On October 29, 2015, Prison Legal News filed this lawsuit in the United States District Court of the Eastern District of California. The plaintiff sued the County of Tulare under 42 U.S.C. § 1983. Represented by the Human Rights Defense Center and private counsel, the plaintiff asked the court for injunctive and declaratory relief, as well as damages. The plaintiff claimed that the County of Tulare violated its rights of due process and equal protection under the First, Fifth and Fourteenth Amendments. Specifically, Prison Legal News claimed that the County of Tulare censored the plaintiff's publication by adopting and implementing mail policies prohibiting delivery of mail from plaintiff, and failing to provide due process notice or opportunity to challenge the censorship.

On December 16, 2015, the Court, Judge John A. Mendez, signed a preliminary injunction. The court found sufficient likelihood of success on the claim of due process, and ordered that defendant provide adequate written notice and an administrative appeal process to both prisoners and senders when defendants refuse to deliver plaintiff's publications to prisoners at the county's jails.

As of February 18, 2016, the lawsuit was ongoing.

Kat Brausch - 02/18/2016


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