59(e) motion, is granted [21-2]. No notice (jmp) (Entered: 03/12/1998)

March 11, 1998

March 11, 1998

25

MEMORANDUM, OPINION, AND ORDER (jmp) (Entered: 04/27/1998)

April 24, 1998

April 24, 1998

26

MINUTE ORDER of 4/24/98 by Hon. Charles P. Kocoras : Enter memorandum opinion and order: Intervener-plaintiff's motion under Rule 59(e) to reconsider [9-1], motion alter [9-2] or amend part of this court's 12/05/97 memorandum opinion and order is granted [9-3] in part and denied in part. The matter is referred to the assigned Magistrate Judge for proceeding in accordance with this Opinion: The effect fo the court's 12/05/97 opinion and order is stayed pending resolution of the remaining issues. Mailed notice (jmp) (Entered: 04/27/1998)

April 24, 1998

April 24, 1998

27

REFERRAL ORDER of 04/29/98: Case referred to Hon. W. Thomas Rosemond Jr. from Hon. Charles P. Kocoras. Conduct hearings and enter appropriate orders on the following pretrial motion/matter: Perform such additional duties as are not inconsistent with the Constitution and laws of the United States: The Magistrate Judge shall conduct a hearing in order to more fully develop a factual record as to whether there are "continuing and ongoing" violations of Illinois prisoners' First Amendment rights, and in accordance with the Court's memorandum Opinion and Order dated 04/24/98. (For further detail see order.) Mailed notice (jmp) (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

29

MOTION by defendant to reconsider of 04/24/98 (Attachment); Notice of motion (jmp) (Entered: 08/19/1998)

July 31, 1998

July 31, 1998

SCHEDULE set on 8/11/98 by Hon. W. Thomas Rosemond Jr. : Status hearing set to 10:00 a.m. 8/25/98 . Mailed notice (ldg) (Entered: 08/11/1998)

Aug. 11, 1998

Aug. 11, 1998

28

MEMORANDUM by intervenor USA in opposition to defendants' motion under Rule 59(e) to reconsider [9-1] (Exhibits) (jmp) (Entered: 08/17/1998)

Aug. 14, 1998

Aug. 14, 1998

30

MINUTE ORDER of 8/18/98 by Hon. Charles P. Kocoras : Defendants' motion to reconsider of 04/24/98 is denied [29-1] without prejudice. Mailed notice (jmp) (Entered: 08/19/1998)

Aug. 18, 1998

Aug. 18, 1998

32

MINUTE ORDER of 8/26/98 by Hon. W. Thomas Rosemond Jr. : Status hearing held August 25th. All fact discovery shall close on 12/08/98. Hearing set for 10:00 a.m. on January 5th and 6th 1999. Mailed notice (jmp) (Entered: 09/01/1998)

Aug. 26, 1998

Aug. 26, 1998

34

MOTION by intervenor plaintiff George Peter Jr to compel discovery ; Notice of motion (jmp) Modified on 09/21/1998 (Entered: 09/21/1998)

Sept. 15, 1998

Sept. 15, 1998

35

EXHIBITS to intervenor-plaintiff's motion to compel by intervenor plaintiff George Peter Jr (jmp) (Entered: 09/21/1998)

Sept. 15, 1998

Sept. 15, 1998

33

MINUTE ORDER of 9/17/98 by Hon. Charles P. Kocoras : Brief in opposition to "Intervenor-plaintiff's motion to compel discovery due 10/02/98. reply, if deemed necessary, due 10/14/98. Mailed notice (jmp) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

36

RESPONSE by defendants' to intervenor-plaintiff's motion to compel discovery [34-1] (Exhibits); Notice of filing (jmp) (Entered: 10/02/1998)

Oct. 1, 1998

Oct. 1, 1998

37

RESPONSE by defendant to intervenor-plaintiff's motion to compel discovery [34-1] (Exhibits); Notice of filing (jmp) (Entered: 10/05/1998)

Oct. 1, 1998

Oct. 1, 1998

39

MOTION by defendant for protective order (Attachments); Notice of motion (jmp) (Entered: 10/20/1998)

Oct. 2, 1998

Oct. 2, 1998

40

AGREED MOTION by intervenor plaintiff George Peter Jr for leave to file memorandum in excess of 15 pages (Exhibits); Notice of motion (jmp) (Entered: 10/21/1998)

Oct. 14, 1998

Oct. 14, 1998

38

COMBINED REPLY MEMORANDUM by intervenor plaintiff in support of intervenor-plaintiff's motion to compel discovery [34-1] and memorandum in opposition to defendants' motion for protective order (Exhibits); Notice of filing (jmp) Modified on 10/19/1998 (Entered: 10/19/1998)

Oct. 15, 1998

Oct. 15, 1998

41

MINUTE ORDER of 10/20/98 by Hon. Charles P. Kocoras : intervenor- plaintiff's agreed motion for leave to [40-1] file memorandum in excess of 15 pages is granted [40-2]. Mailed notice (jmp) (Entered: 10/21/1998)

Oct. 20, 1998

Oct. 20, 1998

44

MOTION by defendants for leave to file defendants' response in excess of 15 pages to intervenor-plaintiff's combined reply memorandum in support of his motion to compel discovery and in opposition to defendants' motion for protective order (Attachment); Notice of motion (jmp) (Entered: 11/06/1998)

Oct. 27, 1998

Oct. 27, 1998

42

ATTORNEY APPEARANCE for defendant Warren Wols by Diann K. Marsalek and Richard J Siegel (jmp) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

43

RESPONSE by intervenor plaintiff George Peter Jr to defendants' motion for leave to file brief in excess of 15 pages (Exhibit) (jmp) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

45

MINUTE ORDER of 11/5/98 by Hon. Charles P. Kocoras : Defendants' "motion for leave to file defendants' response [44-1] in excess of 15 pages to intervenor-plaintiff's combined reply memorandum in support of his motion to compel discovery and in opposition to defendants' motion for protective order [44-2]" taken under advisement. Mailed notice (jmp) (Entered: 11/06/1998)

Nov. 5, 1998

Nov. 5, 1998

46

MOTION by defendants to dismiss or terminate Grant of intervention , or, in the alternative, to limit Evidentiary Hearing (Exhibits); Notice of motion (eav) (Entered: 11/13/1998)

Nov. 6, 1998

Nov. 6, 1998

47

PRELIMINARY RESPONSE by intervenor plaintiff to defendants' motion to dismiss or terminate Grant of intervention, or in the alternative, [46-1] to limit Evidentiary Hearing [46-2] (Exhibit) (eav) (Entered: 11/13/1998)

Nov. 12, 1998

Nov. 12, 1998

48

MINUTE ORDER of 11/12/98 by Hon. W. Thomas Rosemond Jr. : "Defendants' Motion to Dismiss or terminate Grant of interventioin, or, in the alternative, [46-1] to limit Evidentiary Hearing" struck in open-court based on the arguments of counsel. [46-2] Mailed notice (eav) (Entered: 11/13/1998)

Nov. 12, 1998

Nov. 12, 1998

49

MOTION by defendant to extend discovery and to continue hearing date ; Notice of motion (jmp) (Entered: 12/16/1998)

Dec. 10, 1998

Dec. 10, 1998

50

MINUTE ORDER of 12/15/98 by Hon. W. Thomas Rosemond Jr. : Defendants' motion to extend discovery [49-1] and to continue hearing date granted [49-2] in open court. Discovery is hereby stayed until all pending motions are resolved, at which time the Court will schedule a status for purposes of setting a discovery schedule. Mailed notice (jmp) (Entered: 12/16/1998)

Dec. 15, 1998

Dec. 15, 1998

51

MINUTE ORDER of 9/17/99 by Hon. W. Thomas Rosemond Jr. : "Defendants' motion for leave to file defendants' response [44-1] in excess of 15 pages to intervenor-plaintiff's combined reply memorandum in support of his motion to compel discovery and in opposition to defendants' motion for protective order" is hereby granted. [44-2] Mailed notice (hp) (Entered: 09/21/1999)

Sept. 17, 1999

Sept. 17, 1999

52

MINUTE ORDER of 9/17/99 by Hon. W. Thomas Rosemond Jr. : "Plaintiff's motion to compel discovery" is granted. [34-1] Contrary to defendants' contentions the injunction at issue applies to all inmates of each and every adult institution within the Illinois Department of Corrections' purview. As the prevailing party in a Rule 37 discovery dispute, counsel for plaintiff are awarded their attorneys' fees. Mailed notice (hp) (Entered: 09/21/1999)

Sept. 17, 1999

Sept. 17, 1999

53

MINUTE ORDER of 9/17/99 by Hon. W. Thomas Rosemond Jr. : "Defendants' motion for protective order" is denied per attached order. [39-1] (Entered order.) Mailed notice (hp) (Entered: 09/21/1999)

Sept. 17, 1999

Sept. 17, 1999

56

MOTION by defendants to stay discovery pending ruling on Magistrate's Recommendation ; Notice (hp) (Entered: 10/05/1999)

Sept. 28, 1999

Sept. 28, 1999

54

OBJECTIONS by intervenor-plaintiff to motion to stay discovery pending ruling on defendants objections to Magistrate Judge's discovery order (Attachments) (hp) (Entered: 10/04/1999)

Oct. 1, 1999

Oct. 1, 1999

55

OBJECTIONS by defendants to Magistrate's Recommendation of September 17, 1999, docketed by the Clerk's Office on September 21, 1999 denying defendants' motion for protective order, granting plaintiff's motion to compel discovery, and awarding attorneys' fees to plaintiff; Notice (hp) (Entered: 10/04/1999)

Oct. 1, 1999

Oct. 1, 1999

57

MINUTE ORDER of 10/4/99 by Hon. Charles P. Kocoras : Defendants' motion to stay discovery pending ruling on the Magistrate's Recommendation is granted. [56-1] Plaintiff given to and including 10/25/99 in which to file answers to defendants objections to Magistrate Judge's discovery order; and defendants are given to and including 11/08/99 in which to file a reply. Ruling date of 11/18/99 set in open court is stricken. Ruling on objections to the Magistrate's Recommendation is set for 11/24/99 at 9:30 a.m. Mailed notice (hp) (Entered: 10/05/1999)

Oct. 4, 1999

Oct. 4, 1999

58

MINUTE ORDER of 10/14/99 by Hon. W. Thomas Rosemond Jr. : Status held 10/14/99. Only defendants appeared. The purpose of the status was to determine whether or not an evidentiary hearing was necessary in light of the November 1987 ban, or whether the issue could be considered as a matter of law. Because plaintiffs did not appear, the matter could not be discussed. Mailed notice (hp) (Entered: 10/15/1999)

Oct. 14, 1999

Oct. 14, 1999

59

AGREED MOTION by intervenor plaintiff George Peter Jr for leave to file memorandum in excess of 15 pages ; Notice of motion; Memorandum in opposition (eav) (Entered: 11/02/1999)

Oct. 25, 1999

Oct. 25, 1999

60

APPENDIX OF EXHIBITS by intervenor plaintiff George Peter Jr motion to memorandum in opposition [59-1] (eav) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

61

MINUTE ORDER of 11/1/99 by Hon. Charles P. Kocoras : Intervenor- Plaintiff's agreed motion for leave to file memorandum in excess of 15 pages, granted. [59-1] Telephoned notice (eav) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

62

REPLY by defendants Donald N Snyder and James Page to intervenor- plaintiff's memorandum in opposition to defendants' objections to the recommendation of the magistrate judge granting plaintiff's motion to compel discovery and denying defendants' cross-motion for a protective order [55-1]; Notice (fce) Modified on 11/15/1999 (Entered: 11/10/1999)

Nov. 5, 1999

Nov. 5, 1999

63

TRANSCRIPT of proceedings for the following date(s): 10/14/99 Before Honorable W. Thomas Rosemond, Jr. (hp) (Entered: 11/22/1999)

Nov. 19, 1999

Nov. 19, 1999

64

MOTION by defendant to amend , or to clarify order of referral (Attachments); Notice of motion. (dmkf) (Entered: 11/26/1999)

Nov. 22, 1999

Nov. 22, 1999

65

RESPONSE by intervenor plaintiff George Peter Jr. to defendants' motion to amend [64-1], motion to clarify order of referral [64-2] (dmkf) (Entered: 11/26/1999)

Nov. 24, 1999

Nov. 24, 1999

66

MINUTE ORDER of 11/24/99 by Hon. Charles P. Kocoras : Defendants' motion to amend [64-1], or to clarify order of referral is denied [64-2]. All of the objections to the rulings of the Magistrate Judge are sustained, including the award of attorneys fees and costs. The referral to the Magistrate Judge is hereby terminated. Status hearing set for 1/26/00 at 9:30a.m. Mailed notice (dmkf) (Entered: 11/26/1999)

Nov. 24, 1999

Nov. 24, 1999

67

TRANSCRIPT of proceedings for the following date(s): 08/25/98, 09/17/98, 10/15/98, 12/05/98, 12/15/98 and 11/24/99 Before Honorable W. Thomas Rosemond, Jr. (6 Vols: 67-1 thru 67-6) (hp) (Entered: 12/30/1999)

Dec. 29, 1999

Dec. 29, 1999

68

JOINT MOTION by intervenor plaintiff and defendants for extension of time to complete discovery ; Notice (hp) (Entered: 01/28/2000)

Jan. 24, 2000

Jan. 24, 2000

SCHEDULE set on 1/25/00 by Hon. Charles P. Kocoras : Status hearing reset to 9:30 1/27/00 . Telephone notice (sct) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

69

MINUTE ORDER of 1/27/00 by Hon. Charles P. Kocoras : Status hearing held and continued to 03/22/00 at 9:30 a.m. Joint motion for an extension of time to complete discovery is granted to 03/22/00. [68-1] Mailed notice (hp) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

77

MOTION by defendants for a protective order quashing intervenor- plaintiff's notices of depositions and striking request for production of documents related to transfer (Attachments); Notice (hp) (Entered: 03/16/2000)

Feb. 28, 2000

Feb. 28, 2000

70

RESPONSE by intervenor-plaintiff to response to defendants' motion for a protective order (hp) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

71

EXHIBITS by intervenor-plaintiff to its motion to compel production of documents regarding (1) defendants' recently revised policies and (2) whether defendants followed their asserted policies (one volume) (hp) (Entered: 03/07/2000)

March 6, 2000

March 6, 2000

78

MOTION by intervenor plaintiff George Peter Jr to compel two limited depositions regarding the purported "Reiteration" of defendants' policies (Attachment); Notice (hp) (Entered: 03/16/2000)

March 6, 2000

March 6, 2000

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 11, 1971

Closing Date: June 27, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at an Illinois correctional institution alleging that he had been denied access to various publications in violation of his First Amendment rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Illinois DOC, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1973 - 2001

Issues

General:

Mail

Jails, Prisons, Detention Centers, and Other Institutions:

Library (non-law) access

Type of Facility:

Government-run