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Case Name Prison Legal News v. Cook County PC-IL-0037
Docket / Court 1:16-cv-06862 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Jail Conditions
Special Collection Prison Legal News
Attorney Organization Loevy & Loevy
Case Summary
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. ... read more >
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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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Freedom of speech/association
Content of Injunction
Monitoring
Recordkeeping
Reporting
Defendant-type
Corrections
General
Records Disclosure
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Nneka Jones Tapia
Thomas J. Dart
Plaintiff Description Prison Legal News (PLN) is a monthly magazine that includes reports, reviews and analysis of court rulings and news related to prisoners’ rights and criminal justice issues.
Indexed Lawyer Organizations Loevy & Loevy
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Case Ongoing Yes
Additional Resources
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  Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Date: Jun. 4, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

  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)
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
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

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

Docket(s)
1:16-cv-6862 (N.D. Ill.)
PC-IL-0037-9000.pdf | Detail
Date: 12/09/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief Under the Civil Rights Act U.S.C. §1983 and Damages [ECF# 1]
PC-IL-0037-0001.pdf | Detail
Date: 06/30/2016
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [ECF# 38] (2016 WL 6833977) (N.D. Ill.)
PC-IL-0037-0002.pdf | WESTLAW | Detail
Date: 11/21/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Gottschall, Joan B. (N.D. Ill.)
PC-IL-0037-0002 | PC-IL-0037-9000
Plaintiff's Lawyers Burday, Joshua Hart (Illinois)
PC-IL-0037-9000
Burday, Jonathan I. (Illinois)
PC-IL-0037-9000
Loevy, Arthur R. (Illinois)
PC-IL-0037-0001 | PC-IL-0037-9000
Loevy, Jonathan I. (Illinois)
PC-IL-0037-0001 | PC-IL-0037-9000
Topic, Matthew Vincent (Illinois)
PC-IL-0037-0001 | PC-IL-0037-9000
Weber, Lance (Florida)
PC-IL-0037-0001 | PC-IL-0037-9000
Defendant's Lawyers McGrath, Megan Kelly (Illinois)
PC-IL-0037-9000
Power, John M. (Illinois)
PC-IL-0037-9000
Zeccin, Anthony E. (Illinois)
PC-IL-0037-9000

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