On November 9, 2011, Prison Legal News (PLN) filed a lawsuit in the United States District Court of the Eastern District of Washington under the Declaratory Judgment Act and § 1983 against Chelan County Sheriff's Office. Represented by the Human Rights Defense Center and private counsel, PLN noted that specific individuals had asked to receive PLN materials and had been denied them by the Sheriff's Office once the books and publications had arrived. There was no opportunity for PLN to appeal these decisions or to 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. The plaintiff requested declaratory relief, a preliminary and permanent injunction, compensatory damages, and attorneys' fees and costs.

On December 1, 2011, the District Court Judge approved a consent decree submitted by the parties, who agreed that defendants' mail policy was a violation of the First Amendment and due process. The order enjoined the defendants from 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, fees, and costs. The parties agreed to a permanent injunction and nothing has been filed in this case since December 1, 2011.

Deeva Shah - 10/02/2014
Emily Kempa - 02/21/2019


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