Case 1:08-cv-10677 Document 1 Filed 04/23/2008 Page 1 of 11

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

__________________________________________

)

PRISON LEGAL NEWS,

)

)

Plaintiff,

)

)

Civil Action No.

v.

)

)

HAROLD CLARKE, in his individual and official )

capacities; JAMES BENDER, in his individual and )

official capacities; JOHN MARSHALL, in his )

individual and official capacities; KATHLEEN )

DENNEHY, in her individual capacity;

)

)

Defendants.

)

__________________________________________)

COMPLAINT

INTRODUCTION

1. Plaintiff, Prison Legal News (“PLN”), brings this civil rights action under 42

U.S.C. § 1983 for injunctive and declaratory relief, and for money damages, arising out

Defendants’ violations of Plaintiff’s rights to freedom of speech and the press and to due process

under the First and Fourteenth Amendments.

2. Plaintiff is an independent non-profit publisher and bookseller. PLN publishes a

monthly magazine, Prison Legal News, and distributes approximately 40 books of special

interest to prisoners. Prison Legal News has prisoner subscribers in all 50 states, and PLN

distributes books to prisoners in 49 state prison systems and in the federal prison system.

Massachusetts alone refuses to permit PLN to distribute books to its prisoners.

3. From 1998 until 2003, PLN distributed books to prisoners in the custody of the

Massachusetts Department of Corrections (“DOC”) without incident and without any complaints

Case 1:08-cv-10677 Document 1 Filed 04/23/2008 Page 2 of 11
from DOC officials. Since approximately 2003, however, DOC has refused to deliver books distributed by PLN, purportedly because PLN is not one of the handful of “approved vendors” DOC allows to send books to prisoners. PLN has repeatedly written to DOC officials – including Defendant HAROLD CLARKE, the current DOC commissioner; Defendant JOHN MARSHALL, the Assistant Deputy Commissioner; and KATHLEEN DENNEHY, the former DOC commissioner – requesting that the “approved vendor” policy be eliminated, or that PLN be added to the approved vendor list. Defendants have denied or ignored PLN’s requests. The DOC has censored and continues to censor books sent by PLN to DOC prisoners, as well as, on occasion, Prison Legal News, without giving PLN notice or an opportunity to appeal.
JURISDICTION AND VENUE 4. This lawsuit is brought pursuant to 42 U.S.C. §1983 and §1988 against all Defendants for actions under color of state law in violation of the First and Fourteenth Amendments to the United States Constitution. Jurisdiction is proper pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3). Declaratory and further relief are authorized pursuant to 28 U.S.C. §§ 2201 and 2202. 5. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to these claims occurred in this district.
PARTIES 6. Plaintiff, PRISON LEGAL NEWS, is a non-profit, charitable Washington corporation under IRS Code § 501(c)(3) with its headquarters in Seattle, Washington. PLN publishes Prison Legal News, a monthly journal of prison news, court decisions, and other developments affecting the rights of prisoners. PLN also distributes books of interest to
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Case 1:08-cv-10677 Document 1 Filed 04/23/2008 Page 3 of 11
prisoners. Prison Legal News has approximately 6,800 subscribers in all 50 states and abroad. Approximately 65 percent of these subscribers are federal and state prisoners, including approximately 55 prisoners in the DOC’s custody. PLN distributes books to prisoners in 49 states and in the Federal Bureau of Prisons.
7. Defendant HAROLD W. CLARKE (“CLARKE”) is Commissioner of the Massachusetts DOC, a position he has held since November 2007. As Commissioner, CLARKE has ultimate responsibility for the promulgation and implementation of DOC policies, procedures, and practices and for the overall management of the DOC. Defendant CLARKE is being sued in his individual capacity for damages, and in his official capacity for injunctive and declaratory relief. At all relevant times, Defendant CLARKE has acted under color of state law.
8. Defendant JAMES BENDER (“BENDER”) is Deputy Commissioner of the Massachusetts DOC, a position he has held since 2004. The Deputy Commissioner oversees the daily operations of the DOC, and directly supervises Assistant Deputy Commissioners, including Defendant MARSHALL. Defendant BENDER is responsible for departmental adherence to federal and state laws and regulations. For approximately six months in 2007, Defendant BENDER served as Acting Commissioner of the DOC; as such, he had ultimate responsibility for the promulgation and implementation of DOC policies, procedures, and practices and for the overall management of the DOC. Defendant BENDER is being sued in his individual capacity for damages, and in his official capacity for injunctive and declaratory relief. At all relevant times, Defendant BENDER has acted under color of state law.
9. Defendant JOHN MARSHALL, JR. (“MARSHALL”) is Assistant Deputy Commissioner of the Massachusetts DOC, a position he has held since at least 2003. In this
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capacity Defendant MARSHALL is responsible for the formulation and/or implementation of the DOC’s policies regarding prisoner property including the approved vendor policy at issue in this case. Defendant MARSHALL is being sued in his individual capacity for damages, and in his official capacity for injunctive and declaratory relief. At all relevant times, Defendant BENDER has acted under color of state law.
10. Defendant KATHLEEN DENNEHY (“DENNEHY”) was Commissioner of the Massachusetts DOC from March 2004 until approximately May 2007. As Commissioner, DENNEHY had ultimate responsibility for the promulgation and implementation of DOC policies, procedures, and practices and for the overall management of the DOC. Defendant DENNEHY is being sued in her individual capacity for damages. At all relevant times, Defendant DENNEHY acted under color of state law.
FACTS 11. Plaintiff publishes a monthly magazine, Prison Legal News, and also distributes books and other written materials concerning the legal rights of prisoners and the conditions affecting them. 12. Prison Legal News consists of articles from legal scholars, attorneys, inmates, and news wire services. Each issue of Prison Legal News contains articles on recent court decisions, as well as practical advice for prisoners on how to litigate and protect their rights. PLN has been publishing this magazine since May 1990. 13. Prison Legal News has approximately 6,800 subscribers in all 50 states and abroad. Approximately 65 percent of those subscribers are state and federal prisoners. Approximately 55 inmates confined in Massachusetts DOC facilities subscribe to Prison Legal
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News. 14. Plaintiff is also a distributor of approximately 40 books and other written
materials of interest to prisoners. Among the titles PLN sells or otherwise distributes are No Equal Justice: Race and Class in the American Criminal Justice System; Represent Yourself in Court: How to Prepare and Try a Winning Case; Prisoner Diabetes Handbook: A Guide to Managing Diabetes – For Prisoners, by Prisoners; and Prison Writing in 20th Century America, as well as English, Spanish-English, and legal dictionaries. PLN began distributing books in 1998.
15. PLN distributes the books and written materials in its catalog primarily through mail order sales. PLN distributes the Prisoner Diabetes Handbook free upon request. PLN also distributes copies of other titles in its catalog as a promotion to subscribers to the magazine.
16. PLN is the sole distributor of four publications. Prisoners have no means of obtaining these titles except through PLN. Plaintiff is also the publisher and sole distributor of the Prisoners’ Guerrilla Handbook to Correspondence Programs in the United States and Canada.
17. By publishing its magazine, and distributing selected books and other publications, PLN is engaged in expressive activity. Among the ideas and political beliefs that PLN seeks to communicate are that prisoners have basic human rights, that they are entitled to safe and humane conditions of confinement, that corrections officers and public servants should be held accountable when they engage in misconduct, and that encouraging prisoner literacy and education benefits not only prisoners but society at large. Many of the titles PLN distributes contain critiques of the American criminal justice and prison systems. From time to time, Prison
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Legal News publishes articles on issues involving the Massachusetts Department of Corrections. Articles within the past few years include “Massachusetts Prisoner Awarded $250,000 for Assault During Strip Search,” “Massachusetts Prisoners Battle MRSA, Untreated Hepatitis C,” and “A Death in Custody: Massachusetts DOC Wracked by Scandal” (about the murder of defrocked priest John Geoghan).
18. PLN distributes its books to prisoners incarcerated in state correctional institutions in every other state but Massachusetts, as well as in the Federal Bureau of Prisons, without incident. California, the largest state prison system in the country, recently eliminated its “approved vendor” policy and expressly permits prisoners to receive materials from PLN.
19. From 1998 until 2003, Massachusetts DOC prisoners regularly ordered and received PLN books and other publications, including Prison Legal News, without incident. No DOC employee ever indicated to PLN that its materials created any security or prison management problem or otherwise threatened any penological interest.
20. In 2003, the Massachusetts DOC began refusing to deliver to DOC prisoners any materials from PLN other than the magazine. Since that time, PLN has received multiple complaints from subscribers whose access to PLN’s books and other publications for which they have paid – and, on occasion, their subscription to Prison Legal News – has been blocked by DOC employees pursuant to the policies of Defendants. PLN records indicate in each instance that the undelivered materials were received by the DOC facility where the inmate resided.
21. Notwithstanding DOC’s regulations requiring notice and an opportunity for appeal, see 103 C.M.R. § 481.16, as well as clearly established interpretations of the federal Due Process Clause, DOC has never notified PLN in any of the instances when it has refused to
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Case 1:08-cv-10677 Document 1 Filed 04/23/2008 Page 7 of 11
deliver materials from PLN. 22. Such censorship and lack of notice continue to the present day. As recently as
March 2008, prison officials, in accordance with Defendants’ policies and practices, refused to deliver two books from PLN to a prisoner at Souza-Baranowski Correctional Center. No notice was sent to PLN, which learned of the censorship from the prisoner.
23. Since 2003, PLN has made multiple requests to Defendants to permit it to distribute its books to DOC inmates. On each occasion, PLN has requested that the DOC eliminate the pre-approved vendor policy or that, at a minimum, it add PLN to the list of approved vendors.
24. Defendants have either ignored these requests or provided groundless reasons for denying them. In 2003, Defendant Marshall wrote, inter alia, that he could not consider the request without a copy of PLN’s “foreign registration certificate for the Commonwealth of Massachusetts,” even though mail-order businesses like PLN, which do not have a physical presence in Massachusetts, are not required to file any such certificate. In 2005, Defendant Marshall, acting on Defendant Dennehy’s behalf, denied the request based on the incorrect assertion that all of the books in PLN’s inventory were available from other, approved sources. PLN has received no response to its most recent request to be added to the approved vendor list, which was sent in December 2007 to Defendant Clarke.
25. Defendants have not promulgated a standardized means, mechanism, or set of criteria for approving book and magazine vendors at DOC institutions. The DOC has no uniform guidelines for vendors seeking approved status, there are no procedures to notify vendors of a time frame within which a decision will be made, and there are no procedures for notifying
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Case 1:08-cv-10677 Document 1 Filed 04/23/2008 Page 8 of 11

vendors how to appeal the denial of approved vendor status. Defendants typically do not even

notify vendors that their requests have been denied.

26. On information and belief, Defendants do not have or do not follow uniform

procedures to notify publishers and distributors of DOC correctional institutions’ refusal to

deliver publications, nor do they have sufficient, or perhaps any, procedures in place that allow

publishers and distributors to appeal such refusals.

27. PLN has an interest, protected by the First and Fourteenth Amendments, in

communicating with DOC prisoners who have subscribed to its magazine and with prisoners

who have ordered, or would like to order, titles from its inventory of books. Plaintiff has been

harmed and continues to be harmed by Defendants’ interference with that communication.

Plaintiff has also been harmed and continues to be harmed by the loss of revenue and good will,

and damage to its business reputation, as DOC prisoners are deterred and prevented from

ordering PLN publications and deterred from subscribing to Prison Legal News.

28. Defendants continue to engage in the foregoing actions and omissions as of the

date of this complaint. Plaintiff PLN is suffering irreparable harm as a result of Defendants’

continued violations of its constitutional rights, and therefore Plaintiff has no adequate remedy at

law. These violations are continuing and will continue until enjoined by this Court.

CLAIMS FOR RELIEF

Count I:

42 U.S.C. § 1983, for Violations of the First and Fourteenth Amendments, Against All Defendants

29. Plaintiff incorporates all of the above paragraphs by reference.

30. Defendants’ refusal to deliver publications from Plaintiff to prisoners in

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Defendants’ custody violates Plaintiff’s rights to freedom of speech and freedom of the press as guaranteed by the First Amendment to the United States Constitution, made applicable to the states by the Fourteenth Amendment to the United States Constitution.
31. As a direct and proximate result of Defendants’ conduct in violation of Plaintiff’s First Amendment rights as set forth above, Plaintiff has suffered, and continues to suffer, financial and reputational harm including lost business income and lost business good will, as well as irreparable harm to its right to expression.
32. Defendants’ actions have been committed with reckless indifference to Plaintiff’s federally protected rights.
33. The law establishing the illegality of Defendants’ actions was clearly established at the time such actions were taken. Count II: 42 U.S.C. § 1983, for Violations of the Fourteenth Amendment,
Against All Defendants 34. Plaintiff incorporates all of the above paragraphs by reference. 35. By failing to give notice of the censorship of publications sent by PLN to DOC prisoners, and an opportunity to be heard with respect to this censorship, Defendants have deprived and continue to deprive Plaintiff of liberty and property without due process of law, in violation of the Fourteenth Amendment to the United States Constitution. 36. As a direct and proximate result of Defendants’ conduct in violation of Plaintiff’s due process rights as set forth above, Plaintiff has suffered, and continues to suffer, financial and reputational harm including lost business income and lost business good will, as well as irreparable harm to its right to liberty and property interests.
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37. Defendants’ actions have been committed with reckless indifference to Plaintiff’s federally protected rights.
38. The law establishing the illegality of Defendants’ actions was clearly established at the time such actions were taken.
WHEREFORE, Plaintiff respectfully requests that this Court (a) enter judgment declaring that the acts, conduct, and omissions of Defendants
violate the First Amendment and the Fourteenth Amendment to the United States Constitution; (b) enter an order enjoining Defendants CLARKE, BENDER, and MARSHALL, and their employees, agents, and any and all persons acting in concert with them, from further violation of Plaintiff’s First Amendment and Fourteenth Amendment rights; (c) award compensatory, punitive and nominal damages against all Defendants subject to proof at trial; (d) award Plaintiff reasonable attorney’s fees, litigation expenses, and costs pursuant to 42 U.S.C. § 1988, and any other applicable law; and (e) grant any additional relief as may be necessary and proper. A JURY TRIAL IS HEREBY DEMANDED ON PLAINTIFF’S CLAIMS FOR MONETARY DAMAGES.
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Dated: April 23, 2008

RESPECTFULLY SUBMITTED,
PRISON LEGAL NEWS, By its attorneys,
/s/ Howard Friedman Howard Friedman BBO #180080 David Milton BBO #668908 Law Offices of Howard Friedman, P.C. 90 Canal Street, 5th Floor Boston, MA 02114-2022 Tel: (617) 742-4100 Fax: (617) 742-5858 hfriedman@civil-rights-law.com dmilton@civil-rights-law.com

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 05/12/2003 15:14 5177277403

LEGAL

PAGE 82/07

SETTLEMENT AGREEMENT

This SETTLEMENT AGREEMENT is entered into by and bet.'een PRISON

LEGAL NEWS ("PLN") and the MF.SSACHUSETTS DEP7IRTMENT OF CORRECTION

(" DEPARTMENT"), on behalf of itself and HAROLD OLARKE, JAMES BENDER,

JOHN

and KATHLEEN DENNEHY (collectively "the DEFENDANTS") .

WHEREAS, PLN commenced a lawsuit in the United States District

Court for the District of Massachusetts, entitled Prison Legal News

v. Harold Clarke, et al., USDC NO. 08-10677-RGS (the "litigation " );

and

WHEREAS, the DEPARTMENT and the DEFENDANTS deny any violation

of PLN's constitutional rights and deny all of the legal claims

asserted or which could have been asserted by PLN

the litigation

or in any other forum; and,

WHEREAS, the parties wish to settle the litigation in the

spirit of compr.omise and in avoidance of further protraoted

litigation;

NOW, THEREFORE, in consideration for the promises oontained

herein, the SUfficiency of which is hereby acknowledged, the parties

hereto agree as follows:

1. The

shall pay PLN the sum of $5,000.00 (five

thousand dollars), inclusive of any attorneys fees and

costs, by delivering a check for that amount to its

counsel. the Law Offices of Howard Friedman, made payable

to,

Friedman as attorney for PRISON LEGAL NEWS" f

in full settlement of all claims against the defendants

arising out of or related to the aots and omissions

alleged in the above described litigation. The

DEPARTMENT shall forthwith initiate the process by which

the

of Massachusetts shall issue payment.

LEGAL

PAGE 03/07

2. The DEPARTMENT acknowledges that PLN sells and otherwise

distributes books, magazines and other publicati.ons, some

of which PLN publishes and soms of which PLN does not

(collectively, npublications"). The DEPARTMENT agrees

that PLN may distribute to DEPARTMENT inmates any of the

publications it currently distributes or that it may in

the future distribute, subject to the requirements set

forth in J.03 CMR 481. 00, Inmate Mail. The DEPARTMENT

fur-ther acknowledges that it has provided notice to all

superintendents that PLN may distribute its publications

to DEPARTMENT inmates, SUbject to the requirements set

forth in 103 CMR 481.00, Inma Mail. The DEPARTMENT

further agrees to re-issue a not ce to all

superintendents that PLN may distribute its pUblications

to

inmates, subject to the requirements set

forth in 103 CMR 481.00, Inmate

3. The DEPARTMENT shall provide a general notice to all DEPARTMENT inmates that they may order and receive publications from PLN, subject to the reqUirements set forth in lC3 CMR 481.00, Inmate Mail, by posting this information in an area where inmates generally receive notices and information at the inmate law library at each DEPARTMENT facility. The DEPARTMENT may note that the notice is for informational purposes only, and that said notice does not in any way represent the DEPARTMENT'S views, promotion, endorsement or sponsorship of PLN, moreover, that some of these publications may be available through other sources as well.

4. The

agrees to notify PLN in writing, pursuant

to 103 CMR 481.16(21 if any p,jblication sent by PLN is

received at any DOC instit\Jtion but not delivered to the

inmate to whom it was addressed. Such notice shall

include the reason the publication was not delivered.

S. PAUL WRIGHT, an authorized representative for PLN, shall sign a Release, a copy of which is attached hereto.

6. Upon execution of this Settlement Agreement, PLN shall execute the attached Stipulation of Dismissal, and deliver it forthwith to counsel for the DEPARTMENT, who shall then execute it and fi it with the United States District Court for the District of Massachusetts.

7. This Settlement Agreement shall be ccnstrued in accordance with the laws of the Commonwealth of Massachusetts.

05/12/2009 15:14 5177277403

LEGAL

I-'Al.::it:. tl4/tl(

8. This Settlement Agreement constitutes and embodies the entire agreement and understanding between the parties.
9. If any term of this Settlement Agreement shall be held to be invalid, illegal or unenforceable, the validity of all other terms hereof shall be in no way affected thereby, and this Settlement Agreement shall be construed and enforced as if such invalid, illegal or unenforceable term had not been included herein.

IN WITNESS WHEREOF, each of the parties hereto has caused this Settlement Agreement to be executed in their names and on their behalf. PLAINTIFF:

Its Attorney:

j

Dated:

Milton

Law Offices of Howard Friedman, P.C.

90 Canal Street, S"h Floor

Bosten, MA 02114

(617) 742-4100

DEFENDANTS:

By Their Attorneys:

ATTORNEY GENERAL
Dated: Kev n A Counsel Department f Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110 (617) 727-3300 ext. 125

/I

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!)eva.! L. Patrick Governor
Timothy P. lIIuntl.y
Lieutenan.t GOtJemor'

The Commonwealth ofMassachusetts
Executive Office ofPublic Safety & Security Department ofCorrection Northern Sector
P. 0. Box 9125
Concord, MA 01742-9125
, (978) 405-6600 Fax,' (978) 405-6619

Harold W. Cla<k.

Commie:sioner

James R. Bender

Itotulld T. Dnva.!

Veronl"" 11.1:. Madden

Deputy

!'nul L. DIPaolo

Acting

Deputy

Commissioner

MEMORANDUM

TO:

FROM: DATE:

Assis= Depmy Commissioner

SUBJECT:

Prison Legal News - Settlement Agreement

Subject to the requirements set forth in 103 CMR 481.00,

Prison Legal News may

distribute its publications to Depan.ment inmateS, M".oreover, if a publication is received at the

institution, but is not delivered to the inmate to whom it wos addressed, please ellSure that the

institution's Mailroom staff follow 103 CMR 481.16(2), including providing written notice to

Prison Legal News detailing the reasons for the denial

Please provide a copy of this llOtice to your Mailroom staff and ensure the notice is posted in the institution's Mailroom.

If there ,are any questions pertaining to this notice, contact our office. Thank)lDtl for yoUT cooperatlon.

ee: James R Bender, Depllty Q)!umissioner Nancy A W'hite, General Counsel Kevin A Anahoty, Coll!1Sel
Luis S. Spemer, Assistant Deputy Commissioner - Southern Sector File

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LEGAL

PAGE 05/07

Deval L. Patrick Governor
Timotby P. Murr3Y LJ'ttruenant Governor
Kevin M. Burke
Secretary

The Commonwealth ofMassachusetts

Executive Office of Public Safety and Security

Department of Correction

Division ofInmate Training and Education

Post Office Box 71

Hodder House

2 Merchant Road

Framingham, MA 01704-0071

Tel: (508)-935-0901

Fax: (508)-935-0907

Harold W. Clar!,.
Commissioner
James R. Bender ROllilld T. Duval Veronica M. MJldden Deputy COmJni.<;osioners
Carolyn J. Vicari
Dlrec.lor

To: From: Re: Date:

Department of Correction Librarians Mary-]o Sweeney, Manager of Library Prison Legal News
May 12, 2009

The Department of Correction Legal Division has requested that the attached notice concerning Prison Legal News be placed in an area where inmates gen.erally receive notices and infonnation at every inmate library, Please ensure this notice is posted, Please notify institution personnel, as needed, concerning posting of this message,' Let me know if you have any questions.
Thank you,

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LEGAL

PAGE 07/07

Subject to the requirements set forth in 103 CMR 481.00, Inmate Mail, you may purchase and receive publications from Prison Legal News. This notice is for informational purposes only and does not in any way represent the Department of ··Correction's views, promotion, endorsement or sponsorship of Prison Legal News; moreover, some of the publications may be
available through other sources as well.

 
 Case: 1:08-cv-10677 As of: 01/17/2013 11:26 AM EST 1 of 3
United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:08−cv−10677−RGS

CLOSED

PRISON LEGAL NEWS v. Clarke et al Assigned to: Judge Richard G. Stearns Cause: 28:1983 Civil Rights
Plaintiff PRISON LEGAL NEWS

Date Filed: 04/23/2008 Date Terminated: 05/14/2009 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by David Milton Law Offices of Howard Friedman 90 Canal Street 5th Floor Boston, MA 02114−2022 617−742−4100 Fax: 617−742−5858 Email: dmilton@civil−rights−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Howard Friedman Law Offices of Howard Friedman, P.C. 90 Canal Street 5th Floor Boston, MA 02114−2022 617−742−4100 Fax: 617−742−5858 Email: hfriedman@civil−rights−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Harold W. Clarke in his individual and official capacities
Defendant James Bender in his individual and official capacities
Defendant John Marshall, Jr. in his individual and official capacities
Defendant

represented by Kevin A. Anahory Department of Correction 170 Franklin Street Suite 600 Boston, MA 02110 617−727−3300 Fax: 617−727−7403 Email: kaanahory@doc.state.ma.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kevin A. Anahory (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kevin A. Anahory (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:08-cv-10677 As of: 01/17/2013 11:26 AM EST 2 of 3

Kathleen Dennehy in her individual capacity

represented by Kevin A. Anahory (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/23/2008 04/23/2008 04/23/2008 04/23/2008
04/23/2008
05/13/2008 05/29/2008
06/09/2008 06/09/2008
06/09/2008 06/11/2008 06/16/2008 06/16/2008 06/16/2008

# Docket Text
1 COMPLAINT against all defendants Filing fee: $ 350, receipt number 01010000000001936024, filed by PRISON LEGAL NEWS. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet)(Friedman, Howard) (Entered: 04/23/2008)
2 NOTICE of Appearance by David Milton on behalf of PRISON LEGAL NEWS (Milton, David) (Entered: 04/23/2008)
3 CORPORATE DISCLOSURE STATEMENT by PRISON LEGAL NEWS. (Milton, David) (Entered: 04/23/2008)
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Sorokin (Sonnenberg, Elizabeth) (Entered: 04/23/2008)
4 Summons Issued as to Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Sonnenberg, Elizabeth) (Entered: 04/23/2008)
5 Assented to MOTION for Extension of Time to 06/09/2008 to File Response/Reply as to 1 Complaint by Harold W. Clarke, James Bender, John Marshall, Jr.(Anahory, Kevin) (Entered: 05/13/2008)
Judge Richard G. Stearns: Electronic ORDER entered granting 5 Motion for Extension of Time to File Response/Reply re 5 Assented to MOTION for Extension of Time to 06/09/2008 to File Response/Reply as to 1 Complaint Responses due by 6/9/2008 (Zierk, Marsha) (Entered: 05/29/2008)
6 MOTION for Summary Judgment by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy.(Anahory, Kevin) (Entered: 06/09/2008)
7 MEMORANDUM in Support re 6 MOTION for Summary Judgment filed by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy. (Attachments: # 1 Exhibit Affidavit of John Marshall, # 2 Exhibit Affidavit of John Marshall pt.2, # 3 Exhibit Affidavit of Mary Jo Sweeney, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(Anahory, Kevin) (Entered: 06/09/2008)
8 CERTIFICATE OF SERVICE by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy re 6 MOTION for Summary Judgment, 7 Memorandum in Support of Motion,. (Anahory, Kevin) (Entered: 06/09/2008)
9 MOTION for Leave to File Excess Pages by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy.(Anahory, Kevin) (Entered: 06/11/2008)
10 MOTION to Strike Defendants' Motion for Summary Judgment, and to Allow Discovery Under Rule 56(f) by PRISON LEGAL NEWS.(Milton, David) (Entered: 06/16/2008)
11 MEMORANDUM in Support re 10 MOTION to Strike Defendants' Motion for Summary Judgment, and to Allow Discovery Under Rule 56(f) filed by PRISON LEGAL NEWS. (Milton, David) (Entered: 06/16/2008)
12 AFFIDAVIT of David Milton in Support re 10 MOTION to Strike Defendants' Motion for Summary Judgment, and to Allow Discovery Under Rule 56(f) filed by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit A to Declaration of David Milton)(Milton, David) (Entered: 06/16/2008)

Case: 1:08-cv-10677 As of: 01/17/2013 11:26 AM EST 3 of 3

06/24/2008 06/26/2008 06/26/2008
06/26/2008 06/26/2008 07/17/2008 12/04/2008 01/15/2009 01/15/2009 01/15/2009 01/22/2009
05/12/2009 05/14/2009

13 Opposition re 10 MOTION to Strike Defendants' Motion for Summary Judgment, and to Allow Discovery Under Rule 56(f) filed by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy. (Attachments: # 1 Exhibit Opposition Exhibits)(Anahory, Kevin) (Entered: 06/24/2008)
14 Assented to MOTION for Leave to File a Reply by PRISON LEGAL NEWS. (Attachments: # 1 Exhibit A −− Proposed Reply)(Milton, David) (Entered: 06/26/2008)
Judge Richard G. Stearns: Electronic ORDER entered denying 6 Motion for Summary Judgment without prejudice. The motion is denied as premature. Defendant shall file an answer within twenty−one (21) days of the date of this Order. The court will set a scheduling conference, at which time it will consider the extent of discovery and whether this matter warrants an expedited schedule for dispositive motions. (Tyler, Rebecca) (Entered: 06/26/2008)
Judge Richard G. Stearns: ORDER entered granting in part and denying in part 10 Motion to Strike. The motion is granted to the extent it argues that the motion for summary judgment is premature. The court will determine the scope of discovery at the scheduling conference. (Tyler, Rebecca) (Entered: 06/26/2008)
Judge Richard G. Stearns: Electronic ORDER entered granting 9 Motion for Leave to File Excess Pages; finding as moot 14 Motion for Leave to File. (Tyler, Rebecca) (Entered: 06/26/2008)
15 ANSWER to 1 Complaint with Jury Demand by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy.(Anahory, Kevin) (Entered: 07/17/2008)
16 NOTICE of Scheduling Conference entered: Scheduling Conference set for 1/22/2009 at 02:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Johnson, Mary). (Entered: 12/04/2008)
17 CERTIFICATE OF CONSULTATION Pursuant to L.R. 16.1(D)(3). (Anahory, Kevin) (Entered: 01/15/2009)
18 JOINT STATEMENT re scheduling conference. (Milton, David) (Entered: 01/15/2009)
19 CERTIFICATE OF CONSULTATION Pursuant to L.R. 16.1(D)(3). (Milton, David) (Entered: 01/15/2009)
Clerk's Notes for Rule 16(b) proceedings held before Judge Richard G. Stearns: Initial disclosures due by 2/5/2009; written discovery requests served by 2/19/2009; Answers to interrogatories and document requests served by April 1, 2009. Plaintiffs will depose defendant John Marshall, Jr. by May 22, 2009. If PLN requires further discovery, it will file with the court a request with a statement regarding the relevance of the additional discovery and proposed schedule to obtain that discovery. Also, if defendants claim qualified immunity, they will file similar request with the court regarding any further discovery to support the defense. SO ORDERED. (Attorneys present: David Milton and Hoawrd Friedman for Prison Legal News; Kevin Anahory for DOC officials) (Zierk, Marsha) (Entered: 01/22/2009)
20 STIPULATION of Dismissal by Harold W. Clarke, James Bender, John Marshall, Jr, Kathleen Dennehy. (Anahory, Kevin) (Entered: 05/12/2009)
Civil Case Terminated. (Johnson, Mary) (Entered: 05/14/2009)