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Civil Rights Litigation Clearinghouse
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Case Name Stewart v. Walter PC-WA-0007
Docket / Court 2:97-cv-00281-FVS ( E.D. Wash. )
State/Territory Washington
Case Type(s) Prison Conditions
Case Summary
On July 18, 1997, a Washington state inmate brought a pro se civil rights action pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Washington, alleging that defendants violated his First Amendment rights when they refused to allow him to receive two books sent ... read more >
On July 18, 1997, a Washington state inmate brought a pro se civil rights action pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Washington, alleging that defendants violated his First Amendment rights when they refused to allow him to receive two books sent directly from the publisher and paid for by his sister. The inmate sought injunctive relief and monetary damages.

On June 30, 1998, the District Court (Judge Fred Van Sickle) granted defendant's motion for summary judgment and dismissed the case. The inmate appealed pro se.

The Ninth Circuit Court of Appeals (Circuit Judge Schroeder) reversed in part and affirmed in part. The Court cited the opinion in Crofton v. Roe, 170 F.3d 957, 959-61 (9th Cir.1999) [PC-WA-5 of this collection] in holding that the prison policy at issue violated the First Amendment and that the District Court erred in granting summary judgment on that issue. The Appeals Court affirmed on the issue of dismissal of plaintiff's damage claim. Stewart v. Walter, 188 F.3d 515(9th Cir. 1999). On remand, the District Court entered an injunction in accordance with the Ninth Circuit's opinion.

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. § 1983
Defendant(s) Washington Department of Corrections
Plaintiff Description A Washington State prisoner alleging that defendants violated his First Amendment rights when they refused to allow him to possess two books sent directly from the publisher and paid for by his sister
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 1999 - n/a
Case Closing Year 1999
Case Ongoing No
Case Listing PC-WA-0005 : Crofton v. Roe (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)
97-281 (E.D. Wash.) 10/13/1999
PC-WA-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum 08/12/1999 (188 F.3d 515)
PC-WA-0007-0001.pdf | WESTLAW| LEXIS | Detail
Judges Choy, Herbert Young Cho (Ninth Circuit)
PC-WA-0007-0001
Skopil, Otto Richard Jr. (D. Or., Ninth Circuit)
PC-WA-0007-0001
Van Sickle, Frederick L. (E.D. Wash.)
PC-WA-0007-9000
Wiggins, Charles Edward (Ninth Circuit)
PC-WA-0007-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Mentzer, Eric (Washington)
PC-WA-0007-9000
Other Lawyers None on record

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