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Case Name Crofton v. Roe PC-WA-0005
Docket / Court 95-3142 ( E.D. Wash. )
State/Territory Washington
Case Type(s) Prison Conditions
Case Summary
On October 11, 1995, a Washington state inmate brought a pro se civil rights action in the U.S. District Court for the Eastern District of Washington, challenging a prison regulation that prohibited receipt by a prisoner of any book, magazine, or other publication, unless prisoner ordered ... read more >
On October 11, 1995, a Washington state inmate brought a pro se civil rights action in the U.S. District Court for the Eastern District of Washington, challenging a prison regulation that prohibited receipt by a prisoner of any book, magazine, or other publication, unless prisoner ordered publication from publisher and paid for it out of prisoner's own prison account. The inmate sought injunctive relief and monetary damages.

Both parties filed cross-motions for summary judgment. On December 17, 1996, the District Court (Judge Lonny R. Suko) granted plaintiff's motion in part and defendant's motion in part. The Court enjoined enforcement of regulation and granted injunctive relief because the regulation barred future gifts of publications, but denied the inmate's claim for damages and held that defendant prison officials would be entitled to qualified immunity. The District Court also upheld a prison regulation that allowed inspection of all packages including publications and the requirement that books had to be purchased directly from the publisher. Both parties appealed.

The Ninth Circuit Court of Appeals (Circuit Judge Schroeder) affirmed and held that: (1) blanket prohibition on gift publications violated

First Amendment; (2) temporary delay in delivery of publications did not violate First Amendment; (3) prisoner was not entitled to

continuance; and (4) prisoner failed to make showing of contempt. Crofton V. Roe, 170 F.3d 957 (9th Cir. 1999).

We have no further information on this case.

Dan Dalton - 02/17/2007


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Issues and Causes of Action
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Issues
General
Library (non-law) access
Loss or damage to property
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Washington Department of Corrections
Plaintiff Description State prisoner challenging prison regulation that prohibited receipt by a prisoner of any book, magazine, or other publication, unless prisoner ordered publication from publisher and paid for it out of prisoner's own prison account
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 1996 - n/a
Case Closing Year n/a
Case Ongoing No
Case Listing PC-WA-0007 : Stewart v. Walter (E.D. Wash.)
PC-WA-0013 : Humanists of Washington v. Lehman (W.D. Wash.)
PC-WA-0014 : Crofton v. Spaulding (E.D. Wash.)
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)
95-3142 (E.D. Wash.) 04/22/1999
PC-WA-0005-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Re: Cross-Motions for Summary Judgment 12/17/1996 (1996 U.S.Dist.LEXIS 22770) (E.D. Wash.)
PC-WA-0005-0002 PDF | LEXIS | Detail
Document Source: LexisNexis
Reported Opinion 05/05/1999 (170 F.3d 957)
PC-WA-0005-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Schroeder, Mary Murphy (Ninth Circuit)
PC-WA-0005-0001
Suko, Lonny R. (E.D. Wash.) [Magistrate]
PC-WA-0005-0002 | PC-WA-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Gendler, Michael W. (Washington)
PC-WA-0005-0001
Defendant's Lawyers Evans, Colleen B. (Washington)
PC-WA-0005-0001 | PC-WA-0005-9000
Judge, Daniel J. (Washington)
PC-WA-0005-0001
Wyckoff, Martin E. (Washington)
PC-WA-0005-0001 | PC-WA-0005-0002 | PC-WA-0005-9000
Other Lawyers None on record

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