Case 2:09-cv-07515-JCZ-SS Document 1 Filed 12/03/09 Page 1 of 9

UNITED STATES DISTRICTCOURT EASTERN DISTRICT OF LOUISIANA

PRISON LEGAL NEWS and HUMAN RIGHTS DEFENSE CENTER,

09 - * NUMBER:

7515"

*

VERSUS

Plaintiffs

* SECTION:

* * JUDGE:

SECtS MAG. 3

JACK A. STEPHENS, Sheriff, St. Bernard *

Parish, DAVID MOWERS, Warden, St.

* MAG. SECTION:

Bernard Parish Prison, CHARLES BURAS, *

Captain, St. Bernard Parish Prison,

* MAGISTRATE:

JOHN DOE 1, Mailroom Supervisor, St.

*

Bernard Parish Prison and JOHN DOE 2,

*

Mailroom Employee, St. Bernard Parish

*

Prison

*

Defendants *

***************************

COMPLAINT Introduction: Statement of the Case
1. Plaintiff Prison Legal News is a monthly prison law magazine distributed across the nation to prisoners, attorneys, judges, law libraries and other subscribers. Plaintiff Prison Legal News is also a book distributor, specializing in books and materials regarding prisoners' rights and issues related to the criminal justice and corrections
1

Case 2:09-cv-07515-JCZ-SS Document 1 Filed 12/03/09 Page 2 of 9
systems. Plaintiff Human Rights Defense Center is a non-profit corporation based in Washington state which is the publisher and owner of Prison Legal News. Defendant Sheriff Jack Stephens is Sheriff of St. Bernard Parish and has responsibility for operating the St. Bernard Parish Prison facilities. The other defendants are all employees of the St. Bernard Parish Sheriff's office who have responsibilities regarding the receipt and distribution of books and other published materials addressed to persons in custody of the St. Bernard Parish Prison. Sheriff Stephens and the other defendants have prohibited individuals in their custody from receiving Prison Legal News or any publications distributed by plaintiffs. Sheriff Stevens has also failed to provide the plaintiffs with notice or an opportunity to be heard regarding the rejection and/or destruction of plaintiffs' publications.
Statement of Claims 2. Plaintiffs Prison Legal News and Human Rights Defense Center bring this civil rights action for redress of violations of their rights to free speech and expression and due process under the law, seeking injunctive and declaratory relief, as well as damages. 3. At all relevant times defendants have acted under color of law. Defendants have violated and continue to violate plaintiffs' constitutional rights protected by the First and Fourteenth Amendments to the United States Constitution. The actions of the defendants have caused injuries to the plaintiffs, as described herein.
Jurisdiction and Venue

Case 2:09-cv-07515-JCZ-SS Document 1 Filed 12/03/09 Page 3 of 9

4. This action is brought pursuant to 42 U.S.C. Sec. 1983 and 1988.

Jurisdiction is based on 28 U.S.C. Section 1331, 1343(a)(3) and (4), and the

aforementioned federal statutory and constitutional provisions.

5. Venue is proper in this Court under 28 U.S. C. Sec. 1391 as the events

complained of occurred within this district.

PARTIES

6. Plaintiff Prison Legal News (sometimes hereafter referred to as PLN) is a

project and a wholly owned subsidiary of the plaintiff Human Rights Defense Center, a

Washington state, non-profit, tax exempt (IRS section501 (c)(3)) corporation. The

plaintiffs have offices in Seattle, Washington and Brattleboro, Vermont.

7.

Defendant Jack A. Stephens is the elected Sheriff of St. Bernard Parish,

State of Louisiana. He has responsibility for the policies, procedures and operations of

the St. Bernard Parish Sheriff's Office, its employees, agents and assigns, including all

correctional facilities under the control of his office, including the St. Bernard Parish

Prison. He is a final policymaker for the St. Bernard Parish Sheriffs Office and the St.

Bernard Parish Prison. He is sued in his individual capacity for nominal, compensatory

and punitive damages. He is sued in his official capacity for declaratory and injunctive

relief and nominal and compensatory damages. He is a resident of the Eastern District

of Louisiana.

8. Defendant David Mowers is an employee of the St. Bernard Parish

Sheriff's Office, under the direction and supervision of defendant Stephens. He is the

warden of the St. Bernard Parish Prison. He has responsibility for the policies,

procedures and operations of the St. Bernard Parish Prison, its employees, agents and
J

Case 2:09-cv-07515-JCZ-SS Document 1 Filed 12/03/09 Page 4 of 9
assigns. On information and belief he is a final policymaker for the St. Bernard Parish Prison. He is sued in his individual capacity for nominal, compensatory and punitive damages. He is sued in his official capacity for declaratory and injunctive relief and nominal and compensatory damages. He is a resident of the Eastern District of Louisiana.
9. Defendant Captain Charles Buras is an employee of the St. Bernard Parish Sheriff's Office, under the direction and supervision of defendants Stephens and Mowrer. He is a supervisory official at the St. Bernard Parish Prison. He has responsibility for implementation of the policies, procedures and operations of the St. Bernard Parish Prison and supervising various employees, agents and assigns. He is sued in his individual capacity for nominal, compensatory and punitive damages. He is sued in his official capacity for declaratory and injunctive relief and nominal and compensatory damages. He is a resident of the Eastern District of Louisiana.
10. Defendant John Doe I is an employee of the St. Bernard Parish Sheriff's Office, under the direction and supervision of defendants Stephens and Mowrer. He is a supervisory official at the St. Bernard Parish Prison responsible for implementation of the policies, procedures and operations of the St. Bernard Parish Prison regarding mail delivery and supervising various employees, agents and assigns with related duties. He is sued in his individual capacity for nominal, compensatory and punitive damages. He is sued in his official capacity for declaratory and injunctive relief and nominal and compensatory damages. He is a resident of the Eastern District of Louisiana.
11. Defendant John Doe 2 is an employee of the St. Bernard Parish Sheriff's Office, under the direction and supervision of defendants Stephens, Mowrer and
1:

Case 2:09-cv-07515-JCZ-SS Document 1 Filed 12/03/09 Page 5 of 9
defendant John Doe 1. He is responsible for implementation of the policies, procedures and operations of the St. Bernard Parish Prison regarding mail delivery. He is sued in his individual capacity for nominal, compensatory and punitive damages. He is sued in his official capacity for declaratory and injunctive relief and nominal and compensatory damages. He is a resident of the Eastern District of Louisiana.
Statement of Facts 12. Plaintiffs publish and distribute a monthly 56-page legal information magazine entitled "Prison Legal News" ("the publication") dealing with the rights of incarcerated individuals. The publication provides information about legal issues such as access to the courts, disciplinary hearings, prison conditions, excessive force, mail censorship, jail litigation, visitation, telephones, religious freedom, prison rape, and the death penalty. It has been published continuously since 1990. The publication is core protected speech, which is not objectionable on security or other grounds. Prison Legal News has approximately 7,000 subscribers nationwide. 13. Plaintiffs also distribute approximately 45 legal and self help books, some published by plaintiffs and others by other publishers, regarding the criminal justice system, which are designed to foster a better understanding of criminal justice policies and to allow prisoners to educate themselves about basic related issues such as legal research, how to write a business letter, health care issues and similar topics. 14. Starting in February, 2009 and continuing for a period of several months, the plaintiffs have sent, upon request, to a number of individuals confined in the St. Bernard Parish Prison in the custody of defendant Sheriff Stephens and the St. Bernard

Case 2:09-cv-07515-JCZ-SS Document 1 Filed 12/03/09 Page 6 of 9
Parish Sheriffs Office, copies of the monthly publication "Prison Legal News", as well as various soft-cover legal and self-help books.
15. Defendant Stephens has a policy and practice of prohibiting newspapers, magazines, and books from outside publishers and distributors or vendors, which policy and practice has precluded and continues to preclude those confined at the St. Bernard Parish Prison from receiving the publication "Prison Legal News" as well as soft-cover books that were ordered or may be ordered in the future through plaintiffs.
16. Detainees at the jail have filed grievances challenging the denial of the publications and/or books that they have sought and which were sent to them by plaintiffs, but these grievances are not responded to by prison staff or have upheld the denial of receipt of the publications.
17. Plaintiffs have never received notice from the defendants or any person acting on behalf of the defendants, that "Prison Legal News", the monthly publication or any of the books distributed by plaintiffs were being summarily banned and/or destroyed. Plaintiffs have not been provided with any opportunity to contest the decisions of the defendants which prevent individuals in custody at the St. Bernard Parish Prison from receiving plaintiffs' publication or the books plaintiffs distribute.
18. Defendants' policy and practice fails to provide plaintiffs with any alternative means of exercising plaintiffs' rights to free speech and expression in distributing plaintiffs' publications and exchanging information with their readership and customers of otherwise legal reading materials.
19. Accommodation of the free speech, free expression and due process rights of plaintiffs, with respect to materials protected by the First and Fourteenth
.6.

Case 2:09-cv-07515-JCZ-SS Document 1 Filed 12/03/09 Page 7 of 9
Amendments to the United States Constitution, will not have any significant impact on the operations and security of the St. Bernard Parish Prison.
20. Readily available alternatives exist to defendants' current policy and practice which could easily meet any legitimate or significant interests of defendants and the parish prison without sacrificing the free speech and expression and due process rights of plaintiffs, as well as other publishers and distributors of books and materials protected by the 1sl Amendment to persons in the custody of the defendants.
21. Defendants' actions, as described above, were done willfully, wantonly and/or maliciously.
22. Due to the defendants' actions as described herein, the plaintiffs have suffered damages, including violation of plaintiffs' constitutional rights, loss of potential subscribers and customers, loss of reputation, costs of printing, handling and mailing materials, costs of staff time and other damages to be shown at trial.
23. Due to the defendants actions as described herein, the plaintiffs have suffered and will continue to suffer irreparable harm for which there is no adequate remedy at law.
Cause of Action I: Freedom of Speech and Expression 24. Plaintiffs re-allege and incorporate paragraphs 1 through 23 herein. 25. Defendants' policy and practice banning "Prison Legal News" and books and written materials distributed by plaintiffs, violates the free speech and expression rights of plaintiffs secured by the First and Fourteenth Amendments to the United States Constitution.
I

Case 2:09-cv-07515-JCZ-SS Document 1 Filed 12/03/09 Page 8 of 9
26. Plaintiffs have a constitutionally-protected liberty interest in communicating with incarcerated individuals. This right is clearly established under existing case law
27. Defendants' policy and practice does not further any legitimate penological interest.
Cause of Action II: Due Process of Law 28. Plaintiff re-alleges and incorporates paragraphs 1 through 23 herein. 29. Defendants' policy and practice banning "Prison Legal News" and books and written materials distributed by plaintiffs fails to provide plaintiffs with individualized notice that its publications are being banned or an opportunity to be heard. 30. Plaintiffs have the right, under the Due Process clause of the Fourteenth Amendment to the U.S. Constitution, to receive notice and the opportunity to object when defendants prevent plaintiffs' publications from reaching their subscribers. This right is clearly established under existing case law. 31. Defendants' failure to provide notice and an opportunity to be heard to plaintiffs that their publications were being banned does not further any legitimate penological interest.
Prayer for Relief THEREFORE, plaintiffs request that the Court: 1. Declare that the rights of the plaintiffs were violated; 2. Award nominal, compensatory and punitive damages against the defendants, in their individual capacities, as appropriate and allowed by law;

Case 2:09-cv-07515-JCZ-SS Document 1 Filed 12/03/09 Page 9 of 9
3. Award nominal and compensatory damages against the defendants, in their official capacities, as appropriate and allowed by law;
4. Grant declaratory and injunctive relief; 5. Grant reasonable attorneys' fees, litigation expenses and court costs pursuant to 42 USC 1988; and, 6. Grant all such other and further relief as appears reasonable and just, to which plaintiffs may be entitled.
Respectfully submitted, ATTORNEYS FOR PLAINTIFFS
ARY E. HOWELL, LSBA #7030 Attorney at Law P.O. Box 19043 New Orleans, LA 70179 (504) 822-4455 (0) (504) 8224458 (Fax)
ELIZABETH C. CUMMING, LSBA#31685 The Justice Center 636 Baronne Street New Orleans, LA 70113 (504) 529-3955
pln.complaintfinal02Dec09

 
 Case 2:09-cv-07515-JCZ-SS Document 32 Filed 05/18/10 Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

PRISON LEGAL NEWS and

*

HUMAN RIGHTS DEFENSE CENTER, *

Plaintiffs *

VERSUS

*

JACK A. STEPHENS, Sheriff, St. Bernard **

Parish, DAVID MOWERS, Warden, St. *

* Bernard Parish Prison, CHARLES BURAS,

Captain, St. Bernard Parish Prison,

*

JOHN DOE 1, Mailroom Supervisor, St. *

Bernard Parish Prison and JOHN DOE 2, *

Mailroom Employee, St. Bernard Parish *

Prison

Defendants *

*************************

NUMBER: 09-7515 SECTION: A JUDGE: Jay C. Zainey MAG. SECTION: 1 MAGISTRATE: Sally Shushan

CONSENT JUDGMENT FOR INJUNCTIVE RELIEF ONLY
IT IS HEREBY STIPULATED by and between the undersigned counsel for plaintiffs and defendants, as follows:
1. On Dec. 3, 2009, plaintiffs filed suit in the above-captioned matter seeking injunctive and declaratory relief, damages, attorneys fees and costs, against the named defendants. The Complaint alleged an unlawful policy, practice and custom regarding failure to deliver incoming publications addressed to prisoners who were held at the S1. Bernard Parish prison, in violation of the 1sl and 14th Amendments to the U.S. Constitution and 42 USC 1983. The Complaint also alleged violations of due process of the law due to the failure to give notice and an opportunity to respond, to the plaintiff
1

Case 2:09-cv-07515-JCZ-SS Document 32 Filed 05/18/10 Page 2 of 4
publishers and distributors whose publications were denied access to their subscribers. 2. On Dec. 9, 2009 defendants filed an Answer raising various defenses and
denying the allegations of plaintiffs' Complaint for lack of sufficient knowledge and/or information to justify belief. On Jan. 12, 2010 plaintiffs filed a Motion for Preliminary Injunction, with attached Memorandum and Exhibits. On January 19, 2010 the Court issued a Minute Entry noting that the parties were working to resolve the issue amicably and referred the parties to Magistrate Shushan for scheduling of a settlement conference.
3. The parties, with the assistance and oversight of the U.S. District Court Judge and Magistrate, have engaged in on-going negotiations in an attempt to amicably resolve this matter. The defendants deny liability. However, in order to put an end to this phase of the litigation and to avoid unnecessary expense and the uncertainties of future litigation regarding the plaintiffs' request for injunctive relief, the parties have agreed to the following terms and conditions: (1) The defendants have distributed to plaintiffs' subscribers at the St. Bernard Parish Prison, past issues and the current issue (Feb. 2010) of plaintiffs' monthly publication, Prison Legal News, along with copies of Protecting Your Health and Safety, a prisoner self-help guide distributed by plaintiffs. (2) The defendants have agreed to adopt and implement a new written policy and procedure, which the parties agree is constitutional, regarding "Incoming Publications" for prisoners at the St. Bernard Parish Prison, attached hereto as Exhibit A and incorporated herein. This policy and procedure will be in effect regarding all future incoming publications to prisoners in custody of the St. Bernard Parish Sheriffs Office, including but not limited to those published and distributed by plaintiffs.
2

Case 2:09-cv-07515-JCZ-SS Document 32 Filed 05/18/10 Page 3 of 4
4. The parties agree, and the Court so orders, that defendant Sheriff Jack Stephens, his agents, assigns, employees, deputies and successors, will establish, implement and enforce the policy and procedure set forth in Exhibit A, incorporated herein.
5. It is further agreed and ordered, that within 30 days of the date of entry of this Consent Judgment, the defendant Sheriff Jack Stephens will insure that this new policy and procedure is disseminated to all employees of the St. Bernard Parish jail as well as all persons in custody at the jail and will be fully implemented. Defendants' counsel will furnish the Court and plaintiffs' counsel with written confirmation of same.
6. The parties to this Consent Judgment agree that the provisions herein fully and fairly accommodate the interests of the parties hereto regarding the issue of injunctive relief only in this matter, that the Court should adopt and approve this agreement as a Consent Judgment, and that this Consent Judgment is a full and final judgment between the parties with regard to permanent injunctive relief only.
7. All remaining claims are specifically reserved by plaintiffs and denied by defendants. The Magistrate is ordered to schedule a settlement conference with the parties in an effort to explore possible amicable resolution of the remaining issues of damages, declaratory relief and reasonable attorneys fees and costs.
8. This Court retains jurisdiction of this action in order to enforce the terms of this Consent Judgment, to determine reasonable attorneys fees and costs and the remaining issues relating to plaintiffs' claims for damages and declaratory relief, to resolve any disputes regarding the implementation and enforcement of this Consent Judgment and all other issues of this lawsuit not otherwise covered by this Consent
3

Case 2:09-cv-07515-JCZ-SS Document 32 Filed 05/18/10 Page 4 of 4

Judgment.

WHEREFORE, having fully read and considered the provisions set forth above,

plaintiffs and defendants having stipulated and agreed to the above terms and

conditions, and the Court having approved the entry of this Consent Judgment, IT IS

SO ORDERED. Hello This is a Test
New Orleans, Louisiana this _ 17t_ h day of

May , 2010.

AGREED TO BY:
£ ~.
4RY E. towm17030
Attorney at Law 316 S. Dorgenois Street New Orleans, LA 70119 (504) 822-4455 Attorney for Plaintiffs

U.S. DISTRICT COURT JUDGE JAY C. ZAINEY
Salvad Gutierrez, Bar # 1401 Mary A n Hand, Bar #6380
Gutierrez & Hand
2137 Jackson Blvd. Chalmette, LA 70043 (504) 277-7755 Attorney for Defendants

PLN: ConJudg.3May2010Final

4

 
 Case 2:09-cv-07515-JCZ-SS Document 32-1 Filed 05/18/10 Page 1 of 5
SHERIFF JACK A. STEPHENS
ST. BERNARD PARISH SHERIFF'S OFFICE (SBSO)
INCOMING PUBLICATIONS POLICY
1. Purpose and Scope
Except when precluded by law, the St. Bernard Parish Sheriff's Office permits an inmate to subscribe to or to receive publications without prior approval and has established procedures to determine if an incoming publication is detrimental to the security, discipline, or good order of the institution or if it might facilitate criminal activity. The term publication, as used in this subpart, means a book, booklet, pamphlet, or similar document, or a single issue of a magazine, periodical, newsletter, newspaper, plus such other materials addressed to a specific inmate such as advertising brochures, flyers, and catalogs.
2. Program Objectives. The expected results of this program are:
a. Inmates will be permitted to receive and retain publications which do not threaten security, good order, or discipline of the institution or that may facilitate criminal activity, or are otherwise prohibited by law.
b. Publications determined detrimental to the security, good order, or discipline of the institution or that may facilitate criminal activity, or are otherwise prohibited by law, will be excluded from SBSO facilities.
c. A safer environment for staff and inmates will be provided by strengthening procedures designed to prevent the introduction of contraband.
3. Standards Referenced
a. American Correctional Association 2nd Edition Standards for Administration of Correctional Agencies: 2-CO-5D-01
b. American Correctional Association 3rd Edition Standards for Adult Correctional Institutions: 3-4432
c. American Correctional Association 3rd Edition Standards for Adult Local Detention Facilities: 3-ALDF-5D-04
d. American Correctional Association Standards for Adult Correctional Boot Camp Programs: 1-ABC-5D-04
e. U.S. Department of Justice, Federal Bureau of Prisons.
1

Case 2:09-cv-07515-JCZ-SS Document 32-1 Filed 05/18/10 Page 2 of 5
4. Application. Procedures in this Incoming Publication Policy apply to all correctional facilities under the jurisdiction and control of the St. Bernard Parish Sheriff's Office.
5. Procedures
a. At all St. Bernard Parish Sheriff's Office institutions, an inmate may receive soft-cover publications (for example, paperback books, magazines, and other similar items) only from the publisher, a distributor, a book club, or a bookstore.
b. The Warden may make an exception to the provisions of paragraph 5(a) if the publication is no longer available from the publisher, a distributor, book club or bookstore or is only available in hard-cover. An inmate requesting an exception to paragraph 5(a) shall provide the Warden with written documentation that the publication is no longer available from these sources or is only available in hard-cover. The Warden shall review all requests for exceptions within 10 days and make reasonable accommodations to make the requested publication available to the inmate. Any response to a request for exceptions shall be documented, in writing, and provided to the requesting inmate within 10 days. The inmate may appeal the Warden's response to the Sheriff using the jail's administrative review procedures.
c. The Warden may reject a publication only if it is determined detrimental to the security, good order, or discipline of the institution or if it might facilitate criminal activity. The Warden may not reject a publication solely because its content is religious, philosophical, political, social or sexual, or because its content is unpopular or repugnant. Publications which may be rejected by a Warden include but are not limited to publications which meet one of the following criteria:
(1) It depicts or describes procedures for the construction or use of weapons, ammunition, bombs or incendiary devices;
(2) It depicts, encourages, or describes methods of escape from correctional facilities, or contains blueprints, drawings or similar descriptions of St. Bernard Parish Sheriff's Office institutions;
(3) It depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs;
(4) It is written in code;
2

Case 2:09-cv-07515-JCZ-SS Document 32-1 Filed 05/18/10 Page 3 of 5
(5) It depicts, describes or encourages activities which may lead to the use of physical violence or group disruption;
(6) It encourages or instructs in the commission of criminal activity.
(7) It is sexually explicit material which by its nature or content poses a threat to the security, good order, or discipline of the institution, or facilitates criminal activity.
Only the Warden may reject an incoming publication. In the Warden's absence, only the Acting Warden may perform this function.
d. The Warden may not establish an excluded list of publications. This means the Warden shall review the individual publication prior to the rejection of that publication. Rejection of several issues of a subscription publication is not sufficient reason to reject the subscription publication in its entirety.
e. Where a publication is found unacceptable, the Warden shall promptly advise the inmate in writing of the decision and the reasons for it. The notice must contain reference to the specific article(s) or material(s) considered objectionable. The Warden shall permit the inmate an opportunity to review this material for purposes of filing an appeal under the Administrative Remedy Program (ARP) unless such review may provide the inmate with information of a nature which is deemed to pose a threat or detriment to the security, good order or discipline of the institution or to encourage or instruct in criminal activity. In questionable cases, the Warden should consult with legal staff.
f. The Warden shall provide the publisher or sender of an unacceptable publication a copy of the rejection letter. The Warden shall advise the publisher or sender that he may obtain an independent review of the rejection by writing to the Sheriff of St. Bernard Parish within 20 days of receipt of the rejection letter.
g. The Warden shall retain the rejected publication at the institution if the inmate indicates that he will file an appeal or until time for appeal has lapsed. If the rejection is upheld on appeal, or the inmate does not appeal the rejection, the Warden shall provide the inmate with the following options of disposing of the rejected publication: (1) return to sender; (2) send to person or entity designated by the inmate to receive rejected publications, or
3

Case 2:09-cv-07515-JCZ-SS Document 32-1 Filed 05/18/10 Page 4 of 5
(3) any other mutually agreeable disposition. See notification to Inmate and Publisher/Sender of Rejected Publication (Attachment A) for a sample notification to inmate and publisher/sender. (i) The Warden must retain the rejected publication for 20 days from
the date that the inmate and publisher/sender are sent written notification of the rejection. (ii) This 20-day period is to allow the inmate and publisher/sender the opportunity to file an appeal under the Administrative Remedy Program (ARP). If the inmate or publisher/sender does not file an appeal within 20 days, the rejected publication may be disposed of as provided in Section 5(g) herein. (iii) If the inmate does file an appeal, the Warden must retain the rejected publication at the institution. (iv) The rejected publication or the offensive portion of it must be reviewed prior to a staff response being prepared. (v) The Sheriff should not respond to an appeal of a rejected publication without first reviewing either the rejected publication or a copy of the offensive portion of it. h. The Warden may set reasonable limits (for fire, sanitation or housekeeping reasons) on the number or volume of publications an inmate may receive or retain in his/her quarters. Inmates will store all publications in the areas provided for personal effects. The Warden may authorize an inmate additional storage space for storage of legal materials in accordance with the St. Bernard Parish Sheriff's Office procedures on personal property of inmates.
Sheriff Jack A. Stephens,
St. Bernard Parish
4

Case 2:09-cv-07515-JCZ-SS Document 32-1 Filed 05/18/10 Page 5 of 5

ATTACHMENT "A"

NOTIFICATION TO INMATE AND PUBLISHER/SENDER OF REJECTED PUBLICATION (TO BE USED WHEN REJECTING A PUBLICATION UNDER THE SBSO INCOMING PUBLICATIONS POLICY
Inmate Name:
Inmate Number:
Institution:
Re: - - - - - - - - - - - Issue: - - - - - - - - - - -

The above named publication/material from [publisher/sender name] has been rejected in accordance with the St. Bernard Parish Sheriffs Office Incoming Publications Policy, which provides in part:

A publication may be rejected only if it is determined to be detrimental to the security, good order, or discipline of the institution or if it might facilitate criminal activity.

The above named publication has been rejected because

_

[provide reference to the specific article(s) or material(s) considered objectionable and

the reason(s) for the decision to reject].

A copy of this notification has been sent to the publisher/sender who may obtain an

independent review of this rejection by writing to the Sheriff

_

(Name, Address) within twenty (20) days of the publisher/sender's receipt of that

notification.

WARDEN

DATE

cc: Publisher/Sender Name and Address

PLN.SBPolicy.24Mar2010Final

5

 
 Case 2:09-cv-07515-JCZ-SS Document 36 Filed 06/17/10 Page 1 of 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

PRISON LEGAL NEWS, ET AL.

CIVIL ACTION

VERSUS

NO: 09-7515

JACK A. STEPHENS, ET AL.

SECTION: "A" (1)

MINUTE ENTRY (JS-10: 15)
On Thursday, June 17, 2010, the Court held a telephonic status conference in which the following counsel participated: Mary E. Howell on behalf of Plaintiffs and Mary Ann Hand on behalf of Defendants. The conference was set so that the parties could inform the Court about the progress of their settlement discussions.
At the conference, counsel apprised the Court as to the status of the case. Counsel advised the Court that they had reached a tentative settlement agreement concerning damages and attorneys’ fees, the only outstanding issues in the case. Defense counsel reported that the parties would be able to finalize settlement as soon as she received approval from the Louisiana Sheriff’s Association.
Accordingly; 1

Case 2:09-cv-07515-JCZ-SS Document 36 Filed 06/17/10 Page 2 of 2
IT IS ORDERED that this action is hereby dismissed without prejudice to the right upon good cause shown, within sixty (60) days, to seek summary judgment enforcing the compromise if it is not consummated by that time. During this sixty day period, the Court retains jurisdiction for all purposes, including enforcing the settlement agreement entered into by the parties. The Court notes that this settlement is subject to the final approval of the Louisiana Sheriff’s Association. If Defendants are unable to obtain approval from the Louisiana Sheriff’s Association, the Court will reopen this action and set a trial date at the request of counsel.
COUNSEL ARE REMINDED THAT IF WITNESSES HAVE BEEN SUBPOENAED, EVERY WITNESS MUST BE NOTIFIED BY COUNSEL NOT TO APPEAR.
IT IS FURTHER ORDERED that the injunction previously issued in this case shall remain in full force and effect. See Consent Judgment for Injunctive Relief (Rec. Doc. 32).
IT IS FURTHER ORDERED that the parties shall advise the Court of the decision of the Louisiana Sheriff’s Association.
* * * * * * * *
2

 
 Case 2:09-cv-07515-JCZ-SS Document 5 Filed 01/12/10 Page 1 of 2

fH_ED U,S DISTRICT COUlll "., ::.ASTERN DISTRiCT OF lOUISIA\,,,

UNITED STATES DISTRICT COURT

20ng JAN 12 PH 12: 40

09_751;ORETJeE~~bTE EASTERN DISTRICT OF LOUISIANA

PRISON LEGAL NEWS and

*

NUMBER:

HUMAN RIGHTS DEFENSE CENTER, * Plaintiffs *

SECTION: "S"

'fi

VERSUS

*

JACK A. STEPHENS, Sheriff, S1. Bernard **

JUDGE: Mary Ann Vial Lemmon

Parish, DAVID MOWERS, Warden, S1. *

MAG. SECTION: 3

Bernard Parish Prison, CHARLES BURAS, *

Captain, S1. Bernard Parish Prison,

*

MAGISTRATE: Daniel E. Knowles, III

JOHN DOE 1, Mailroom Supervisor, S1. *

Bernard Parish Prison and JOHN DOE 2, *

Mailroom Employee, S1. Bernard Parish *

Prison

Defendants *

*************************

PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION

NOW COME Plaintiffs Prison Legal News and Human Rights Defense Center, through

undersigned counsel, and respectfully file this Motion for Preliminary Injunction pursuant to

Federal Rule of Civil Procedure 65. Plaintiffs request this court to enter a preliminary injunction

to enjoin defendants from enforcing the unconstitutional policy and practice in effect at the S1.

Bernard Parish Prison of banning constitutionally protected publications distributed and

published by plaintiffs, with no notice and no opportunity to be heard.

Injunctive relief is necessary to prevent defendants from interfering with plaintiffs'

fundamental constitutional rights to free speech and expression and due process of law,

guaranteed by the First and Fourteenth Amendments ofthe United States Constitution. The

1

_Fee

_

_Prooess_ _

..LDktd~

_

_ CtAmDep_ _

__Doc. No. _

Case 2:09-cv-07515-JCZ-SS Document 5 Filed 01/12/10 Page 2 of 2
plaintiffs submit that all essential elements for the issuance of a preliminary injunction are present in this matter: 1) a substantial threat that plaintiffs will suffer irreparable injury if the injunction is not granted; (2) a substantial likelihood that plaintiffs will prevail on the merits; (3) the threatened injury to plaintiffs outweighs the threatened harm to the defendants and (4) granting the preliminary injunction will not disserve the public interest.
Plaintiffs have been and will continue to be subjected to irreparable harm for which there is no adequate remedy at law, unless and until this Court provides the injunctive relief requested. Additionally, Plaintiffs request that this Court schedule a hearing date for this Motion.
Respectfully submitted,
M~7 Y E. HOW~ ELL, LSBA #7030
Attorney at Law P.O. Box 19043 New Orleans, LA 70179 (504) 822-4455 (0) (504) 8224458 (Fax)
ELIZABETH C. CUMMING, LSBA#31685 The Justice Center 636 Baronne Street New Orleans, LA 70113 (504) 529-3955 ATTORNEYS FOR PLAINTIFFS
PLN: MotPreInjunc.llJan2010
2

 
 Case: 2:09-cv-07515-JCZ-SS As of: 04/05/2011 06:34 PM CDT 1 of 4
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:09−cv−07515−JCZ−SS

CLOSED

Prison Legal News et al v. Stephens et al Assigned to: Judge Jay C. Zainey Referred to: Magistrate Judge Sally Shushan Cause: 42:1983 Civil Rights Act Plaintiff Prison Legal News
Plaintiff Human Rights Defense Center

Date Filed: 12/03/2009 Date Terminated: 06/17/2010 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Mary E. Howell Mary E. Howell, Attorney at Law 316 S. Dorgenois Street New Orleans, LA 70119 504−822−4455 Email: maryhowell316@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel E. Manville Daniel E. Manville, Attorney at Law P. O. Box 20321 Ferndale, MI 48220 248−890−4720 PRO HAC VICE ATTORNEY TO BE NOTICED
Elizabeth Cumming Capital Appeals Project 636 Baronne St. New Orleans, LA 70113 504−529−5955 Email: elizabethc@thejusticecenter.org ATTORNEY TO BE NOTICED
represented by Mary E. Howell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel E. Manville (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Elizabeth Cumming (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
Jack A Stephens Sheriff, St. Bernard Parish

represented by Mary Ann Hand Gutierrez &Hand 2137 Jackson Boulevard Chalmette, LA 70044 504−277−7755 Email: gutierrezhand@bellsouth.net

Case: 2:09-cv-07515-JCZ-SS As of: 04/05/2011 06:34 PM CDT 2 of 4

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Salvador E. Gutierrez , Jr. Gutierrez &Hand 2137 Jackson Boulevard Chalmette, LA 70044 504−277−7755 Email: gutierrezhand@bellsouth.net ATTORNEY TO BE NOTICED

Defendant
David Mowers Warden, St. Bernard Parish Prison

represented by Mary Ann Hand (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Salvador E. Gutierrez , Jr. (See above for address) ATTORNEY TO BE NOTICED

Defendant
Charles Buras Captain, St. Bernard Parish Prison

represented by Mary Ann Hand (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Salvador E. Gutierrez , Jr. (See above for address) ATTORNEY TO BE NOTICED

Defendant Unidentified Parties

Date Filed 12/03/2009 12/03/2009 12/09/2009 12/16/2009 01/12/2010
01/12/2010 01/13/2010

# Docket Text
1 COMPLAINT against all defendants (Filing fee $ 350) filed by Prison Legal News, Human Rights Defense Center. (Attachments: # 1 Civil Cover Sheet)(ecm, ) (Entered: 12/04/2009)
2 Summons Issued as to Jack A Stephens, David Mowers, Charles Buras. (ecm, ) (Entered: 12/04/2009)
3 ANSWER to 1 Complaint by Jack A Stephens, David Mowers, Charles Buras.(Hand, Mary) (Entered: 12/09/2009)
4 NOTICE Scheduling Conference set for 1/12/2010 10:30 AM before courtroom deputy by telephone.(cbn, ) (Entered: 12/16/2009)
5 EXPARTE/CONSENT MOTION for Preliminary Injunction by Prison Legal News, Human Rights Defense Center. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Exhibit 1, # 4 Exhibit 1a, # 5 Exhibit 1b, # 6 Exhibit 1c, # 7 Exhibit 1d, # 8 Exhibit 1e, # 9 Exhibit 1f, # 10 Exhibit 1g, # 11 Exhibit 1h pt.1, # 12 Exhibit 1h pt.2, # 13 Exhibit 2, # 14 Exhibit 2a, # 15 Exhibit 3, # 16 Exhibit 4)(ecm, ) (Entered: 01/12/2010)
6 Request/Statement of Oral Argument by Prison Legal News, Human Rights Defense Center regarding 5 MOTION for Preliminary Injunction (Attachments: # 1 Proposed Order)(ecm, ) (Entered: 01/12/2010)
7 SCHEDULING ORDER: Final Pretrial Conference set for 9/9/2010 11:00 AM before Judge Mary Ann Vial Lemmon. 2 day Bench Trial set for 9/30/2010 09:00 AM before Judge Mary Ann Vial Lemmon. Signed by Judge Mary Ann Vial Lemmon. (Attachments: # 1 Pretrial Notice Form)(cbn, ) (Entered: 01/13/2010)

Case: 2:09-cv-07515-JCZ-SS As of: 04/05/2011 06:34 PM CDT 3 of 4

01/15/2010 01/15/2010
01/19/2010 01/19/2010
01/19/2010 01/20/2010
01/25/2010 02/02/2010 02/18/2010 03/17/2010 03/25/2010
03/29/2010 04/12/2010 04/12/2010 04/28/2010 05/06/2010 05/07/2010

8 ORDER Status Conference set for 1/19/2010 9:30 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey on 1/14/10.(jrc, ) (Entered: 01/15/2010)
9 ORDER TRANSFERRING CASE. Case transferred to Judge Jay C. Zainey and Magistrate Judge Sally Shushan for all further proceedings. Judge Mary Ann Vial Lemmon, Magistrate Judge Daniel E. Knowles, III no longer assigned to case. Signed by Judge Mary Ann Vial Lemmon on 1/14/10. (NEF: C. Nelson, Judge Shushan and Judge Knowles)(ecm, ) (Entered: 01/15/2010)
10 ORDER: Settlement Conference set for 2/2/2010 09:00 AM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan.(ecm, ) (Entered: 01/19/2010)
11 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 5 receipt number 053L0000000002267815) by Prison Legal News, Human Rights Defense Center. (Attachments: # 1 Proposed Order, # 2 Affidavit Declaration, # 3 Exhibit)(Howell, Mary) Modified on 1/20/2010 (gbw, ). (Entered: 01/19/2010)
13 Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 1/19/2010. Follow−up Status Conference set for 2/18/2010 09:30 AM in chambers before Judge Jay C. Zainey. (gbw, ) (Entered: 01/20/2010)
12 Correction of Docket Entry by Clerk re 11 MOTION to Appear Pro Hac Vice (Filing fee $ 5 receipt number 053L0000000002267815). Document contains incorrect Section and Magistrate Judge. All future pleadings must reflect Section A (Jay C. Zainey) and/or Magistrate Judge 1 (Sally Shushan)(gbw, ) (Entered: 01/20/2010)
14 ORDER granting 11 Motion to Appear Pro Hac Vice as to Daniel E. Manville.. Signed by Judge Jay C. Zainey on 1/25/2010. (gbw, ) (Entered: 01/25/2010)
15 Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Settlement Conference held on 2/2/2010. Settlement discussions are ongoing. (ecm, ) (Entered: 02/02/2010)
16 Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 2/18/2010. Status Conference set for 3/17/2010 11:00 AM in chambers before Judge Jay C. Zainey. (gbw, ) (Entered: 02/22/2010)
19 ORDER that the Status Conference be reset for 3/25/2010 11:00 AM IN CHAMBERS. Signed by Judge Jay C. Zainey on 3/16/2010.(caa, ) (Entered: 03/17/2010)
21 Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 3/25/2010. ORDERED that the parties shall schedule a settlement conference before Magistrate Judge Sally Shushan. Status Conference is set for 4/15/2010 10:30 AM in chambers before Judge Jay C. Zainey. (NEF: MJ Shushan) (gbw, ) (Entered: 03/26/2010)
22 ORDER: A Follow−Up Settlement Conference set for 4/12/2010 10:30 AM − 11:30 AM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan.(ecm, ) (Entered: 03/29/2010)
23 Minute Entry for proceedings held before Magistrate Judge Sally Shushan: A Follow−up Settlement Conference held on 4/12/2010. Settlement discussions are ongoing. (ecm, ) (Entered: 04/12/2010)
24 ORDER Status Conference set for 4/15/2010 10:30 AM is RESET to 4/29/2010 03:30 PM in chambers. Signed by Judge Jay C. Zainey on 4/12/2010.(gbw, ) (Entered: 04/12/2010)
25 ORDER Status Conference RESET for 5/6/2010 3:45 PM before Judge Zainey. Signed by Judge Jay C. Zainey on 4/27/10.(jrc, ) (Entered: 04/28/2010)
26 ORDER Status Conference RESET for 5/13/2010 3:30 PM before Judge Zainey. Signed by Judge Jay C. Zainey on 5/5/10.(jrc, ) (Entered: 05/06/2010)
27 EXPARTE/CONSENT MOTION to Continue by Jack A Stephens, Charles Buras, David Mowers. (Attachments: # 1 Memorandum in Support, # 2 Proposed

Case: 2:09-cv-07515-JCZ-SS As of: 04/05/2011 06:34 PM CDT 4 of 4

05/10/2010 05/11/2010 05/14/2010 05/17/2010 05/18/2010 05/27/2010 05/28/2010 06/16/2010 06/17/2010

Order)(Hand, Mary) Modified to add filers on 5/10/2010 (gbw, ). (Entered: 05/07/2010)
28 Correction of Docket Entry by Clerk re 27 MOTION to Continue. Filing attorney did not select David Mowers, Charles Buras as a filer(s). Clerk added filer. (gbw, ) (Entered: 05/10/2010)
29 ORDER granting 27 MOTION to Continue Status Conference. Status Conference reset for 5/27/2010 2:30 PM before Judge Zainey. Signed by Judge Jay C. Zainey on 5/10/10.(jrc, ) (Entered: 05/11/2010)
30 EXPARTE/CONSENT First MOTION to Approve Consent Judgment by Prison Legal News. (Attachments: # 1 Proposed Order, # 2 Exhibit Policy, # 3 Exhibit Attachment A)(Howell, Mary) Modified attachment description on 5/17/2010 (gbw, ). (Entered: 05/14/2010)
31 Correction of Docket Entry by Clerk re 30 First MOTION to Approve Consent Judgment. Filing attorney did not select category 'Proposed Order' when attaching proposed order (consent judgment). Clerk took corrective action. (gbw, ) (Entered: 05/17/2010)
32 CONSENT JUDGMENT FOR INJUNCTIVE RELIEF ONLY. Signed by Judge Jay C. Zainey on 5/17/10. (Attachments: # 1 Incoming Publications Policy)(jrc, ) (Entered: 05/18/2010)
34 Minute Entry for proceedings held before Judge Jay C. Zainey. Status Conference held on 5/27/2010. Follow−up Status Conference by telephone set for 6/17/2010 2:15 PM before Judge Jay C. Zainey. (jrc, ) (Entered: 06/01/2010)
33 ORDER Telephone Settlement Conference set for 6/10/2010 09:00 AM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan.(ecm, ) (Entered: 05/28/2010)
35 ORDER Telephone Status Conference is reset for chambers 6/17/2010 2:45 PM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey.(jrc, ) (Entered: 06/16/2010)
36 Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 6/17/2010. ORDERED that this action is dismissed as stated herein. (gbw, ) (Entered: 06/18/2010)