Filed Date: July 30, 2001
Closed Date: 2002
Clearinghouse coding complete
On July 30, 2001, Prison Legal News (PLN) filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of Utah, challenging Millard County Jail's "no publications policy" which barred inmates from receiving PLN's publications. PLN was represented by attorneys with the Utah Legal Clinic.
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, PC-MI-22, JC-UT-1.
Shortly after filing of the lawsuit, Millard County Jail made a Rule 68 Offer of Judgment to settle the case for the sum of $300.00 plus attorneys' fees and costs. PLN accepted the offer. On January 7, 2002, the District Court (Judge Ted Stewart) entered Judgment that all claims arising out of the pleadings were dismissed with prejudice. PLN then moved to amend the judgment. On April 23, 2002, the District Court vacated its January 7, 2002 and entered an amended Judgment and Order against the defendant for the sum of $300.00 plus attorneys' fees and costs, noting that the Judgment had already been satisfied. Per the amended Judgment and Order, all claims were dismissed with prejudice.
Note that our collection of documents for this case includes one titled "Stipulation for Settlement." It appears from the PACER docket that the parties did not execute that document and its terms were not made part of the settlement of the case.
Summary Authors
Dan Dalton (4/25/2007)
Stewart, Brian Theadore (Utah)
Barnard, Brian M. (Utah)
Harris, James L. Jr. (Utah)
Mylar, Frank D. (Utah)
Stewart, Brian Theadore (Utah)
Last updated March 24, 2024, 3 a.m.
State / Territory: Utah
Case Type(s):
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Key Dates
Filing Date: July 30, 2001
Closing Date: 2002
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A Washington non-profit corporation that publishes and distributes nation-wide a monthly magazine known as Prison Legal News
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Millard County Jail (Millard), County
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
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Affected Sex or Gender:
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