University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Prison Legal News v. Chelan County PC-WA-0022
Docket / Court 2:11-cv-00337 ( E.D. Wash. )
State/Territory Washington
Case Type(s) Jail Conditions
Special Collection Prison Legal News
Case Summary
On November 9, 2011, Prison Legal News (PLN) filed a lawsuit in the United States District Court of the Eastern District of Washington under 28 U.S.C. §§ 1331, 1343, 2201, and 2202 against Chelan County Sheriff's Office. PLN noted specific individuals that had asked to receive PLN materials and ... read more >
On November 9, 2011, Prison Legal News (PLN) filed a lawsuit in the United States District Court of the Eastern District of Washington under 28 U.S.C. §§ 1331, 1343, 2201, and 2202 against Chelan County Sheriff's Office. PLN noted specific individuals that had asked to receive PLN materials and had been denied by the Sheriff's Office once the books/publications had arrived. There was no opportunity for PLN to appeal these decisions or receive further information about them. PLN claimed that their right to freedom of expression had been denied as well as their right to due process once the books were returned.

On December 1, 2011, the District Court Judge ordered in a consent decree that defendants' mail policy was a violation of the First Amendment and due process. The court ordered the defendants to stop rejecting books simply based on whether they were subscriptions or paperback books and without due process notice of rejection. The defendants were also ordered to pay $180,000 in damages.

Deeva Shah - 10/02/2014


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Freedom of speech/association
Content of Injunction
Discrimination Prohibition
Defendant-type
Corrections
General
Conditions of confinement
Library (non-law) access
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Chelan County
Chelan County Sheriff's Office
Plaintiff Description Publisher of a monthly magazine and distributor of books- focused on informing incarcerated individuals of their rights.
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - n/a
Case Closing Year 2011
Case Ongoing Yes
Additional Resources
click to show/hide detail
  Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Date: Jun. 4, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
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
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

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

Docket(s)
2:11−cv−00337 (E.D. Wash.)
PC-WA-0022-9000.pdf | Detail
Date: 12/01/2011
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
PC-WA-0022-0001.pdf | Detail
Date: 09/09/2011
Plaintiff's motion for Preliminary Injunction and Memorandum in support [ECF# 6]
PC-WA-0022-0003.pdf | Detail
Date: 10/17/2011
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 52] (E.D. Wash.)
PC-WA-0022-0002.pdf | Detail
Date: 12/01/2011
Source: PACER [Public Access to Court Electronic Records]
Judges Shea, Edward F. (E.D. Wash.)
PC-WA-0022-0002 | PC-WA-0022-9000
Plaintiff's Lawyers Chamberlain, Katherine (Washington)
PC-WA-0022-0001 | PC-WA-0022-0002 | PC-WA-0022-0003 | PC-WA-0022-9000
Weber, Lance (Vermont)
PC-WA-0022-9000
Wing, Jesse (Washington)
PC-WA-0022-0001 | PC-WA-0022-0002 | PC-WA-0022-0003 | PC-WA-0022-9000
Defendant's Lawyers Rowland, Milton George (Washington)
PC-WA-0022-0002 | PC-WA-0022-9000

- click to show/hide ALL -

new search
page permalink

- top of page -