University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Morrison v. Hall PC-OR-0003
Docket / Court 93-6383 ( D. Or. )
State/Territory Oregon
Case Type(s) Prison Conditions
Case Summary
On November 23, 1993, an inmate at the Oregon State Penitentiary filed a lawsuit pro se under 42 U.S.C. 1983 against the Oregon Department of Corrections in the U.S. District Court for the District of Oregon. The plaintiff alleged that his constitutional rights had been violated by the mail ... read more >
On November 23, 1993, an inmate at the Oregon State Penitentiary filed a lawsuit pro se under 42 U.S.C. 1983 against the Oregon Department of Corrections in the U.S. District Court for the District of Oregon. The plaintiff alleged that his constitutional rights had been violated by the mail regulations at the prison, which resulted in the prison returning a magazine that the inmate received back to the publisher.

On April 27, 1995, the U.S. District Court for the District of Oregon (Judge Michael R. Hogan) granted summary judgment to the defendants. The plaintiff appealed. On December 19, 1996, the U.S. Court of Appeals for the Ninth Circuit issued an unsigned opinion affirming the district court's decision with respect to qualified immunity and damages, but vacating the part of the opinion that denied the plaintiff injunctive and declaratory relief. Morrison v. Hall, No. 95-35470, 1996 WL 742463 (9th Cir.(Or.) Dec. 19, 1996). The case was remanded back to the district court. The plaintiff appealed. On October 6, 1997, the U.S. Supreme Court denied the petition for writ of certiorari. Morrison v. Hall, 522 U.S. 829 (1997). The plaintiff petitioned for rehearing. On December 15, 1997, the U.S. Supreme declined to rehear the petition. Morrison v. Hall, 522 U.S. 1036 (1997).

On April 3, 1998, the district court (Judge Hogan) granted the defendants' motion for summary judgment and dismissed the case with prejudice. The plaintiff appealed. On August 17, 2001, the Ninth Circuit (Judge Harry Pregerson) affirmed the district court's decision regarding addressing requirements for prison mail, reversed the district court's decision regarding other mail regulations, and remanded the case for further consideration. Morrison v. Hall, 261 F.3d 896 (9th Cir. 2001).

On March 29, 2002, the plaintiff asked the district court to award him his costs incurred during the litigation, and on July 29, 2002, the district court (Judge Hogan) granted the request, ordering the defendants to pay the plaintiff $692.33 in litigation costs.

On April 1, 2002, the district court (Judge Hogan) granted the plaintiff's request for injunctive relief, held that the relief had already been granted by the prison's newly propagated mail rules, and dismissed the case.

Kristen Sagar - 07/11/2006


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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 42 U.S.C. ยง 1983
Defendant(s) Oregon State Penitentiary
Plaintiff Description State inmate challenging constitutionality of prison mail regulations under First Amendment
Indexed Lawyer Organizations None on record
Class action status sought No
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 2002 - 2002
Case Closing Year 2002
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)
94-6383 (D. Or.) 09/28/1998
PC-OR-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
93-6383 (D. Or.) 08/09/2002
PC-OR-0003-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum 12/19/1996 (105 F.3d 665)
PC-OR-0003-0002.pdf | WESTLAW| LEXIS | Detail
Memorandum Decision 10/06/1997 (522 U.S. 829)
PC-OR-0003-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Memorandum Decision 12/15/1997 (522 U.S. 1036)
PC-OR-0003-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Reported Opinion 08/17/2001 (261 F.3d 896)
PC-OR-0003-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Canby, William Cameron Jr. (Ninth Circuit)
PC-OR-0003-0002
Coffin, Thomas M. (D. Or.) [Magistrate]
PC-OR-0003-9000
Hogan, Michael Robert (D. Or.) [Magistrate]
PC-OR-0003-9001
Kleinfeld, Andrew Jay (Ninth Circuit, D. Alaska) [Magistrate]
PC-OR-0003-0002
Pregerson, Dean D. (C.D. Cal.)
PC-OR-0003-0001
Rymer, Pamela Ann (C.D. Cal., Ninth Circuit)
PC-OR-0003-0002
Monitors/Masters None on record
Plaintiff's Lawyers Johns, Margaret Z. (California)
PC-OR-0003-0001
Defendant's Lawyers Kulongoski, Theodore R. (Oregon)
PC-OR-0003-9001
Linder, Virginia L. (Oregon)
PC-OR-0003-9001
Londahl, Jan Peter (Oregon)
PC-OR-0003-9000 | PC-OR-0003-9001
McDonald, Kaye E (Oregon)
PC-OR-0003-0001
Reynolds, Michael D. (Oregon)
PC-OR-0003-9001
Williamson, Leonard W. (Oregon)
PC-OR-0003-9001
Other Lawyers None on record

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