On June 30, 2015, Prison Legal News (PLN) filed this lawsuit in Eastern District of Michigan (Detroit), under 42 U.S.C. § 1983, against Macomb County. PLN, represented by private counsel, asked the court for declaratory and injunctive relief, as well as compensatory and punitive damages. PLN claimed that an October 2013 policy at the Macomb County Jail unlawfully prohibited its publication from reaching inmates at the jail, in violation of the First and Fourteenth Amendments.

On June 30, 2015, PLN also filed a motion for preliminary injunction seeking to stop Macomb County from improperly censoring publications and correspondence mailed to prisoners at Macomb County Jail by PLN and other senders pursuant to a postcard only policy.

On September 30, 2015, the Court (Judge Avern Cohn) denied the motion without prejudice for reasons stated in court on the record at a hearing on September 30, 2015 for which transcripts have not been obtained. The Court ordered the claim for injunctive relief is to be tried by the Court and money damages to be tried by a jury, with the claim for injunctive relief tried first. On June 17, 2016, Judge Cohn ordered a stipulated injunction. The court ordered the defendants to deliver all publications to prisoners directly from any publisher, and clarified that defendants may censor a publication only if it is determined to be detrimental to the security, good order, or discipline of the institution or if it might facilitate criminal activity, and not solely because its content is religious, philosophical, political, social or sexual, or because its content is unpopular or repugnant. The court additionally ordered defendants to deliver all mail to prisoners, including publications from the plaintiffs. The defendant was also required to establish an appeals process for any undelivered material, and to state the reason for any censorship. The court gave the defendant 30 days to comply and to notify its employees of the new policy, and 60 days to notify the plaintiff in writing of the compliance. The court retained jurisdiction for enforcement purposes.

On January 11, 2017, the plaintiff moved for summary judgment. The court denied this motion on June 13, 2017. The court dismissed the case on October 10, 2017, and retained jurisdiction to enforce the terms of the Stipulated Injunction of June 17, 2016. The case is now closed.

Lakshmi Gopal - 10/31/2015
Elizabeth Heise - 10/31/2018


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