Case: Jackson v. Ash

2:13-cv-02504 | U.S. District Court for the District of Kansas

Filed Date: Sept. 30, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On September 30, 2013, two Wyandotte County Adult Detention Center inmates filed this lawsuit in the U.S. District Court for the District of Kansas against the Wyandotte County Sheriff, under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU of Kansas and the Social Justice Law Collective, asked the court for declaratory and injunctive relief. The plaintiffs alleged that the jail's Postcard-Only Mail policy violated their first and fourteenth amendment rights. Specifically, the plaintif…

On September 30, 2013, two Wyandotte County Adult Detention Center inmates filed this lawsuit in the U.S. District Court for the District of Kansas against the Wyandotte County Sheriff, under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU of Kansas and the Social Justice Law Collective, asked the court for declaratory and injunctive relief. The plaintiffs alleged that the jail's Postcard-Only Mail policy violated their first and fourteenth amendment rights. Specifically, the plaintiffs alleged that a policy restricting all outgoing and ingoing mail to two 5" by 7" postcards, with the text visible to all persons handling the postcard, violated their right to privacy and freedom of speech.

On November 25, 2013, the District Court (Judge Eric F. Melgren) granted the motion for class certification on behalf of all present and future inmates at the Wyandotte County Jail.

On June 26, 2014, the parties met with a private mediator. The resulting conversations between the parties lead to a settlement agreement. This was submitted to the District Court for approval on October 30, 2014. The settlement held that the plaintiffs were allowed to send and receive an unlimited number of letters in envelopes. The defendants also agreed to provide indigent inmates with sufficient writing materials to send two letters a week without cost.

On February 23, 2015, the District Court (Judge Eric F. Melgren) approved the settlement agreement and dismissed the case.

Summary Authors

Kathryn DeLong (11/7/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4267866/parties/jackson-v-ash/


Judge(s)

Melgren, Eric F. (Kansas)

Attorney for Plaintiff

Bonney, Stephen Douglas (Missouri)

Glickman, Joshua Aaron (Florida)

Attorney for Defendant

Couchman Jr., Henry E. (Kansas)

Haga, Ryan Patrick (Kansas)

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Documents in the Clearinghouse

Document

2:13-cv-02504

Docket

Jackson v. Ash

Feb. 23, 2015

Feb. 23, 2015

Docket
1

2:13-cv-02504

Class Action Complaint

Jackson v. Ash

Sept. 30, 2013

Sept. 30, 2013

Complaint
43-1

2:13-cv-02504

Settlement Agreement and Consent Decree

Oct. 30, 2014

Oct. 30, 2014

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4267866/jackson-v-ash/

Last updated Feb. 11, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

Sept. 30, 2013

Sept. 30, 2013

RECAP
2

Civil Cover Sheet

Sept. 30, 2013

Sept. 30, 2013

PACER
3

Motion to Certify Class

Sept. 30, 2013

Sept. 30, 2013

PACER
4

Memorandum in Support of Motion

Sept. 30, 2013

Sept. 30, 2013

PACER
5

ENTRY OF APPEARANCE by Patrick M. Waters on behalf of Donald Ash. (Waters, Patrick) (Entered: 10/14/2013)

Oct. 14, 2013

Oct. 14, 2013

6

Unopposed MOTION for Extension of Time to File Response as to 3 MOTION to Certify Class by Defendant Donald Ash. (Waters, Patrick) (Entered: 10/14/2013)

Oct. 14, 2013

Oct. 14, 2013

7

CLERKS ORDER EXTENDING TIME until 11/4/2013 for Defendant Donald Ash to answer or otherwise plead. Signed by deputy clerk on 10/14/2013. (mh) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

8

ORDER granting 6 Motion for Extension of Time to File Response/Reply re: 3 MOTION to Certify Class. Response deadline 11/4/2013. Signed by District Judge Eric F. Melgren on 10/15/2013. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

9

ENTRY OF APPEARANCE by Joshua A. Glickman on behalf of All Plaintiffs. (Glickman, Joshua) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

10

Second Unopposed MOTION for Extension of Time by Defendant Donald Ash. (Waters, Patrick) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

11

ORDER granting 10 Motion for Extension of Time to File Response to 3 Motion to Certify Class. Response deadline 11/12/2013. Signed by District Judge Eric F. Melgren on 11/1/2013. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

12

ANSWER to 1 Complaint by Donald Ash.(Couchman, Henry) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

13

DESIGNATION OF PLACE OF TRIAL filed by Defendant Donald Ash − trial to be held in Kansas City. (Couchman, Henry) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

14

First Amended ANSWER to 1 Complaint by Donald Ash.(Couchman, Henry) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

15

RESPONSE by Defendant Donald Ash re: 3 MOTION to Certify Class. (Waters, Patrick) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

16

Unopposed MOTION for Extension of Time to File Reply as to 15 Response to Motion for Class Certification by Plaintiffs Randall Chapman, Mable Estes, Tyrell Jackson. (Glickman, Joshua) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

17

ORDER granting 16 Motion for Extension of Time to File Reply re: 3 MOTION to Certify Class. Reply deadline 12/3/2013. Signed by District Judge Eric F. Melgren on 11/25/2013. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

18

REPLY to Response to Motion by Plaintiffs Randall Chapman, Mable Estes, Tyrell Jackson re: 3 MOTION to Certify Class. (Glickman, Joshua) (Entered: 12/03/2013)

Dec. 3, 2013

Dec. 3, 2013

19

ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 1/29/2014 at 9:00 AM in Courtroom 236 before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 1/24/2014. Signed by Magistrate Judge James P. O'Hara on 12/20/2013. (kg) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

20

NOTICE OF SERVICE by Donald Ash of Defendant's Initial Rule 26(a)(1) Disclosures. (Couchman, Henry) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

21

CERTIFICATE OF SERVICE of Plaintiffs' Initial Disclosures by Randall Chapman, Mable Estes, Tyrell Jackson. (Bonney, Stephen) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

22

SCHEDULING ORDER: Discovery deadline 7/28/2014. Dispositive motion deadline 9/5/2014. SEE ORDER FOR ANY ADDITIONAL SCHEDULED DEADLINES AND HEARINGS. Signed by Magistrate Judge James P. O'Hara on 1/29/2014. (kg) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

23

MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 1/29/2014. (Tape FTR/DJW.) (TEXT ENTRY FOR STATISTICAL PURPOSES ONLY. There is no.pdf document associated with this entry.) (kg) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

24

CERTIFICATE OF SERVICE of Documents Disclosed in Initial Disclosures by Randall Chapman, Mable Estes, Tyrell Jackson. (Bonney, Stephen) (Entered: 02/12/2014)

Feb. 12, 2014

Feb. 12, 2014

25

CERTIFICATE OF SERVICE of Initial Discovery Requests by Randall Chapman, Mable Estes, Tyrell Jackson. (Bonney, Stephen) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

26

MEMORANDUM AND ORDER granting 3 Motion to Certify Class. Signed by District Judge Eric F. Melgren on 3/25/2014. (cm)

March 25, 2014

March 25, 2014

RECAP
27

NOTICE OF SERVICE by Donald Ash of Discovery, First Interrogatories and Request for Production of Documents. (Waters, Patrick) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

28

NOTICE OF SERVICE by Donald Ash of Discovery, Answers to Interrogatories and Request for Production of Documents. (Waters, Patrick) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

29

Joint MOTION for Extension of Time Limits Set Forth in Scheduling Order by Plaintiffs Randall Chapman, Mable Estes, Tyrell Jackson. (Bonney, Stephen) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

30

AMENDED SCHEDULING ORDER: and ORDER granting 29 joint motion to amend scheduling order. Discovery deadline 10/3/2014. Dispositive motion deadline 11/3/2014. Signed by Magistrate Judge James P. O'Hara on 4/22/2014. (ah) (Entered:

April 22, 2014

April 22, 2014

32

Joint NOTICE of Mediation Conference by Donald Ash. (Waters, Patrick) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

33

Unopposed MOTION for Extension of Time to File Motion to Compel by Plaintiffs Randall Chapman, Mable Estes, Tyrell Jackson. (Bonney, Stephen) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

34

ORDER granting 33 unopposed motion for extension of time until July 7, 2014, for plaintiffs to file a motion to compel. Signed by Magistrate Judge James P. O'Hara on 6/6/2014. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ah) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

35

NOTICE OF SERVICE by Donald Ash of Rule 26(e) Supplemental Disclosures. (Haga, Ryan) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

36

CERTIFICATE OF SERVICE of Plaintiffs' Respsonses to Defendant's First Request for Production of Documents and First Set of Interrogatories by Randall Chapman, Mable Estes, Tyrell Jackson. (Bonney, Stephen) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

37

Joint MOTION for Extension of Deadlines For Discovery and Dispositive Motions by Defendant Donald Ash. (Waters, Patrick) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

38

SECOND AMENDED SCHEDULING ORDER: and ORDER granting 37 joint motion for extension of deadlines. Signed by Magistrate Judge James P. O'Hara on 6/24/2014. (ah) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

39

Unopposed MOTION for Extension of Time to File Motion to Compel Discovery with Suggestions in Support by Plaintiffs Randall Chapman, Mable Estes, Tyrell Jackson. (Glickman, Joshua) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

40

ORDER granting 39 plaintiffs' motion for an extension of time until 7/21/2014, to file a motion to compel with respect to defendant's responses to plaintiffs' first request for production of documents. Signed by Magistrate Judge James P. O'Hara on 07/03/2014. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mb) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

41

ADR REPORT by Donald Ash. ADR session held on: 6/26/14 and 7/10/14 and conducted by Larry Rute. Results of ADR: Case did not settle. Status of litigation at time of ADR: Partial Discovery. (Haga, Ryan) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

42

ADR REPORT by Donald Ash. ADR session held on: 6/26/14 and conducted by Larry rute. Results of ADR: Case settled at ADR. Status of litigation at time of ADR: Partial Discovery. (Haga, Ryan) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

43

Joint MOTION for Preliminary Approval of Class Action Settlment and Memorandum of Law in Support by Plaintiffs Randall Chapman, Mable Estes, Tyrell Jackson. (Attachments: # 1 Exhibit A − Settlement Agreement and Consent Decree, # 2 Exhibit B − Notice of Proposed Settlement)(Glickman, Joshua) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

44

ORDER PRELIMINARILY APPROVING SETTLEMENT, CERTIFYING SETTLEMENT CLASS, AND AUTHORIZING NOTICE TO THE SETTLEMENT CLASS granting 43 Motion. Signed by District Judge Eric F. Melgren on 11/12/2014. (smg) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

45

NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) In Court/Fairness Hearing set for 2/3/2015 at 09:00 AM in KC Courtroom (Unknown)before District Judge Eric F. Melgren. (cm) (Entered: 01/07/2015)

Jan. 7, 2015

Jan. 7, 2015

46

LETTER RECEIVED FROM CLASS ACTION PRISONER OBJECTING to 44 Order on Motion Preliminaryily Approving Settlement, Certifying Settlement Class, and Authorizing Notice to the Settlement Class. (smg) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

48

NOTICE of ASSIGNED COURTROOM re: 45 Notice of Fairness Hearing. All parties are advised the Fairness Hearing scheduled for 2/3/2015 at 9:00 AM will be held in COURTROOM 440 of the Kansas City, Kansas Federal Courthouse. (cm) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

49

MINUTE ENTRY for proceedings held before District Judge Eric F. Melgren: IN COURT/FAIRNESS HEARING held on 2/3/2015. (Court Reporter Jo Wilkinson.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

50

MEMORANDUM AND ORDER. IT IS THEREFORE ORDERED that the parties' Settlement Agreement and Consent Decree (Doc. 43 -1) is hereby APPROVED under Federal Rule of Civil Procedure 23(e)(2) and DIRECTED TO BE ENTERED. IT IS FURTHER ORDERED that according to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs' claims are DISMISSED WITH PREJUDICE. Signed by District Judge Eric F. Melgren on 2/20/2015. (smg)

Feb. 23, 2015

Feb. 23, 2015

RECAP

Case Details

State / Territory: Kansas

Case Type(s):

Jail Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future detainees in the Wyandotte County Adult Detention Center who are subject to or affected by the Postcard-Only Mail Policy.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wyandotte County Jail (Wyandotte), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 25,000

Order Duration: 2013 - None

Issues

General:

Confidentiality

Mail

Affected Sex or Gender:

Female

Male

Type of Facility:

Government-run