Case: Prison Legal News, Inc. v. Haley

2:99-cv-00486 | U.S. District Court for the Middle District of Alabama

Filed Date: May 13, 1999

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On May 13, 1999, Prison Legal News, Inc. (PLN) and inmate Aven H. Cotton filed a lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Middle District of Alabama, challenging on First Amendment grounds the Alabama Department of Corrections (DOC) policy which prohibited inmates from receiving books, magazines or newspapers unless paid for by inmate funds from Prisoner Money on Deposit accounts. Plaintiffs, who were represented by the Southern Poverty Law Center, sought declaratory and injunctive relief.

Shortly after the initiation of the lawsuit, both parties filed cross-motions for summary judgment. During the motion briefing period, the case was settled.

On March 29, 2000, the District Court (Judge Ira De Ment) entered an agreed Stipulation which set forth the terms of the settlement, including a change in DOC policy to permit inmates to receive free and gift publications. The case was then administratively closed.

Summary Authors

Dan Dalton (3/13/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11107515/parties/prison-legal-news-v-haley/


Judge(s)

DeMent, Ira (Alabama)

Attorney for Plaintiff

Brownstein, Rhonda C. (Alabama)

Cohen, J. Richard (Alabama)

Attorney for Defendant

Addison, William F. (Alabama)

Redd, Andrew Weldon (Alabama)

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Documents in the Clearinghouse

Document

2:99-cv-00486

Docket (PACER)

March 29, 2000

March 29, 2000

Docket
41

2:99-cv-00486

Stipulation

March 29, 2000

March 29, 2000

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11107515/prison-legal-news-v-haley/

Last updated Jan. 25, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; permanent injunction Filing Fee $ 150.00 Receipt # 76724 (djy) (Entered: 06/02/1999)

May 13, 1999

May 13, 1999

PACER
2

SUMMONS issued for Michael W. Haley and returned to counsel for personal service (djy) (Entered: 06/02/1999)

May 13, 1999

May 13, 1999

PACER
3

SUMMONS Returned Executed as to Michael W. Haley 5/13/99 by process server (Lynn Gomillion-legal secretary). Answer due on 6/2/99 for Michael W. Haley (djy) (Entered: 06/02/1999)

May 14, 1999

May 14, 1999

PACER

Notice of assignment to US Mag Judge mailed to counsel for plaintiff. (djy)

June 2, 1999

June 2, 1999

PACER

File referred to Mag. Judge Coody. (djy)

June 2, 1999

June 2, 1999

PACER
4

MOTION by Michael W. Haley to Transfer Venue ; referred to Mag. Judge Charles S. Coody (ajr) (Entered: 06/03/1999)

June 2, 1999

June 2, 1999

PACER
5

BRIEF by Michael W. Haley in support of [4-1] motion to Transfer Venue referred to Mag. Judge Charles S. Coody (ajr) (Entered: 06/03/1999)

June 2, 1999

June 2, 1999

PACER

"Notice of Assignment to U.S. Mag. Judge" mailed to counsel for defendant (ajr)

June 3, 1999

June 3, 1999

PACER

CASE reassigned to Judge Ira De Ment (ajr)

June 7, 1999

June 7, 1999

PACER

File referred to Judge De Ment (ajr)

June 8, 1999

June 8, 1999

PACER
6

RESPONSE by Prison Legal News, Aven H. Cotton to [4-1] motion to Transfer Venue by Michael W. Haley (with attachments); referred to Judge Ira De Ment (ajr) (Entered: 06/10/1999)

June 9, 1999

June 9, 1999

PACER
7

ORDER setting Status Conference 10:00 6/16/99 before Judge Myron H. Thompson ( signed by Judge Ira De Ment ), copies mailed and faxed to counsel. (ajr) (Entered: 06/11/1999)

June 11, 1999

June 11, 1999

PACER
8

ORDER resetting Scheduling Conference for 10:30 6/16/99 before Judge Ira De Ment ( signed by Judge Ira De Ment ), copies mailed to counsel; furnished to RL, DH, HC. (ajr) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

PACER
9

MOTION by Prison Legal News, Aven H. Cotton for to Appear Pro Hac Vice FILING FEE $ 10.00 RECEIPT # 77161 referred to Judge Ira De Ment (ajr) (Entered: 06/17/1999)

June 16, 1999

June 16, 1999

PACER

Stamped ORDER granting [9-1] motion for to Appear Pro Hac Vice FILING FEE $ 10.00 RECEIPT # 77161 ( by Judge Ira De Ment ), copies mailed to counsel; furnished to RL. (war)

June 17, 1999

June 17, 1999

PACER
10

ORDER setting Status Conference 2:00 7/8/99 before Judge Ira De Ment ( signed by Judge Ira De Ment ), copies mailed and faxed to counsel. (ajr) (Entered: 06/30/1999)

June 30, 1999

June 30, 1999

PACER
11

MEMORANDUM OPINION AND ORDER denying [4-1] motion to Transfer Venue ( signed by Judge Ira De Ment ), copies mailed to counsel (ajr) (Entered: 07/09/1999)

July 9, 1999

July 9, 1999

PACER
12

ANSWER to Complaint by Michael W. Haley; referred to Mag. Judge Charles S. Coody (ajr) (Entered: 07/22/1999)

July 21, 1999

July 21, 1999

PACER
13

SCHEDULING ORDER setting Rule 16 Pretrial Conference for 11/30/99 before Judge Ira De Ment Motion Filing deadline on 8/31/99 ; Discovery cutoff 11/16/99 ; set amended pleading deadline for 10/9/99 Non-jury trial set for 1/10/00 before Judge Ira De Ment; Mediation Notice deadline on 11/4/99; form AO 85 attached (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL, YG, HC. (ajr) (Entered: 07/26/1999)

July 26, 1999

July 26, 1999

PACER
14

MOTION by Michael W. Haley for Summary Judgment referred to Judge Ira De Ment (ajr) (Entered: 09/02/1999)

Sept. 1, 1999

Sept. 1, 1999

PACER
15

BRIEF by Michael W. Haley in support of [14-1] motion for Summary Judgment (exhibits 1 and 2 attached); referred to Judge Ira De Ment (ajr) (Entered: 09/02/1999)

Sept. 1, 1999

Sept. 1, 1999

PACER
16

ORDER Response to Motion set to 9/23/99 for [14-1] motion for Summary Judgment, setting reply brief deadline for 9/30/99 for Michael W. Haley [14-1] motion for Summary Judgment by Michael W. Haley set for submission on 9/30/99 (signed by Judge Ira De Ment), copies mailed to counsel. (ajr) (Entered: 09/09/1999)

Sept. 9, 1999

Sept. 9, 1999

PACER
17

MOTION by Prison Legal News, Aven H. Cotton for leave to delay filing a response to defendant's motion for summary judgment until after the completion of discovery referred to Judge Ira De Ment (ajr) (Entered: 09/14/1999)

Sept. 13, 1999

Sept. 13, 1999

PACER
18

Witness list by Prison Legal News (Exhibits A-E attached); referred to Judge De Ment (ajr) (Entered: 09/16/1999)

Sept. 15, 1999

Sept. 15, 1999

PACER
19

JOINT MOTION by Prison Legal News, Aven H. Cotton, Michael W. Haley to continue pretrial conference and trial date referred to Judge Ira De Ment (ajr) (Entered: 09/21/1999)

Sept. 20, 1999

Sept. 20, 1999

PACER

Stamped ORDER denying as moot [17-1] motion for leave to delay filing a response to defendant's motion for summary judgment until after the completion of discovery ( by Judge Ira De Ment ), copies mailed to counsel. (ajr)

Sept. 23, 1999

Sept. 23, 1999

PACER
20

ORDER granting [19-1] joint motion to continue pretrial conference and trial date ; resetting Scheduling Order Deadlines: Pretrial Conference for 4/4/00 before Judge Ira De Ment; Non-jury trial set for 5/8/00 before Judge Ira De Ment ; (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL, YG, HC. (ajr) (Entered: 09/23/1999)

Sept. 23, 1999

Sept. 23, 1999

PACER
21

Notice Concerning Settlement Conference and Mediation filed by Prison Legal News, Aven H. Cotton referred to Judge Ira De Ment (ajr) (Entered: 09/28/1999)

Sept. 27, 1999

Sept. 27, 1999

PACER
22

MOTION by Prison Legal News, Aven H. Cotton to Amend [1-1] complaint (amended complaint attached); referred to Judge Ira De Ment (ajr) (Entered: 10/14/1999)

Oct. 13, 1999

Oct. 13, 1999

23

ORDER TO SHOW CAUSE why motion for leave to amend complaint should not be granted; Response to Order to Show Cause due on 11/1/99 for Michael W. Haley, setting reply brief deadline for 11/8/99 for Aven H. Cotton, for Prison Legal News (signed by Judge Ira De Ment), copies mailed to counsel. (ajr) (Entered: 10/18/1999)

Oct. 18, 1999

Oct. 18, 1999

PACER
24

RESPONSE by Michael W. Haley in opposition to [22-1] motion to Amend [1-1] complaint by Aven H. Cotton, Prison Legal News referred to Judge Ira De Ment (ajr) (Entered: 11/03/1999)

Nov. 2, 1999

Nov. 2, 1999

PACER
25

RESPONSE by Prison Legal News to [24-1] opposition response by Michael W. Haley referred to Mag. Judge Charles S. Coody (ajr) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

PACER
26

MEMORANDUM OPINION AND ORDER granting [22-1] motion to Amend [1-1] complaint ( signed by Judge Ira De Ment ), copies mailed to counsel (ajr) (Entered: 11/10/1999)

Nov. 10, 1999

Nov. 10, 1999

PACER
27

AMENDED COMPLAINT by Prison Legal News amending [1-1] complaint (ajr) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
28

CROSS-MOTION by Prison Legal News, Aven H. Cotton for Summary Judgment (Exhibits 1-27 maintained in separate binder with file); referred to Mag. Judge Charles S. Coody (ajr) (Entered: 01/07/2000)

Jan. 6, 2000

Jan. 6, 2000

PACER
29

BRIEF by Prison Legal News, Aven H. Cotton in support of [28-1] motion for Summary Judgment referred to Mag. Judge Charles S. Coody (ajr) (Entered: 01/07/2000)

Jan. 6, 2000

Jan. 6, 2000

PACER
30

ORDER, dfts' Response to Motion set to 1/24/00 for [28-1] motion for Summary Judgment, set reply brief deadline for 1/31/00 for Aven H. Cotton, for Prison Legal News [28-1] motion for Summary Judgment by Aven H. Cotton, Prison Legal News set for submission on 1/31/00 ( signed by Judge Ira De Ment ), copies mailed to counsel; furn: rl. (vmc) (Entered: 01/11/2000)

Jan. 11, 2000

Jan. 11, 2000

PACER
31

MOTION by Prison Legal News, Aven H. Cotton to substitute original affidavit for unsigned copy referred to Judge Ira De Ment (ajr) (Entered: 01/20/2000)

Jan. 19, 2000

Jan. 19, 2000

PACER

Stamped ORDER granting [31-1] motion to substitute original affidavit for unsigned copy ( by Judge Ira De Ment ), copies mailed to counsel. (ajr)

Jan. 24, 2000

Jan. 24, 2000

PACER
32

BRIEF by Michael W. Haley in opposition to [28-1] motion for Summary Judgment (exhibit 6 attached); referred to Judge Ira De Ment (ajr) Modified on 01/27/2000 (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

PACER
33

REBUTTAL by Michael W. Haley to response to [14-1] motion for Summary Judgment by Michael W. Haley (exhibits 3-5 attached); referred to Judge Ira De Ment (ajr) Modified on 01/26/2000 (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

PACER

Stamped ORDER granting [34-1] motion to supplement [33-1] response reply by Michael W. Haley, [32-1] brief in opposition by Michael W. Haley ( by Judge Ira De Ment ), copies mailed to counsel; furnished to RL. (war)

Jan. 27, 2000

Jan. 27, 2000

PACER
36

SUPPLEMENT TO REBUTTAL by Michael W. Haley to response to [14-1] motion for Summary Judgment by Michael W. Haley (w/attachments), referred to Judge Ira De Ment (war) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

PACER

Stamped ORDER granting [35-1] motion to substitute original affidavit for faxed copy which was attached to [32-1] brief in opposition by Michael W. Haley ( by Judge Ira De Ment ). Copies mailed to counsel. (djy)

Jan. 28, 2000

Jan. 28, 2000

PACER
37

BRIEF by Prison Legal News, Aven H. Cotton in support of [28-1] motion for Summary Judgment referred to Judge Ira De Ment (ajr) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

PACER
38

NOTICE of Attorney Appearance for Prison Legal News, Aven H. Cotton by Peter John Tepley (ajr) (Entered: 02/29/2000)

Feb. 28, 2000

Feb. 28, 2000

PACER
39

ORDER setting Scheduling Order Deadlines: Pretrial Conference for 10:30 4/2/00 before Judge Ira De Ment; Proposed Pretrial Order due 3/27/00; Jury Trial set for 5/8/00 before Judge Ira De Ment; (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL, YG, HC . (ajr) (Entered: 03/02/2000)

March 2, 2000

March 2, 2000

PACER

Deadline updated; setting Pretrial Conference for 10:30 4/4/00 before before Judge Ira De Ment (ajr)

March 7, 2000

March 7, 2000

PACER
40

Witness list by Prison Legal News, Aven H. Cotton; referred to Judge De Ment (ajr) (Entered: 03/15/2000)

March 14, 2000

March 14, 2000

PACER
41

ORDER (STIPULATION) that in order to resolve this lawsuit the defendant agrees to permit inmates to receive free and gift publications as further set out; (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL, HC, YG (ajr) (Entered: 03/29/2000)

March 29, 2000

March 29, 2000

Clearinghouse

Case closed (ajr)

March 29, 2000

March 29, 2000

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 13, 1999

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison Legal News, Inc. challenging the policy prohibiting inmates from receiving books, magazines, or newspapers unless they have been paid for with funds from inmates' Prisoner Money on Deposit

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

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: 2000 - 0

Issues

General:

Mail

Type of Facility:

Government-run