On June 2, 1993, federal prison inmates filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Kentucky, challenging the Federal Bureau of Prisons' replacement of the collect call system with a direct dial system. Almost immediately thereafter, the case was consolidated with a similar claim, Robinson v. Hambrick, filed on July 9, 1993. The District Court (Judge Henry R. Wilhoit, Jr.) issued a preliminary injunction on October 13, 1993, blocking the installation of the new system nationwide. On November 18, 1993 the court certified a plaintiff class of "all federally incarcerated inmates serving their period of incarceration in a federal penal or medical institution."

The United States appealed the preliminary injunction. The U.S. Court of Appeals for the Sixth Circuit (Judge Martha Daughtrey) modified in part, dissolved in part, and remanded, holding that the new call system did not violate the inmates' First Amendment rights. Washington v. Reno, 35 F.3d 1093 (6th Cir. 1994). The court agreed, however, with more minor aspects of the ruling, holding that the District Court did not abuse its discretion in issuing a preliminary injunction against prison officials from using a prison commissary fund to fund the system's replacement. Additionally, the 6th Circuit held that a nationwide injunction was not overly broad.

In August 1995, the parties entered into a settlement agreement that included a stipulation of dismissal. This was approved and entered by the court on November 3, 1995. The agreement provided among other things, for the procurement of a new telephone system at all federal prisons that would allow all inmates access to collect calling. The agreement detailed various procedures related to inmate phone access and use, but made clear that the federal bureau of prisons retained discretion to set phone use policy. The agreement also covered procedures for rates, inmate disputes, telephone lists, payments and credits, and other such details. It also provided for ongoing regulation of the Bureau of Prisons' phone service. The docket's last entry is a destruction of exhibits on January 31, 2003.

David Terry - 03/27/2006


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