University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Prison Legal News v. Federal Bureau of Prisons PC-CO-0025
Docket / Court 1:15-cv-02184 ( D. Colo. )
State/Territory Colorado
Case Type(s) Prison Conditions
Special Collection Prison Legal News
Case Summary
On October 1, 2015, Prison Legal News, a legal news magazine intended for inmates, filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the Federal Bureau of Prisons claiming that the U.S. Penitentiary, Administrative Maximum Facility in Florence (ADX) ... read more >
On October 1, 2015, Prison Legal News, a legal news magazine intended for inmates, filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the Federal Bureau of Prisons claiming that the U.S. Penitentiary, Administrative Maximum Facility in Florence (ADX) illegally censoring the magazine, violating the First and Fifth Amendments of the U.S. Constitution, the Administrative Procedure Act, and Bureau of Prison regulations. Specifically, plaintiff claimed that the ADX did not deliver certain issues of Prison Legal News to ADX prisoners or give them proper notice that the magazine would not be delivered. Apparently, the BOP's refusal to deliver the magazine was because the issues contained information related to legal proceedings involving ADX prisoners and staff. Plaintiffs contended that the refusal to deliver these issues served no legitimate penological interest, and that the improper notices deprived prisoners of the opportunity to appeal administratively. Plaintiff was represented by Northwestern Law School's clinic and by private counsel; it sought injunctive and declaratory relief.

The case was eventually assigned to Judge Raymond Moore. As of January 2017, there were pending motions by the BOP to dismiss for failure to state a claim and lack of jurisdiction, and to stay discovery pending resolution of that dismissal motion. A hearing was set for February 17, 2017.

Amanda Kenner - 01/22/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Defendant-type
Corrections
General
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Bivens
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Federal Bureau of Prisons
Plaintiff Description Prison Legal News, a magazine, written by legal scholars, lawyers, and inmates describing legal proceedings affecting inmates.
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  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 Faculty)
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
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

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

Docket(s)
1:15−cv−02184−RM−NYW (D. Colo.)
PC-CO-0025-9000.pdf | Detail
Date: 12/02/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PC-CO-0025-0001.pdf | Detail
Date: 10/01/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Moore, Raymond Paul (D. Colo.)
PC-CO-0025-9000
Varholak, Scott T. Court not on record [Magistrate]
PC-CO-0025-9000
Plaintiff's Lawyers Kiehl, Stephen William (District of Columbia)
PC-CO-0025-9000
Mincberg, Elliot M. (District of Columbia)
PC-CO-0025-0001
Neelakanta, Sabarish (Florida)
PC-CO-0025-0001 | PC-CO-0025-9000
Shapanka, Matthew S. (District of Columbia)
PC-CO-0025-0001 | PC-CO-0025-9000
Shapiro, David M. (Illinois)
PC-CO-0025-0001 | PC-CO-0025-9000
Swanson, Peter Andrew (District of Columbia)
PC-CO-0025-0001 | PC-CO-0025-9000
Weber, Lance (Florida)
PC-CO-0025-0001 | PC-CO-0025-9000
Weintraub, Addar (District of Columbia)
PC-CO-0025-0001 | PC-CO-0025-9000
Zansberg, Steven David (Colorado)
PC-CO-0025-0001 | PC-CO-0025-9000
Defendant's Lawyers Prose, Susan Begesse (Colorado)
PC-CO-0025-9000

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