On June 30, 2016, Prison Legal News (PLN) filed a lawsuit in the U.S. District Court for the Northern District Court of Illinois against Cook County Jail under section §1983, alleging violations of the First and Fourteenth Amendment's Due Process and Equal Protection clause of the U.S. Constitution.

The plaintiffs alleged that the defendants prohibited delivery of written speech from PLN and other related publications, failing to provide due process notice and opportunity to challenge the censorship, and denying Plaintiff equal protection as required under the Constitution. The plaintiffs sought declaratory and injunctive relief.

On July 1, 2016, the plaintiff motioned for a preliminary injunction. The plaintiff sought a declaration that the Jail's mailroom policies and practices at the jail allowing some newsprint while barring PLN violate the plaintiff's right under the First Amendment, Due Process, and Equal Protection clauses of the Constitution. On November 21, 2016, the court (Judge Joan Gottschall) denied the plaintiff's motion for a preliminary injunction, stating preliminary injunction is an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief. The court stated that it
cannot grant this extraordinary relief on such an indeterminate factual record plaintiffs provided.

For the next 2 months, the parties engaged in settlement negotiations. On December 9, 2016, the court granted the joint motion to hold discovery until February 7, 2017.

Ginny Lee - 01/26/2017


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