University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Prison Legal News v. Millard County JC-UT-0002
Docket / Court 2:01-cv-00580-TS ( D. Utah )
State/Territory Utah
Case Type(s) Jail Conditions
Case Summary
On July 30, 2001, Prison Legal News (PLN) filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, challenging Millard County Jail's "no publications policy" which barred inmates from receiving PLN's publications. PLN was represented by attorneys with the ... read more >
On July 30, 2001, Prison Legal News (PLN) filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, challenging Millard County Jail's "no publications policy" which barred inmates from receiving PLN's publications. PLN was represented by attorneys with the Utah Legal Clinic.

This case was one of several lawsuit instituted by PLN over the years, challenging prison mail restrictions on First Amendment grounds. See e.g., PC-OR-4, PC-AL-24, PC-WA-8, PC-MI-22, JC-UT-1.

Shortly after filing of the lawsuit, Millard County Jail made a Rule 68 Offer of Judgment to settle the case for the sum of $300.00 plus attorneys' fees and costs. PLN accepted the offer. On January 7, 2002, the District Court (Judge Ted Stewart) entered Judgment that all claims arising out of the pleadings were dismissed with prejudice. PLN then moved to amend the judgment. On April 23, 2002, the District Court vacated its January 7, 2002 and entered an amended Judgment and Order against the defendant for the sum of $300.00 plus attorneys' fees and costs, noting that the Judgment had already been satisfied. Per the amended Judgment and Order, all claims were dismissed with prejudice.

Note that our collection of documents for this case includes one titled "Stipulation for Settlement." It appears from the PACER docket that the parties did not execute that document and its terms were not made part of the settlement of the case.

Dan Dalton - 04/25/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Millard County Jail
Plaintiff Description A Washington non-profit corporation that publishes and distributes nation-wide a monthly magazine known as Prison Legal News
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Confession of Judgment
Order Duration not on record
Case Closing Year 2002
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Links Prison Legal News Homepage
Prison Legal News
By: Prison Legal News
[ Detail ] [ External Link ]

Docket(s)
2:01-cv-00580-TS (D. Utah) 04/23/2002
JC-UT-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/30/2001
JC-UT-0002-0001 PDF | Detail
Settlement Stipulation 09/01/2001
JC-UT-0002-0002 PDF | Detail
Judgment and Order 04/23/2002 (D. Utah)
JC-UT-0002-0003 PDF | Detail
Judges Stewart, Brian Theadore (D. Utah)
JC-UT-0002-0003 | JC-UT-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Barnard, Brian M. (Utah)
JC-UT-0002-0001 | JC-UT-0002-0002 | JC-UT-0002-9000
Harris, James L. Jr. (Utah)
JC-UT-0002-0001 | JC-UT-0002-9000
Defendant's Lawyers Mylar, Frank D. (Utah)
JC-UT-0002-0002 | JC-UT-0002-9000
Other Lawyers None on record

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