On February 8, 1999, Prison Legal News (PLN) filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Michigan, challenging the Michigan Department of Corrections' [MDOC] policies on incoming mail and restricted publications. PLN was represented by the Civil Rights Litigation Clinic of Wayne State University. It sought injunctive and monetary relief.

This case was one of several lawsuit instituted by PLN, challenging prison mail restrictions on First Amendment grounds. See e.g., PC-OR-4, PC-AL-24 and PC-WA-8.

Shortly after filing of the lawsuit, the parties settled the case. The Release and Settlement Agreement provided that the MDOC would remove the book "The Celling of America" from its restricted publication list, so that inmates could order the book from Prison Legal News. The MDOC also agreed to modify its regulations regarding inmate mail, such that it would notify the sender of any mail that was received and rejected and provide an opportunity for the sender to lodge its opposition to the rejection. The MDOC agreed to pay monetary damages in the amount of $1,000 each to PLN and Common Courage Press and attorneys fees and costs of $10,605.00.

On May 7, 1999, the District Court (Judge Avern Cohn) entered a stipulation, dismissing the case the case with prejudice.

Dan Dalton - 02/25/2007


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