University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Prison Legal News v. Schumacher PC-OR-0007
Docket / Court 3:02-cv-00428-MA ( D. Or. )
State/Territory Oregon
Case Type(s) Prison Conditions
Case Summary
On April 2, 2002, the Prison Legal News (PLN) filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against the Oregon Department of Corrections (ODOC), alleging that the defendants' inmate mail policy, as applied to subscription non-profit publications, ... read more >
On April 2, 2002, the Prison Legal News (PLN) filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against the Oregon Department of Corrections (ODOC), alleging that the defendants' inmate mail policy, as applied to subscription non-profit publications, violated due process and the First Amendment rights of both the inmates and the non-profit publisher. This case followed a similar federal court action that PLN filed against the ODOC. See Prison Legal News v. Cook, 238 F.3d 1145 (9th Cir. 2001)( located at PC-OR-4).

Prior to the filing of any substantive motions, the case was settled. On January 31, 2003, the District Court (Judge Malcolm F. Marsh) approved the Stipulation of Dismissal and Settlement Agreement and dismissed the case with prejudice. The Court retained jurisdiction over the case for purposes of enforcing this Settlement Agreement for one year.

Under the terms of the Settlement Agreement, the ODOC acknowledged that the PLN magazine was a permitted type of mail and that PLN was an approved book distributor/vendor. The ODOC agreed to purchase and maintain in all prison libraries the monthly PLN magazine for a period of two years. The ODOC also agreed to pay PLN $15,500 and to pay its attorneys' fees and costs of approximately $40,000.00.

According to the PACER docket, the case remained closed following dismissal.

Dan Dalton - 05/17/2007


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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. § 1983
Defendant(s) Oregon Department of Corrections
Plaintiff Description Prisoners and publisher of non-profit newsletter challenging corrections department's policy of prohibiting receipt of standard rate mail, including subscription non-profit organization mail
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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2003
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 ]

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

Docket(s)
3:02-cv-00428-MA (D. Or.) 01/31/2003
PC-OR-0007-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
USCA Opinion 02/07/2001 (238 F.3d 1145)
PC-OR-0007-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Stipulation of Dismissal and Settlement Agreement 01/29/2003
PC-OR-0007-0001 PDF | Detail
Judges Beezer, Robert R. (Ninth Circuit)
PC-OR-0007-0002
Graber, Susan (Ninth Circuit)
PC-OR-0007-0002
Rymer, Pamela Ann (C.D. Cal., Ninth Circuit)
PC-OR-0007-0002
Monitors/Masters None on record
Plaintiff's Lawyers Blackman, Marc D. (Oregon)
PC-OR-0007-0001 | PC-OR-0007-9000
Gendler, Michael W. (Washington)
PC-OR-0007-0001 | PC-OR-0007-9000
Stiltner, Samuel J. (Washington)
PC-OR-0007-0002
Defendant's Lawyers Hutchins, Christina M. (Oregon)
PC-OR-0007-0002
Larsen, Lynn David (Oregon)
PC-OR-0007-9000
Williamson, Leonard W. (Oregon)
PC-OR-0007-0001 | PC-OR-0007-9000
Other Lawyers None on record

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