On July 19, 2007, a prisoner at Wisconsin's Waupun Correctional Institution filed this lawsuit in the United States District Court for the Western District of Wisconsin against the Wisconsin Department of Justice. The pro se plaintiff sued under 42 U.S.C. § 1983 and alleged violations of his First Amendment rights. Specifically, the plaintiff alleged that the defendants unconstitutionally refused to deliver him the March 22, 2007 edition of The New Abolitionist, a newsletter critical of Wisconsin prison officials. The edition of the newsletter that was withheld from the plaintiff contained, among other things, a report on a recent forum on “Wisconsin’s Correctional Future,” news stories about prisoner lawsuits that had settled, and a list of contact information for prisoner rights advocates. The plaintiff sought compensatory and punitive damages, as well as injunctive relief.

Under the 1996 Prison Litigation Reform Act, Judge Barbara Crabb was required to screen the plaintiff’s claim and to dismiss any frivolous claims. She found that the plaintiff’s First Amendment claims were non-frivolous, and granted the plaintiff leave to proceed on August 21, 2007. 2007 WL 5325393. On May 23, 2008 the court granted the plaintiff's motion for summary judgment, ordering prison officials to immediately deliver him a copy of the publication. 557 F. Supp. 2d 964. In addition, the Court scheduled a trial on damages.

However, the parties soon settled and stipulated to dismissal on July 15, 2008. The Clearinghouse does not know the terms of the settlement. The case is now closed.

Timothy Shoffner - 04/30/2013
Elizabeth Helpling - 11/13/2019


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