On November 23, 1993, an inmate at the Oregon State Penitentiary filed a lawsuit pro se under 42 U.S.C. 1983 against the Oregon Department of Corrections in the U.S. District Court for the District of Oregon. The plaintiff alleged that his constitutional rights had been violated by the mail regulations at the prison, which resulted in the prison returning a magazine that the inmate received back to the publisher.
On April 27, 1995, the U.S. District Court for the District of Oregon (Judge Michael R. Hogan) granted summary judgment to the defendants. The plaintiff appealed. On December 19, 1996, the U.S. Court of Appeals for the Ninth Circuit issued an unsigned opinion affirming the district court's decision with respect to qualified immunity and damages, but vacating the part of the opinion that denied the plaintiff injunctive and declaratory relief. Morrison v. Hall, No. 95-35470, 1996 WL 742463 (9th Cir.(Or.) Dec. 19, 1996). The case was remanded back to the district court. The plaintiff appealed. On October 6, 1997, the U.S. Supreme Court denied the petition for writ of certiorari. Morrison v. Hall, 522 U.S. 829 (1997). The plaintiff petitioned for rehearing. On December 15, 1997, the U.S. Supreme declined to rehear the petition. Morrison v. Hall, 522 U.S. 1036 (1997).
On April 3, 1998, the district court (Judge Hogan) granted the defendants' motion for summary judgment and dismissed the case with prejudice. The plaintiff appealed. On August 17, 2001, the Ninth Circuit (Judge Harry Pregerson) affirmed the district court's decision regarding addressing requirements for prison mail, reversed the district court's decision regarding other mail regulations, and remanded the case for further consideration. Morrison v. Hall, 261 F.3d 896 (9th Cir. 2001).
On March 29, 2002, the plaintiff asked the district court to award him his costs incurred during the litigation, and on July 29, 2002, the district court (Judge Hogan) granted the request, ordering the defendants to pay the plaintiff $692.33 in litigation costs.
On April 1, 2002, the district court (Judge Hogan) granted the plaintiff's request for injunctive relief, held that the relief had already been granted by the prison's newly propagated mail rules, and dismissed the case.
Kristen Sagar - 07/11/2006
compress summary
