University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Waterman v. McGuire PC-KS-0004
Docket / Court 5:03-cv-03415-CM-DJW ( D. Kan. )
State/Territory Kansas
Case Type(s) Prison Conditions
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 ... read more >
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.

Dan Dalton - 05/17/2007


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Issues and Causes of Action
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Issues
General
Mail
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Bivens
Defendant(s) U.S. Department of Defense
United States Disciplinary Barracks, Ft. Leavenworth
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
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2004 - n/a
Case Closing Year 2005
Case Ongoing No
Additional Resources
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  Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Date: Jun. 4, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
5:03-cv-03415-CM-DJW (D. Kan.)
PC-KS-0004-9000.pdf | Detail
Date: 07/15/2005
Source: PACER [Public Access to Court Electronic Records]
General Documents
Civil Rights Complaint
PC-KS-0004-0001.pdf | Detail
Date: 10/22/2002
Memorandum and Order (337 F.Supp.2d 1237) (D. Kan.)
PC-KS-0004-0002.pdf | WESTLAW| LEXIS | Detail
Date: 07/20/2004
Judgment in a Civil Case (D. Kan.)
PC-KS-0004-0003.pdf | Detail
Date: 07/23/2004
Judges Murguia, Carlos (D. Kan.)
PC-KS-0004-0002 | PC-KS-0004-9000
Defendant's Lawyers DeArmond, Connie R. (Kansas)
PC-KS-0004-9000

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