Filed Date: Oct. 10, 2013
Closed Date: 2016
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On October 10, 2013, Prison Legal News (“PLN”) filed this lawsuit on behalf of itself and Sullivan County Jail prisoners in the United States District Court for the Eastern District of Tennessee. The plaintiff sued Sullivan County under 42 U.S.C. § 1983. The plaintiff, represented by both private and public interest legal counsel, sought declaratory, injunctive, and monetary relief, claiming violations of the First Amendment and Fourteenth Amendment’s Due Process Clause. The plaintiff claimed that Sullivan County and its sheriff implemented unconstitutional policies that censored prisoner’s access to PLN’s monthly publication and correspondence mailed to prisoners. The policy (Policy I), established in October 2011, required that all mail communication fit on a standard postcard. Any mail the Jail received that did not fit the permitted standard was returned to the sender. The plaintiff also argued that the jail’s current policies were a form of content-based discrimination because the defendants maintained and permitted other magazines inside the jail and prohibited the plaintiff’s materials.
On October 30, 2013, plaintiff filed a motion for preliminary injunction, enjoining the defendants from implementing their policy prohibiting non-postcard mail communication to prisoners as a violation of both sender and recipients’ First Amendment and Fourteenth Amendment Due Process rights. District Judge J Ronnie Greer ordered for defendants to provide a response to plaintiff’s motion by November 22, 2013. On November 21, 2013, the defendants filed a motion requesting a time extension to submit their response to the plaintiff’s motion for preliminary injunction, claiming that it was unaware of the previously provided deadline. Judge Greer granted that request and the defendants filed their response on December 9, 2013. The defendants argued that the preliminary injunction request was inappropriate and unnecessary given jail safety concerns, permittance of plaintiff’s content to prisoners if properly addressed to an individual, and the October 24, 2013, policy that abandoned the previous postcard-only policy. During 2014, both parties filed subsequent supplement briefs in support and opposition of the preliminary motion under local rule 7.1(d).
On March 26, 2015, Judge Greer submitted an order denying the plaintiff’s motion for preliminary injunction because the issue of due process was not properly before the Court. Judge Greer permitted the plaintiff’s ten days to amend its complaint and allege claims based on Sullivan County Jail’s new policy. The plaintiff filed a new motion for preliminary injunction on the same day. On March 27, 2015, the plaintiff filed an amended complaint, in compliance with the District Court’s order. Plaintiff argued that the new jail policy (Policy II) did not go into effect until November 4, 2013, after receiving the plaintiff’s first complaint. Further, the policy provided no clear procedure regarding magazines, the “mail rejection” section remained identical to Policy I and violated senders’ due process rights, and the “mail collection and delivery” section violates both sender and recipient due process rights. Defendants filed their answer and response to the motion for preliminary injunction on April 10, 2015. In the answer and response, the defendants argued that the new policy that went into effect on April 9, 2015 (Policy III), addressed the plaintiff’s remaining concerns and rendered the plaintiff’s argument moot. The plaintiff filed another response and supplemental brief on June 4, 2015.
The plaintiff renewed its motion for preliminary injunction on June 19, 2015. On June 24, 2015, the defendants filed a motion to strike, on grounds that the renewed preliminary injunction did not fairly comply with local rules and unfairly imposed on the time and resources of the defendants. Additionally, the defendants argued the plaintiff lacked standing to sue on behalf of prisoners. On March 16, 2016, Judge Greer granted the defendant’s motion to strike and granted the plaintiff motion for preliminary injunction filed on March 26, 2015. The Court determined that the plaintiff did have standing to sue on behalf of prisoners because they both shared common constitutional interests. A jury trial was set for August 15, 2017, however, both parties reached an agreement on July 18, 2016. Both parties agreed to settle the case on grounds that the defendants pay $50,000.00 in damages and attorney’s fees. On July 21, 2016, the Court Clerk filed an offer of judgment in favor of the plaintiff. On August 11, 2016, the plaintiff filed a satisfaction of judgment notice. The case is closed.
Summary Authors
Kimberly Goshey (6/4/2019)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4382715/parties/prison-legal-news-v-anderson/
Beach, Jason M. (Tennessee)
Berg, Randall Challen (Tennessee)
Bodney, David Jeremy (Tennessee)
Bracken, Lawrence J. (Tennessee)
Burday, Joshua Hart (Tennessee)
Corker, Clifton Leland (Tennessee)
Greer, J. Ronnie (Tennessee)
Berg, Randall Challen (Tennessee)
Bodney, David Jeremy (Tennessee)
Bracken, Lawrence J. (Tennessee)
Burday, Joshua Hart (Tennessee)
Chamberlain, Katherine C (Tennessee)
DiGiacomo, Michael Anthony (Tennessee)
Ells, Lisa Adrienne (Tennessee)
FILIPOVITS, JEFFREY R (Tennessee)
Fogel, Jeffrey Edward (Tennessee)
Fulham, Terra White (Tennessee)
Galloway, Angela C (Tennessee)
Glickman, Joshua Aaron (Tennessee)
Harrington, James C. (Tennessee)
Heller, Shawn Alex (Tennessee)
Horrocks, Heather Elizabeth (Tennessee)
Jackson, Caroline Elaine (Tennessee)
Keach, Elmer Robert (Tennessee)
Kiehl, Stephen William (Tennessee)
Lang, Meghan Regina (Tennessee)
Lewis, Mary Eugenia (Tennessee)
Manville, Daniel E (Tennessee)
Marshall, Daniel Lucas (Tennessee)
Marshall, Randall C. (Tennessee)
McGiverin, Brian Rolland (Tennessee)
Medlock, Scott Charles (Tennessee)
Mehta, Leslie Chambers (Tennessee)
Molinario, Michele (Tennessee)
Mutamba, Masimba M (Tennessee)
Neelakanta, Sabarish P (Tennessee)
Ozment, Harry Elliot (Tennessee)
Pochoda, Daniel Joseph (Tennessee)
Rosen, Sanford Jay (Tennessee)
Rosenfield, Steven David (Tennessee)
Sandler, Alyson Rose (Tennessee)
Schmidt, Thomas B. (Tennessee)
Shapanka, Matthew S. (Tennessee)
Shinn-Krantz, Marc J. (Tennessee)
SPEARS, GEORGE BRIAN (Tennessee)
Spore, Andrew Glenn (Tennessee)
Stone-Manista, Krista (Tennessee)
Swanson, Peter Andrew (Tennessee)
Topic, Matthew Vincent (Tennessee)
Trevisani, Dante Pasquale (Tennessee)
Vogel, Brian Arnold (Tennessee)
Walczak, Kenneth M (Tennessee)
Walczak, Witold J. (Tennessee)
Weber, Lance Theodore (Florida)
Yang, Wayne Krause (Tennessee)
See docket on RECAP: https://www.courtlistener.com/docket/4382715/prison-legal-news-v-anderson/
Last updated April 14, 2024, 3:07 a.m.
State / Territory: Tennessee
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Oct. 10, 2013
Closing Date: 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The project of Washington Non-Profit Corporation, Human Rights Defense Center. Prison Legal News publishes and distributes a monthly journal of corrections news and legal issues affecting prisoners to prisoners, lawyers, courts, libraries, and the public.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Sullivan County (Blountville, Sullivan), County
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 50,000.00
Content of Injunction:
Issues
General:
Type of Facility: