On March 24, 2014, ACLU of Michigan, a not-for-profit organization dedicated to protecting individuals' constitutional rights, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against Livingston County, Livingston County's sheriff, and the County's jail administrator, under 42 U.S.C. § 1983. The plaintiff sought declaratory, injunctive, and monetary relief, and attorney's fees, alleging that the defendants violated their constitutional rights by their "postcard only" policy, which required all mail sent to the jail, except bona fide legal mail, had to be on standard white postcards with no pictures. As a result, ACLU's mail to the inmates was not delivered. The plaintiffs alleged violation of their First Amendment and Fourteenth Amendment Due Process rights.
On April 9, 2014, the plaintiffs filed motions for a temporary restraining order (TRO) and preliminary injunction. On April 11, 2014, the Court (Judge Denise Page Hood) issued an order granting the TRO and ordering the jail to deliver ACLU's mail to specifically named inmates. 2014 WL 12659924. On April 25, 2014, the Court extended the TRO until May 13, 2014. On May 15, 2014, the Court granted the plaintiff's motion for preliminary injunction. The Court reasoned that the mail sent by ACLU to the prisoners was, in fact, legal mail, and enjoined the defendants from refusing to deliver the mail to prisoners. The prison was ordered to continue delivering ACLU's mail to the prisoners, and if any prisoner was no longer in custody, the prison had to return the mail, and indicate that the intended recipient was no longer in custody. 23 F.Supp.3d 834. The defendants appealed the injunction to the Sixth Circuit Court of Appeals.
On May 16, 2014, the defendants filed a motion to stay the injunction pending the appeal. The District Court denied the motion on May 27, 2014, stating that, although the defendants will suffer some harm, the balancing of public interests weighs in favor of denying stay. 2014 WL 12662064. On July 10, 2014, the Sixth Circuit also denied the motion to stay, stating that ACLU's would likely be ruled legal mail and that the balancing of public interests weighs in favor of denying stay.
On August 11, 2015, the Sixth Circuit Court of Appeals affirmed the District Court's decision to grant a preliminary injunction for the plaintiff. The court reasoned that the preliminary injunction was appropriate on the grounds that the plaintiff was likely to succeed on their First and Fourteenth Amendment claims. 796 F.3d 636. Defendants filed a petition for writ of certiorari in response to this order, which was denied on March 4, 2016.
Shortly after, the parties began to engage in settlement discussions. The parties entered into a voluntary settlement agreement on September 23, 2016. The defendant agreed to adopt a policy treating properly labeled mail from an attorney as legal mail, regardless of whether the attorney had an attorney-client relationship with the prisoner. The defendant also adopted a policy that required notice of undelivered mail, and the opportunity to contest non-delivery. The parties stipulated to voluntary dismissal, and the case was dismissed with prejudice on September 23, 2016. The court retained jurisdiction to enforce the settlement agreement. The case is now closed.
Zhandos Kuderin - 07/29/2014
Erin Pamukcu - 02/21/2016
Elizabeth Heise - 10/18/2018
compress summary
