Case: Catalyst v. Box Elder County

1:98-cv-00130 | U.S. District Court for the District of Utah

Filed Date: Nov. 6, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

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…

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.

Summary Authors

Dan Dalton (4/25/2007)

People


Judge(s)

Kimball, Dale A. (Utah)

Attorney for Plaintiff

Barnard, Brian M. (Utah)

Harris, James L. Jr. (Utah)

Attorney for Defendant

Bunderson, Jon J. (Utah)

Judge(s)

Kimball, Dale A. (Utah)

Attorney for Defendant

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Documents in the Clearinghouse

Document

1:98-cv-00130

Docket (PACER)

March 30, 1999

March 30, 1999

Docket

1:98-cv-00130

Settlement Stipulation

Nov. 1, 1998

Nov. 1, 1998

Settlement Agreement

Docket

Last updated March 29, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, assigned to Judge Dale A. Kimball Receipt #: 92457 (ksp) (Entered: 11/09/1998)

Nov. 6, 1998

Nov. 6, 1998

2

Order to Show Cause signed by Judge Dale A. Kimball . 3/17/99 Plaintiffs are directed to respond in writing within 15 days from the date of this order and inform the Court of the status of the case and intentions to proceed. Failure to do so will result in dismissal of the case. (Entered: 03/18/1999)

March 17, 1999

March 17, 1999

3

Notice Re: Settlement/Consent to entry by Catalyst, Eric Lee Piper, Prisoner's Legal (asb) (Entered: 03/30/1999)

March 30, 1999

March 30, 1999

4

Order granting [3-1] consent to entry of settlement, dismissing case signed by Judge Dale A. Kimball , 3/30/99 cc:atty (Entered: 04/01/1999)

March 30, 1999

March 30, 1999

Case closed per Order #4 (Entered: 04/01/1999)

March 30, 1999

March 30, 1999

Case Details

State / Territory: Utah

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Nov. 6, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Catalyst, a registered name of New Moon Press, Prisoner's Legal News, a Washington non-profit corporation, and Eric Lee Piper

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Box Elder County Jail (Box Elder), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

None

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Mail

Type of Facility:

Government-run