Case: Waterman v. McGuire

5:03-cv-03415 | U.S. District Court for the District of Kansas

Filed Date: Oct. 22, 2003

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On October 22, 2003, plaintiff, a military prisoner incarcerated at the United States Disciplinary Barracks (USDB), Fort Leavenworth, Kansas, filed a pro se complaint in the U.S. District Court for the District of Kansas, challenging the USDB's publication policy allowing mail room personnel to reject incoming mail containing photocopies of publications or materials not coming directly from a publisher or commercial vendor, as applied to him. Plaintiff further alleged that defendants' applic…

On October 22, 2003, plaintiff, a military prisoner incarcerated at the United States Disciplinary Barracks (USDB), Fort Leavenworth, Kansas, filed a pro se complaint in the U.S. District Court for the District of Kansas, challenging the USDB's publication policy allowing mail room personnel to reject incoming mail containing photocopies of publications or materials not coming directly from a publisher or commercial vendor, as applied to him. Plaintiff further alleged that defendants' application of the USDB publication policy to deny him one edition of Prison Legal News violated his First Amendment rights.

The parties filed cross-motions for summary judgment.

On July 24, 2004, the District Court (District Judge Carlos Murguia) entered a Memorandum and Order which granted in part defendants' motion for summary judgment. The Court ruled that USDB Regulation 28-1, banning non-original source material, did not violate plaintiff's constitutional rights. The Court granted plaintiff's cross-motion for summary judgment in part. Defendants had contended that the publication Prison Legal News, Volume 15 contained an advertisement encouraging prisoners to trade their unused stamps for currency, which was a violation of USDB institutional regulation which banned material that "encourages or instructs in the commission of criminal activity or institutional violations." The Court rejected defendants' argument and enjoined defendants from denying plaintiff access to Prison Legal News, Volume 15.

Plaintiff appealed, but his appeal was ultimately dismissed by the Tenth Circuit Court of Appeals for lack of prosecution.

Summary Authors

Dan Dalton (5/17/2007)

People


Judge(s)

Murguia, Carlos (Kansas)

Attorney for Defendant

DeArmond, Connie R. (Kansas)

Judge(s)

Murguia, Carlos (Kansas)

Attorney for Defendant

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Documents in the Clearinghouse

Document

5:03-cv-03415

Docket (PACER)

July 15, 2005

July 15, 2005

Docket
1

5:03-cv-03415

Civil Rights Complaint

Oct. 22, 2003

Oct. 22, 2003

Complaint
31

5:03-cv-03415

Memorandum and Order

July 20, 2004

July 20, 2004

Order/Opinion

337 F.Supp.2d 337

33

5:03-cv-03415

Judgment in a Civil Case

July 26, 2004

July 26, 2004

Order/Opinion

Docket

Last updated Feb. 15, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
2

MOTION for Leave to Proceed in forma pauperis by Plaintiff Craig E Waterman (Attachments: #(1) Inmate Personal Deposit Fund)(smnd) (Entered: 10/24/2003)

Oct. 22, 2003

Oct. 22, 2003

3

ORDER ENTERED: Within thirty (30) days, plaintiff shall submit an initial partial filing fee of $5.00. Objections to this order must be filed on or before the date payment is due. Failure to pay the fees as required herein may result in dismissal of this action without prejudice. Signed by Senior Judge G. Thomas VanBebber on 11/05/03. (smnd) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

PARTIAL FILING fee paid on 11/19/03. Receipt number 047229, in the amount of $ 5.00. (sal) (Entered: 11/19/2003)

Nov. 19, 2003

Nov. 19, 2003

4

ORDER ENTERED: Plaintiff's motion 2 for leave to proceed in forma pauperis is granted. Collection action shall continue until plaintiff satisfies the $150.00 filing fee. The clerk of the court shall issue appropriate summons pursuant to Rule 4(d) of the Federal Rules of Civil Procedure. Signed by Senior Judge G. Thomas VanBebber on 12/23/03. (smnd) (Entered: 12/23/2003)

Dec. 23, 2003

Dec. 23, 2003

5

MINUTE ORDER REASSIGNING CASE: Case reassigned to Judge Carlos Murguia for all further proceedings. Judge G. Thomas VanBebber no longer assigned to case. Signed by Deputy Clerk on 12/23/03. (smnd) (Entered: 12/23/2003)

Dec. 23, 2003

Dec. 23, 2003

Summons Issued as to Defendants Colleen L McGuire, Karen Skaggs, Judy Williams, U.S. Attorney and U.S. Attorney General (smnd) (Entered: 01/05/2004)

Jan. 5, 2004

Jan. 5, 2004

6

MOTION for extension of time to file traverse by Plaintiff Craig E Waterman (smnd) (Entered: 01/08/2004)

Jan. 8, 2004

Jan. 8, 2004

7

Summons Returned Executed by personal service upon United States Attorney by serving Brandi Williams, Administrative Clerk, on 01/13/04 (smnd) (Entered: 01/15/2004)

Jan. 15, 2004

Jan. 15, 2004

8

Summons Returned Unexecuted as to Defendant Colleen L McGuire (smnd) (Entered: 01/22/2004)

Jan. 21, 2004

Jan. 21, 2004

9

Summons Returned Unexecuted as to Defendant Karen Skaggs (smnd) (Entered: 01/22/2004)

Jan. 21, 2004

Jan. 21, 2004

10

Summons Returned Unexecuted as to Defendant Judy Williams (smnd) (Entered: 01/22/2004)

Jan. 21, 2004

Jan. 21, 2004

11

MINUTE ORDER STRIKING re 6 MOTION for extension of time. Document filed in wrong case. Counsel directed to take no action. Motions terminated: 6 MOTION for extension of time. Signed by Deputy Clerk on 01/26/04. (smnd) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

12

Summons Returned Executed by certified mail upon United States Attorney General (smnd) (Entered: 01/28/2004)

Jan. 28, 2004

Jan. 28, 2004

13

NOTICE regarding address for service of summons upon defendants by Craig E Waterman (smnd) (Entered: 02/18/2004)

Feb. 17, 2004

Feb. 17, 2004

14

MOTION to Supplement by Plaintiff Craig E Waterman (Attachments: # (1) Prison Legal News)(smnd) (Entered: 02/25/2004)

Feb. 24, 2004

Feb. 24, 2004

15

ORDER ENTERED: Plaintiff's motion 14 to supplement is granted. The clerk of the court shall reissue summons to defendants McGuire, Skaggs and Williams pursuant to Rule 4 of the Federal Rules of Civil Procedure, to be served by a United States Marshal or a Deputy Marshal, at no cost to plaintiff absent a finding by the court that plaintiff is able to pay such costs. Signed by Judge Carlos Murguia on 02/26/04. (smnd) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

Alias Summons Issued as to Defendants Colleen L McGuire, Karen Skaggs and Judy Williams (smnd) (Entered: 03/01/2004)

March 1, 2004

March 1, 2004

16

MOTION for Extension of Time to File Answer re 1 Complaint by Defendants Colleen L McGuire, Karen Skaggs, Judy Williams (DeArmond, Connie) (Entered: 03/04/2004)

March 4, 2004

March 4, 2004

17

Alias Summons Returned Executed by certified mail upon Defendant Colleen L McGuire; served on 3/3/2004, answer due 5/3/2004 (smnd) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

18

Alias Summons Returned Executed by certified mail upon Defendant Karen Skaggs; served on 3/3/2004, answer due 5/3/2004 (smnd) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

19

Alias Summons Returned Executed by certified mail upon Defendant Judy Williams; served on 3/3/2004, answer due 5/3/2004 (smnd) (Entered: 03/08/2004)

March 5, 2004

March 5, 2004

20

ORDER granting 16 Motion for Extension of Time to Answer re 1 Complaint; Answer deadline is extended to 4/12/04. Signed by Judge Carlos Murguia on 3/18/04. (ck) (Entered: 03/19/2004)

March 19, 2004

March 19, 2004

21

RESPONSE by Plaintiff Craig E Waterman re 16 MOTION for Extension of Time to File Answer re 1 Complaint (smnd) (Entered: 03/22/2004)

March 19, 2004

March 19, 2004

22

MOTION for Summary Judgment by Defendants Colleen L McGuire, Karen Skaggs, Judy Williams (DeArmond, Connie) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

23

MEMORANDUM IN SUPPORT of 22 MOTION for Summary Judgment by Defendants Colleen L McGuire, Karen Skaggs, Judy Williams (Attachments: # 1 Declaration of LTC Peter J. Grande# 2 Declaration of Karen Skaggs# 3 USDB Reg. 28-1)(DeArmond, Connie) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

PARTIAL FILING fee paid on 4/29/04. Receipt number 047755, in the amount of $8.00. (sal) (Entered: 04/29/2004)

April 29, 2004

April 29, 2004

24

MOTION for Extension of Time to file response as to 22 MOTION for Summary Judgment by Plaintiff Craig E Waterman (smnd) (Entered: 05/03/2004)

May 3, 2004

May 3, 2004

25

ORDER granting 24 Motion for Extension of Time to File Response/Reply re 22 MOTION for Summary Judgment. Response deadline 6/1/2004. Signed by Judge Carlos Murguia on 05/06/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jc) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

26

ORDER REFERRING CASE to Magistrate Judge David J. Waxse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry)(jc) (Entered: 05/20/2004)

May 20, 2004

May 20, 2004

27

CROSS-MOTION for Summary Judgment by Plaintiff Craig E Waterman (Attachments: #(1) Enclosure I; #(2) Exhibit A; #(3) Exhibit B; #(4) Exhibit C; #(5) Exhibit D; #(6) Exhibit E; #(7) Exhibit F)(smnd) (Entered: 06/02/2004)

June 2, 2004

June 2, 2004

28

RESPONSE by Plaintiff Craig E Waterman re 22 MOTION for Summary Judgment (Attachments: #(1) Enclosure I; #(2) Exhibit A; #(3) Exhibit B; #(4) Exhibit C; #(5) Exhibit D; #(6) Exhibit E; #(7) Exhibit F) (smnd) (Entered: 06/02/2004)

June 2, 2004

June 2, 2004

29

REPLY to Response to Motion by Defendants Colleen L McGuire, Karen Skaggs, Judy Williams re: 27 MOTION for Summary Judgment (DeArmond, Connie) (Entered: 06/24/2004)

June 24, 2004

June 24, 2004

30

NOTICE of Change of Address by Department of the Army for Craig E Waterman, #14121-045, now at FCI-Ray Brook, P.O. Box 300, Ray Brook, New York 12977 (smnd) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

31

MEMORANDUM AND ORDER granting in part and denying in part 22 Motion for Summary Judgment and granting in part and denying in part 27 Cross Motion for Summary Judgment . Signed by Judge Carlos Murguia on 7/20/04. (ck) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

32

DOCKET ANNOTATION: 31 Order on Motion for Summary Judgment sent by regular and certified mail to Craig E. Waterman: 7002 2030 0000 9349 6768. (ck) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

33

JUDGMENT regarding Memorandum and Order of 7/20/04 regarding Motions for Summary Judgment. Defendants' motion for summary judgment is granted in part. Plaintiff's cross-motion for summary judgment is granted in part. Signed by deputy clerk on 7/23/04. (km) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

34

NOTICE of Change of Address by Craig E Waterman, #14121-045, now at USP-Lewisburg, P.O. Box 1000, Lewisburg, Pennsylvania 17837-1000 (smnd) (Entered: 09/08/2004)

Sept. 8, 2004

Sept. 8, 2004

35

NOTICE OF APPEAL as to 31 Order and 33 Judgment by Plaintiff Craig E Waterman (smnd) (Entered: 09/15/2004)

Sept. 8, 2004

Sept. 8, 2004

APPEAL FEE STATUS: filing fee PENDING re Notice of Appeal - Final Judgment 35 on behalf of Plaintiff Craig E Waterman (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (smnd) (Entered: 09/15/2004)

Sept. 8, 2004

Sept. 8, 2004

36

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 35 Notice of Appeal - Final Judgment (smnd) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

37

RECEIPT FROM 10CCA of Preliminary Record on Appeal re 35 Notice of Appeal - Final Judgment (Appeal No. 04-3349) (smnd) (Entered: 09/20/2004)

Sept. 20, 2004

Sept. 20, 2004

38

APPEAL DOCKETED in 10CCA on 09/17/04 and assigned Appeal No. 04-3349 re 35 Notice of Appeal - Final Judgment filed by Craig E Waterman (smnd) (Entered: 09/20/2004)

Sept. 20, 2004

Sept. 20, 2004

39

RECORD ON APPEAL transmitted to 10CCA re 35 Notice of Appeal - Final Judgment (Appeal No. 04-3349) (smnd) (Entered: 12/17/2004)

Dec. 17, 2004

Dec. 17, 2004

40

RECEIPT FROM 10CCA of Record on Appeal re 35 Notice of Appeal - Final Judgment (Appeal No. 04-3349) (smnd) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

41

APPEAL MANDATE from 10CCA dismissing Notice of Appeal - Final Judgment 35 filed by Craig E Waterman for lack of prosecution pursuant to 10th Cir. R. 42.1(smnd) (Entered: 04/06/2005)

April 6, 2005

April 6, 2005

ORIGINAL FILE RETURNED from 10CCA re 35 Notice of Appeal - Final Judgment (Appeal No. 04-3349), One File and One Expandable (sal) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

Case Details

State / Territory: Kansas

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 22, 2003

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Military prisoner alleging that United States Disciplinary Barracks’ publication policy allowing mail room personnel to reject incoming mail containing photocopies of publications not coming directly from publisher violate his constitutional rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Defense, Federal

United States Disciplinary Barracks, Ft. Leavenworth, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2004 - None

Issues

General:

Mail

Type of Facility:

Government-run