On November 6, 1998, Prison Legal News (PLN), CATALYST and an individual inmate filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, challenging Box Elder County Jail's policies and restrictions on incoming inmate mail.

This case was one of several lawsuit instituted by PLN over the years, challenging prison mail restrictions on First Amendment grounds. See e.g., PC-OR-4, PC-AL-24, PC-WA-8 and PC-MI-22.

Shortly after filing of the lawsuit, the parties settled the case. The Settlement Stipulation provided that the Box Elder County Jail's would institute a new regulation regarding inmate mail that complied with the protections guaranteed by the First Amendment.

Box Elder County agreed to pay monetary damages in the amount of $100 each to PLN, CATALYST and the individual inmate, along with attorneys' fees and costs of $1,750.00. The Settlement Stipulation also provided that the individual inmate could immediately possess copies of publications by PLN and CATALYST. It also contained an express provision prohibiting Jail personnel from retaliating against the inmate for filing the lawsuit.

On March 30, 1999, the District Court (Judge Dale A. Kimball) entered the Settlement Stipulation and dismissed the case the case with prejudice.

Dan Dalton - 04/25/2007


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