UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

PRISON LEGAL NEWS and HUMAN RIGHTS DEFENSE CENTER
Plaintiffs VERSUS

, , , , ,

MARLIN GUSMAN, Sheriff, Orleans Parish, CARLOS LOUQUE, Warden,

,
, ,

House of Detention, KEVIN WINFIELD, Warden, Old Parish Prison, CHARLES EZEB, Warden, Temporary Jails, JERROD

,
,

SPINNEY, Warden, Conchetta, BONITA

•

PIITMAN, Warden, Templeman V,

•

J. DOE 1, Mai lroom Supervisor,

•

OPSO and J. DOE 2, Mailroom Employee, OPSO,

, •

Defendants

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*••••*•******• **• *• ****••**• •

NUMBER: SECTION:
JUDGE: 11- 227 7
MAG. SECTION:
MAGISTRATE: SECT. SMAG. 4

COMPLAINT

INTRODUCTION

This lawsuit involves a challenge to the policies and practices of defendants which have

resulted in the unlawful censorship and exclusion of books and magazines protected by the 151

and 14111 Amendments to the U.S. Constitution which are published and distributed by plaintiffs,

and which were sent via U.S. mail to individual subscribers in custody at the Orleans Parish

Prison (OPP). Plaintiffs also challenge defendants' policies and practices which fail to provide

adequate notice and an opportunity to be heard to review decisions censoring and excluding

books and magazines distributed by plaintiffs to OPP prisoners, in violation of due process of the

law. The law on these issues is well-established. Defendants have acted in an arbitrary and

unreasonable manner in contravention of over thirty years of well-settled case law.

Statement of Claims I. 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. 2. At all relevant times defendants have acted under color of law and in the course and scope of their employment. Defendants have violated and continue to violate plaintiffs' constitutional rights protected by the First and Fourteenth Amendments to the U. S. Constitution. The actions of the defendants have caused and continue to cause injuries to the plaintiffs, as described herein.
Jurisdiction and Venue 3. This action is brought pursuant to 42 U.S.C. Sec. 1983 and 1988. Jurisdiction is based on 28 U.S.C. Sec. 1331 , 1343(a)(3) and (4), and the aforementioned federal statutory and constitutional provisions. 4. Venue is proper in this Court under 28 U.S.c. Sec. 1391 as the events complained of occurred within this district.
Parties 5. Plaintiff Prison Legal News (hereafter referred to as PLN) is a monthly prison law magazine distributed across the nation to prisoners, attorneys, judges, law libraries and other subscribers. Plaintiff PLN is also a book distributor, specializing in books and materials regarding prisoners' rights and issues related to the criminal justice and corrections systems. PlaintiffPLN is a project and wholly owned subsidiary of the plaintiff Human Rights Defense
2

Center which is a non-profit, tax exempt (IRS section 501(c)(3)) corporation. I-Iuman Rights Defense Center is the publisher ofPLN. PLN's offices are in Brattleboro, Vermont.
6. Defendant Marlin Gusman is the elected Sheriff of Orleans Parish. He has overall responsibility for the policies, procedures, operations and supervision of the Orleans Parish Sheriffs Office, its employees, agents, and assigns, including all correctional facilities under the control of his office, including the Orleans Parish Prison (OPP). Orleans Parish Prison is composed of several correctional facilities including House of Detention (HOD), Old Parish Prison, Temporary Jails (the Tents), Templeman V, and Conchetta. Defendant Gusman is a final policymaker for the Orleans Parish Sheriff's Office and the Orleans Parish Prison. He is sued in his official and individual capacity. He is a resident, of full age of majority, of the Eastern District of Louisiana.
7. Defendant Carlos Louque is an employee of the Orleans Parish Sheriff's Office, acting under the direction and supervision of Defendant Gusman. He is the warden of the House of Detention (HOD), one of the facilities comprising the Orleans Parish Prison. HOD is sometimes also referred to as CLU. He has responsibility for the policies, procedures and operations of the HOD, its employees, agents and assigns, including receipt and distribution of books, magazines and other reading materials to prisoners. On infonnation and belief, he is a final policymaker for HOD regarding mail delivery policies and procedures for persons in custody at HOD. He is sued in his official and individual capacity. He is a resident, of full age of majority of the Eastern District of Louisiana.
8. Defendant Kevin Winfield is an employee of the Orleans Parish Sheriff's Office, under the direction and supervision of Defendant Gusman. He is the warden of Old Parish
3

Prison, one of the facilities comprising Orleans Parish Prison. He has responsibility for the policies, procedures and operati ons of Old Parish Prison, its employees, agents and assigns, including receipt and distribution of books, magazines and other reading materials to prisoners. On infonnation and belief, he is a final policymaker for Old Parish Prison regarding mail delivery policies and procedures for persons in custody at Old Parish Pri son. He is sued in his official and individual capacity. He is a resident, offull age of majority of the Eastern District of Louisiana.
9. Defendant Bonita Pittman is an employee of the Orleans Parish Sheriffs Office, under the direction and supervision of Defendant Gusman. She is the warden of Templeman V, one of the facilities comprising Orleans Parish Prison. She has responsibility for the policies, procedures and operations of Templeman V, its employees, agents and assigns, including receipt and distribution of books, magazines and other reading materials. On information and belief, she is a final policymaker for Templeman V regarding mail delivery policies and procedures for persons in custody at Templeman V. She is sued in her official and individual capacity. She is a resident, of full age and majority of the Eastern District of Louisiana.
10. Defendant Charles Ezeb is an employee of the Orleans Parish Sheriff's Office, under the direction and supervision of Defendant Gusman. He is the warden of the Temporary Jails (Tents), one of the facilities comprising Orleans Parish Prison. He has responsibility for the policies, procedures and operations ofthe Tents, employees, agents and assigns, including receipt and distribution of books, magazines and other reading materials. On information and belief, he is a final policymaker for the Temporary Jails (Tents) regarding mail delivery policies and procedures for persons in custody at that facility. He is sued in his official and individual
4

capacity. He is a resident, of full age and majority of the Eastern District of Louisiana. II. Defendant Jerrod Spinney is an employee of the Orleans Parish Sheriff's Office,
under the direction and supervision of Defendant Gusman. He is the warden of Conchetta, one of the facilities comprising Orleans Parish Prison. He has responsibility for the policies, procedures and operations of Conchetta, its employees, agents and assigns, including receipt and distribution of books, magazines and other reading materials. On infonnation and belief, he is a final policymaker for Conchena regarding mail delivery policies and procedures for persons in custody at Conchetta. He is sued in his official and individual capacity. He is a resident of full age and majority of the Eastern District of Louisiana.
12. Defendant 1. Doe 1 is an employee of the Orleans Parish Sheriffs Office, under the direction and supervision of defendants Gusman, Louque, Winfield, Pittman, Ezeb and Spinney. He/she is a supervisory official at Orleans Parish Prison responsihle for implementation of the policies, procedures and operations of the Orleans Parish Prison regarding mail receipt and distribution of books, magazines and other reading materials to prisoners. Defendant Doe 1 also supervises OPSO employees, agents and assigns with duties related to mail receipt and distribution to prisoners. Helshe is sued in hislher official and individual capacity and, on infonnation and belief, is a resident of full age and majority of the Eastern District of Louisiana ..
13. Defendant J. Doe 2 is an employee of the Orleans Parish Sheriff's Office, under the direction and supervision of the defendants Gusman, Louque, Winfield, Pittman, Ezeb,
Spinney and J. Doc 1. He/she is responsible for implementation of the policies, procedures and
operations of the Orleans Parish Prison regarding mail delivery of books, magazine and other
5

reading materials. Defendant Doe 2 is sued in hislher official and individual capacity and, on information and belief, is a person of full age and majority and a resident of the Eastern District of Louisiana.
Statement of Facts 14. Plaintiffs publish and distribute a monthly 56-page legal information magazine entitled "Prison Legal News" (PLN the magazine) dealing with the rights of incarcerated individuals. Each monthly issue of PLN the magazine provides updates on legal cases and court decisions, as well as information about important legal issues such as access to courts and counsel, disciplinary hearings, prison conditions, excessive force, mail censorship, jail litigation, visitation, access to telephones; religious freedom, prison rape, and the death penalty, among other related topics. PLN the magazine 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 seven thousand (7,000) subscribers nationwide, including prisoners in local , state and federal correctional facilities, attorneys, judges and law libraries. 15. Plaintiffs also publish and distribute forty-four (44) soft-cover legal and self help books by other publishers, regarding the criminal justice system. These reading materials are designed to foster a better understanding of criminal justice policies and issues and to allow prisoners to educate themselves about basic related issues including legal research, how to write a business letter, health care issues and similar topics. Subscribers to PLN the magazine at Orleans Parish Prison were also sent a complimentary copy of the soft-cover book "Protecting Your Health and Safety: Prisoners' Rights", (hereafter "Protecting Your Health and Safety") published by the Southern Poverty Law Center (SPLC), based in Montgomery, Alabama.
6

16. BegilUling on September 15,2010 and continuing to the present, thirty-five (35) individual prisoners in custody of the defendants have become, at various times, subscribers to PLN the magazine. Plaintiffs have sent to each subscriber, monthly, a copy ofPLN the magazine, postage prepaid, via U.s. mail. These 35 subscribers have also been mailed a copy of the book "Protecting Your Health and Safety".
17. Defendant Sheriff Gusman has adopted a policy and practice, implemented by and through the defendants and other OPSO employees and staff, that impermissibly infringes upon plaintiffs rights to distribute its books and magazines to prisoners confined in the Orleans Parish Prison.
18. Defendant Sheriff Gusman' s policy is made avai lable to the publ ic on his website, www.opcso.or(!. In the section entitled "Inmate Mail and Visitation" the policy states, under the caption "Other mail guidelines" as follows: ''No books, magazines, newspapers or periodicals of
any kind". 19. Regarding magazines, newspapers and periodicals, Defendants' written policy is a
flat ban on any of these materials being distributed to prisoners through the mail. The policy is contained in the operations manual of the Orleans Parish Prison, Chapter: Inmate Communication and Mail, Index# 1401.2 and states as follows:
" II . Magazines, Newspapers and Periodicals: Inmates may not receive magazines, newspapers, or any other periodicals through the mail. These items may be purchased through the inmate commissary" 20. The only magazines on the inmate commissary li st, titled the "Orleans Commissary Menu" are Newsweek and Essence.
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21. Regarding books, Defendants' written policy, also contained in Index #1 401.2 , states as foll ows:
" 10. Books. Books may be accepted with the approval of the facility Warden. If approved, the book must have a soft-cover and come directly from the publisher (books received from bookstores, or any other source, and hard-cover books will be refused and returned) . The books are then delivered to the faci lity Warden's Office. The context of the book must meet the approval of the facility Warden or the book will be refused and returned. Ifbooks are found unacceptable the Warden will return them to the Mail Room where they are documented in the return log book with the reason for refusal. the irunate name, and the inmate folder number. The books are then returned to the sender. It should also be noted that books are available for purchase through the inmate commissary." (Emphasis added). 22. Defendants ' policy totally prohibits soft-cover books mai led directly to prisoners from distributors such as plaintiffs, as well as bookstores. In addition, it delegates to each warden of the various facilities the unbridled discretion to censor and excl ude soft-cover books, even those sent directly from the publisher, without providing any guidelines, standards or criteria fo r determining what is acceptable or "unacceptable". There are also no requirements to provide notice to the sender of the book of the reasons for censorship and exclusion or the opportunity to be heard and procedures for review of the decision. Furthermore, there are no time limits within which the various wardens must make a decision regarding whether a book is acceptable or
8

"unacceptable." 23. The only books on the inmate commissary list are the Bible, the Koran, a
dictionary and a listing often (10) "Best Sellers, titles and authors unstated, which are identified on the commissary list, sequentially, as "Best Seller I", "Best Seller 2", etc. On information and belief, the actual titles change periodically, though virtually all of the titles appear to be what is known as mass-market popular fiction with titles such as "Swimsuit", "Sizzle", "Miss Liz's Passion/Home on the Ranch", "Big Girl: A Novel", etc. Books from genres such as serious classical and contemporary literature, poetry, history, science, philosophy, politics, theater, criminal justice, self-help, etc. are not included on the "Best Seller" Nos. 1-10 commissary list. A soft-cover copy of Dante's Inferno, which is not on the "commissary menu" at the jail, was sent via U.S. mail in Oct., 2011 by a 10caJ New Orleans bookstore to an OPP pri soner, which resulted in the boofbeing censored and excluded by defendants and returned, stamped "Return to Sender", with no further information provided.
24. Under the defendants ' written policies there is no requirement fo r "prior approval" by faci li ty wardens for magazines. There is also no procedure for publishers or distributors to mai l magazine subscriptions to individual subscribers in defendants ' custody. Only those magazines which are on the inmate commissary list, Newsweek and Essence, are permitted.
25. PLN the magazine and the soft-cover books distributed by plaintiffs are not on the Orleans Pari sh Sheriff's Office inmate commissary list (the "commissary menu") and therefore cannot be ordered by prisoners in the custody of defendants through the jail commissary.
26. Index # 1401.1, "Irunate Access to Policies and Procedures-Mail" aJso states that during intake prisoners are to be provided with an "lrunate Orientation Form which includes
9

rules governing the handling ofinrnate mail." The lrunate Orientation Form provided to Opp prisoners has no provisions advising prisoners of their rights to order or to have access to magazines or saft-caver books through the mail from bookstores or distributors, including those published or distributed by plaintiffs.
27. Defendants' have a pre-printed fonn , the Orleans Parish Sheriff's Office "Mail Return Fonn", which is presumably designed to accompany mail which is being returned to the sender. This pre-printed form provides a checklist of potential reasons for mail heing returned to the sender ("This letter/package was returned by the Orleans Parish Sheriffs Office Mailroom for the following reasons checked below:"). The category relevant to books and magazines addressed to prisoners which are being returned, states,
"Books, magazines and newspapers (including newspaper articles, xeroxed copies of books, and books printed off of the Intranet) [sic] are prohibited. These items must be purchased through the Commissary or must be approved by the facility Warden prior to being sent." 28. On information and belief this form is intended to provide notice to the sender of rejected mail of the reasons for the rejection. However, thi s fonn merely states a blanket policy prohibiting all books, magazines and newspapers sent directly to prisoners and fails to specify why a particular book, magazine or newspaper is being rejected. The form also fails to provide any infonnation for publishers, distributors or bookstores of how to submit books to the various facility wardens so as to obtain "prior approval" or any information regarding how a publisher, distributor or bookstore can distribute its reading materials through the inmate commissary list. There is also no notice of any procedures for appealing if a warden has censored and excluded
10

reading materials . Additionally. if a book, magazine or newspaper is censored and excluded based upon its content (or "context" as lndex #1401.2 policy states) there is no provision in the OPSO Mail Return Form to require or provide information specifying or explaining any contentbased rejection. The form itself combines books, magazines and newspapers even though, according to Index#140 1.2, the facility warden's prior approval requirement only applies to books, not to magazines, newspapers or periodicals, which can only be purchased through the commissary.
29. Defendants' policies and practices regarding soft-cover books, magazines, and periodicals are unconstitutional on their face and as applied regarding books and magazines sent by publishers and distributors such as plaintiffs, via U.S . mail, to prisoners confined at OPP.
30. Defendants have also failed to establish a constitutionally valid policy or practice to provide adequate notice to plaintiffs and an opportunity to be heard regarding the reasons for exclusion of soft-cover books, magazines and periodicals and the procedures for appealing same.
31. On information and belief, numerous copies ofPLN the magazine have not been delivered to OPP subscribers due to the policies and practices of the defendants, despite plaintiffs regularly mailing the magazine every month via U. S. Mail, postage prepaid and addressed to the individual subscribers at OPP.
32. Plaintiffs have received nineteen (19) returned copies of the December, 2010 issue ofPLN the magazine , which were mailed to subscribers atOPP. Noinfonnation at all was provided to explain the censorship and exclusion oftbis issue and no "Mail Return Form" was furnished with the returns. The addresses of the subscribers were merely scratched oul and the magazine returned without explanation.
II

33. In Oct. 2010, plaintiffs sent via U.S. mail a copy of the August, 2010 issue ofPLN the magazine to an OPP subscriber. This issue was returned to the sender, with a "Mail Return Fonn" with the category regarding returns of books, magazines, etc. checked off. In addition, the form had a hand-written notation next to the category saying "Prison Legal News" with no further explanation. The identity or position of the individuates) who filled out the fonn was not provided. No notice of any opportuni ty or procedure for review or appeal of this decision was provided to plaintiffs.
34. Plaintiffs also received correspondence from five (5) OPP subscribers to PLN the magazine who informed plaintiffs that they never recei ved their subscriptions. Plaintiffs received no notice from the defendants regarding the fai lure to deliver these subscriptions. Plaintiffs also never received a return of the magazines.
35. Plaintiffs also mailed thirty-five (35) copies of the soft-cover book "Protecting Your Health and Safety" to subscribers in the Orleans Pari sh Pri son. Eight (8) copies of this
book were returned to plaintiffs. None of them had a Mail Return Form enclosed. The outside of the packages containing the books were variously marked as fo llows:
I . "Return to Sender" stamped. 2. "Legal", " Refused by Warden", and CLUS6-03, handwritten. "Return to Sender" stamped. 3. "Refused by Warden", handwritten . 4. "Return to Sender" stamped. CLU N602 handwritten . 5. "Refused by Warden" and CLUS6-03 handwritten. "Return to Sender" stamped.
12

6. "Refused by Warden" and TP5N(?) handwritten. "Return to Sender" stamped. 7. "Return to Sender" stamped. "See enclosed" with arrow, handwritten. 8. HODS7-0 I and what appears to be the prisoner's folder number are handwritten. "Return to Sender" stamped. For those marked "Refused by Warden", the name of the Warden(s) refusing the publication was not provided nor were any reasons given for the censorship and exclusion of the book. No notice of any opportunity or procedure for review or appeal of these decisions was provided to plaintiffs. 36. On Sept 15,2010 a copy of "Protecting Health and Safety" was sent by plaintiffs, via U.S. mail, postage prepaid to a PLN subscriber at OPP. That copy of the book was returned to plaintiffs in Oct., 2010 in the original packaging. A "Mail Return Fonn" was enclosed, with the category regarding returns of books, magazines, etc. checked off. In addition, there was a handwritten notation stating "Anything prison related." The identity or position of the individual(s) who filled out the fonn was not provided. No notice of any opportunity or procedure for review or appeal of this decision was provided to plaintiffs. 37. In addition to those eight (8) books which were returned to plaintiffs, plaintiffs have received correspondence from another four (4) subscribers at OPP advising that they never received their copies of the book. The books sent to those 4 subscribers were never returned to plaintiffs. Plaintiff received no notice from the defendants of the failure to deliver these books. Plaintiffs return address was furni shed on all magazines and book packages which were mailed to OPP subscribers.
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38. One PLN subscriber in custody of the defendants reported receiving, "brochures, 'Prison Legal News' booklet and the book on 'Protecting Your Health and Safety'''. However, the December 2010 issue of PLN the magazine addressed to that same subscriber was censored and excluded and returned to plaintiffs with no explanation and no Mail Return Form.
39. On infonnation and belief, defendants are not making individualized determinations about the content of each publication before censoring and excluding them , in violation of clearly established First Amendment Jaw.
40. In addition, the censorship and exclusion of these publications by defendants is arbitrary and random and void of any constitutionally valid standards or criteria.
41. The defendants' written policy that allows censorship and exclusion of books protected by the JSl Amendment on the grounds of being "unacceptable", is void for vagueness and overbroad.
42. The contents ofPLN the magazine and "Protecting Your Health and Safety" are protected speech and expression and these publications have been unlawfully censored and excluded by defendants.
43. Plaintiffs have not been provided with adequate notice regarding the censorship and exclusion of their magazine and books nor have plaintiffs been provided with a meaningful opportunity to be heard or to contest the decisions of the defendants which prevent individuals in custody at the Orleans Parish Prison from receiving the plaintiffs' publications or the books plaintiffs distribute.
44. Defendants' policy and practice fails to provide plaintiffs with any alternative means of exercising plaintiffs' rights to free speech and expression in distributing plaintiffs'
14

publications and exchanging information with their readership, customers and supporters of otherwise legal reading materials. Neither PLN the monthly magazine or any of the books which plaintiffs distribute, are available through the Orleans Parish Prison commissary.
45. Accommodation of the free speech, free expression and due process of rights of plaintiffs with respect to materials protected by the First and Fourteenth Amendments to the U.S. Constitution, will not have any significant impact on the operations and security of the Orleans Parish Prison.
46. Readily available alternatives exist to defendants' current policies and practices which could easily meet any legitimate or significant interests of defendants without sacrificing the free speech and expression and due process of rights of plaintiffs, as well as other publishers and distributors of books and materials protected by the First Amendment to persons in the
custody of the defendants.
47. Defendants know, should have known or must have known that their policies and practices were unconstitutional and violated plaintiffs rights to free speech, expression and due process.
48. Defendants' actions, as described herein, were done willfully, wantonly, maliciously andlor with reckless disregard.
49. Due to the defendants' actions as described herein, the plaintiffs have suffered damages, including violation of the plaintiffs' constitutional rights, including the right to disseminate plaintiffs' message, loss of potential subscribers, customers, correspondents and supporters, diversion of resources, loss of reputation, and other damages to be shown at trial.
50. Due to the defendants' actions as described herein, the plaintiffs have suffered and
15

will continue to suffer irreparable harm for which there is no adequate remedy at law. Cause of Action I
Fr eedom of Speech and Ex pression 51. Plaintiffs re-allege and incorporate paragraphs 1 through 50 herein. 52. Defendants' policy and practice of arbitrary and unlawful excl usion of " Prison Legal News" the magazine and books and written materials distributed by plaintiffs, violates plaintiffs' rights of free speech and expression secured by the First and Fourteenth Amendments to the U.S. Constitution. 53. Plaintiffs have a constitutionally protected liberty interest in communicating with incarcerated individuals. This right is clearly established under existing case law. 54. The defendants' failure to establish constitutionally valid standards to govern the decision-making of facility wardens relative to censorship of publications sent on request via U.S. mail 10 prisoners in custody of the defendants, permits impermissible viewpoint di scrimination and the rejection of reading materials for reasons unrelated to any legitimate penological interest, in violation of the l Si and 14th Amendments to the U.S. Constitution. 55. Defendants' policies and practices do not further any legitimate penological interest.
Ca use of Action II Du e Process of Law 56. Plaintiffs re-allege and incorporate paragraphs I through 50 herein. 57. Defendants' policy and practice regarding rejection of publications protected by the lSI and 141b Amendments to the U.S. Constitution and published and distributed by plaintiffs,
16

fails to provide adequate notice and an opportu nity to be heard, in violation of the Due Process Clause of the 14th Amendment to the U.S. Constitution. This right is clearly established under existing case law.
58. Defendants' fa il ure to consistently provide plai ntiffs with adequate notice and an opportunity to be heard that their publications were being rejected from distribution to their subscribers does not further any legitimate penological interest.
Prayer for Relief THEREFORE, plaintiffs request that the Court: I. Declare that the rights of the plaintiffs were violated by the defendants and that
defendants policies and practices are unconstitutional; 2. Award compensatory and punitive damages agai nst the defendants; 3. Grant declaratory and injunctive relief; 4. Grant reasonable attorneys' fees, litigation expenses and court costs pursuant to
42 U.S.C. Section 1988; and 5. Grant all other and further reli ef as appears reasonable and just, to which plaintiffs
may be entitled. Respectful ly submitted,
MtE;o~
Attorney at Law 3 16 S. Dorgenois Street New Orleans, LA 70 119 (504) 822-4455 Tria l Attorney
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Elizabeth C. Cumming, LSBA#31685 Attorney at Law 316 S. Dorgenois Street New Orleans, LA 701 19 (504) 822-4455 John Adcock, LSBA#30372 Attorney at Law P.O. BOX 75062 1 New Orleans, LA 70175 (504) 233 -3125 ATTORNEYS FOR PLAINTIFFS
PLNGusman.Complaint09Sept l l final
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Multiple Documents

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Case 2:11-cv-02277-JCZ-SS Document 32 Filed 12/02/11 Page 1 of 4

UNITED STATE DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

PRISON LEGAL NEWS and

*

NUMBER: 11-2277

HUMAN RIGHTS DEFENSE CENTER, Plaintiffs
VERSUS

*

*

SECTION: "A"

*

*

JUDGE: Jay Zainey

MARLIN N. GUSMAN, Sheriff, Orleans

*

Parish, CARLOS LOUQUE, Warden,

*

House of Detention, KEVIN WINFIELD,

Warden, Old Parish Prison, CHARLES

EZEB, Warden, Temporary Jails, JERROD

SPINNEY, Warden, Conchetta, BONITA

*

PITTMAN, Warden, Templeman V, J. Doe 1, Mailroom Supervisor,

*
•

DEC -2 2011

OPSO and J. Doe 2,

*

Mailroom Employee, OPSO,

*

CHAMBERS OF

L - - - · Defendants

*

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

US DISTRICT JUDGE
jJ~AY!£C.:J.ZA~IN!J:;EY.!.-----'

CONSENT JUDGMENT FOR INJUNCTIVE RELIEF ONLY

IT IS HEREBY STIPULATED by and between the undersigned counsel for

plaintiffs and defendants, as follows:

1. On September 9, 2011, 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 Orleans Parish jail, in violation of the First and Fourteenth

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 publishers and distributors whose publications

were denied access to their subscribers.

2. On October 11, 2011 plaintiffs filed a Motion for Preliminary

1

' .

Case 2:11-cv-02277-JCZ-SS Document 32 Filed 12/02/11 Page 2 of 4

Injunction, with attached Memorandum and Exhibits. On October 26, 2011 the Court issued a Minute Entry noting that the parties were working to resolve the issue amicably and referred the parties to U.S. 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 consented to the distribution of plaintiffs' monthly publication, Prison Legal News, along with copies of Protecting Your Health and Safety, a prisoner self-help guide distributed by plaintiffs, to plaintiffs' subscribers at the Orleans Parish jail. (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 Orleans Parish jail, 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 Orleans Parish Sheriffs Office, including but not limited to those published and distributed by plaintiffs.
4. The parties agree, and the Court so orders, that defendant Sheriff Marlin N. Gusman, his agents, assigns, employees, wardens, deputies and successors, will establish, implement and enforce the policy and procedure set forth in Exhibit A, incorporated herein.
2

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Case 2:11-cv-02277-JCZ-SS Document 32 Filed 12/02/11 Page 3 of 4

5. It is further agreed and ordered, that within 30 days of the date of entry of this Consent Judgment, the defendant Sheriff Marlin N. Gusman will (1) insure that this new policy and procedure is disseminated to all employees of the Orleans Parish jail as well as to all persons in custody at the jail and will be fully implemented and (2) make appropriate changes to the Orleans Parish Sheriffs Office website, OPSO Policy Index #1401.2 and the OPSO Inmate Orientation Form to reflect the policies and procedures adopted herein. 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 Judgment.
3

Case 2:11-cv-02277-JCZ-SS Document 32 Filed 12/02/11 Page 4 of 4

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.

2nJ Peamb:r, New Orleans, Louisiana this

day of

2011.

AGREED TO BY:
~ '£k.-t~ ARY E. HOWELL, #7030 Attorney at Law 316 S. Dorgenois Street New Orleans, LA 70119 (504) 822-4455 (504) 822-4458(Fax) Attorney for Plaintiffs

U.S. Dl
~ Usry, Weeks and Matthews 1615 Poydras Street, Ste. 1250 New Orleans, LA 70112 (504) 592-4600 (504) 592-4641 Attorney for Defendants

4

Case 2:11-cv-02277-JCZ-SS Document 32-1 Filed 12/02/11 Page 1 of 8
SHERIFF MARLIN N. GUSMAN ORLEANS PARISH SHERIFF'S OFFICE IOPSOl
INCOMING PUBLICATIONS POLICY
1. Purpose and Scope
Except when precluded by law, the Orleans Parish Sheriff's Office (OPSO) 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.
The Sheriff of Orleans Parish is the final policymaker. The Sheriff has delegated to the Chief Deputy the final authority for decision-making regarding implementation of this policy. All grievances or requests for reconsideration of a decision to reject a publication are complete upon the rendering of a final decision by the Chief Deputy.
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 OPSO facilities.
c. A safer environment for staff and inmates will be provided by strengthening procedures designed to prevent the introduction of contraband.
3. Application. Procedures in this Incoming Publication Policy apply to all correctional facilities under the jurisdiction and control of the Orleans Parish Sheriff's Office.
4. Procedures
a. At all Orleans Parish Sheriff's Office (OPSO) institutions, an inmate may
1 EXHIBIT
I A

Case 2:11-cv-02277-JCZ-SS Document 32-1 Filed 12/02/11 Page 2 of 8
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 Chief Deputy may make an exception to the provisions of paragraph 4(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 4(a) shall provide the Chief Deputy with written documentation that the publication is no longer available from these sources or is only available in hard-cover. The Chief Deputy 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 decision of the Chief Deputy on any exception to paragraph 4(a) is a final decision for purposes of administrative review.
c. The Chief Deputy 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 Chief Deputy 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 the Chief Deputy 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 Orleans 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;
(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
2

Case 2:11-cv-02277-JCZ-SS Document 32-1 Filed 12/02/11 Page 3 of 8

facilitates criminal activity.

Only the Chief Deputy may reject an incoming publication. If a Warden or Mailroom Supervisor questions the suitability of an incoming publication, pursuant to the criteria set forth in this policy, the publication must be referred to the Chief Deputy within three (3) days of receipt of the incoming publication at the jail. In the absence of the Chief Deputy, the Acting Chief Deputy may perform this function.

d. The Chief Deputy may not establish an excluded list of publications. The Chief Deputy shall review the individual publication in question 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. The Chief Deputy shall make a preliminary finding as to the suitability of the incoming publication within three (3) days of receipt of the publication.

f.

If the Chief Deputy makes a preliminary finding that a publication is

unacceptable, pursuant to the criteria set forth in this policy, the Chief

Deputy shall promptly advise the inmate in writing of the preliminary

rejection and the reasons for it. The notice of preliminary rejection must

refer to the specific article(s) or material(s) considered objectionable, the

reason(s) for the rejection and advise the inmate of his or her right to

request a re-consideration of the finding. The Chief Deputy shall permit

the inmate an opportunity to review the publication for purposes of filing a

request for re-consideration 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 Chief Deputy should

consult with legal staff.

g. The publisher/sender of a publication preliminarily rejected by the Chief Deputy shall also be furnished with a copy of the notice of preliminary rejection provided to the inmate, by promptly mailing a copy of the notice to the publisher/sender. The Chief Deputy shall advise the publisher/sender that he or she may obtain re-consideration of the preliminary finding by writing to the Chief Deputy of Orleans Parish within 30 days of receipt of the notice of preliminary rejection.

See Notice to Inmate and Publisher/Sender of Preliminary Rejection of Incoming Publication (Attachment A) for a sample notice to inmate and publisher/sender.

h. A copy of the Incoming Publications Policy of the Orleans Parish Sheriff's

3

Case 2:11-cv-02277-JCZ-SS Document 32-1 Filed 12/02/11 Page 4 of 8

Office shall be furnished to the inmate and publisher/sender along with the notice of preliminary rejection.

i.

A request by an inmate for re-consideration of the Chief Deputy's

preliminary rejection of an incoming publication, must be in writing and is

to be forwarded by OPSO staff directly to the Chief Deputy.

j.

The Chief Deputy must retain the publication in question throughout the

time periods allowed for re-consideration and final decision. At the end of

the re-consideration period, the rejected publication may be disposed of

as provided in Section 5(n) herein.

k. If a request for re-consideration is filed by either the inmate and/or the publisher/sender, the Chief Deputy shall wait until the entire time period for filing requests for re-consideration has expired, before issuing his or her final decision.

I.

The inmate and the publisher/ sender must be promptly notified of the final

decision of the Chief Deputy. If the final decision is made to reject the

publication, written notice of the final decision and the reasons for it, shall

be furnished to the inmate and the publisher/sender.

See Notice to Inmate and Publisher/Sender of Final Decision Rejecting Incoming Publication (Attachment B) for a sample notice to inmate and publisher/sender.

m. If the final decision is to permit the incoming publication, the inmate and publisher/sender shall be promptly notified and the publication shall be promptly furnished to the inmate.

See Notice to Inmate and Publisher/Sender of Approval of Publication (Attachment C) for a sample notice to inmate and publisher/sender

n. If no request for reconsideration is timely submitted by either the inmate or the publisher/sender after the time periods for requesting re-consideration have lapsed, or if after re-consideration, the Chief Deputy issues a final decision upholding the rejection, the Chief Deputy 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) any other mutually agreeable disposition.

4

Case 2:11-cv-02277-JCZ-SS Document 32-1 Filed 12/02/11 Page 5 of 8
o. The Chief Deputy 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 Chief Deputy may authorize an inmate additional storage space for storage of legal materials in accordance with the Orleans Parish Sheriff's Office procedures on pe~rt of i mates. Sheriff Marlin N. Gusman, Orleans Parish Sheriff
5

Case 2:11-cv-02277-JCZ-SS Document 32-1 Filed 12/02/11 Page 6 of 8

ATTACHMENT "A"
PRELIMINARY REJECTION OF INCOMING PUBLICATION
NOTICE TO INMATE AND PUBLISHER/SENDER OF PRELIMINARY REJECTION OF INCOMING PUBLICATION (TO BE USED WHEN REJECTING A PUBLICATION
UNDER THE OPSO INCOMING PUBLICATIONS POLICY
Inmate Name: Inmate Number: Institution:
Re: _ _ _ _ _ _ _ _ _ _ _ Issue/Publication: _ _ _ _ _ _ _ __
The above named publication/material from [publisher/sender name] has been preliminarily rejected in accordance with the Orleans 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 notice has been sent to the publisher/sender.

THIS IS A PRELIMINARY FINDING

YOU HAVE A RIGHT TO REQUEST RE-CONSIDERATION OF THIS DECISION by

writing to the Chief Deputy

(Name, Address) within thirty (30)

days of your receipt of this notice. A copy of the Incoming Publications Policy of the

Orleans Parish Sheriffs Office is enclosed.

Chief Deputy (Name/Address) cc: Publisher/Sender Name and Address

DATE

6

Case 2:11-cv-02277-JCZ-SS Document 32-1 Filed 12/02/11 Page 7 of 8

ATTACHMENT "B"
FINAL DECISION REJECTING INCOMING PUBLICATION
NOTICE TO INMATE AND PUBLISHER/SENDER OF FINAL REJECTION OF INCOMING PUBLICATION (TO BE USED WHEN REJECTING A PUBLICATION UNDER THE OPSO INCOMING PUBLICATIONS POLICY
Inmate Name:
Inmate Number:
Institution:
Re: _ _ _ _ _ _ _ _ _ _ _ Issue/Publication: _ _ _ _ _ _ _ __
The above named publication/material from [publisher/sender name] has been finally rejected in accordance with the Orleans Parish Sheriff's 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.

THIS IS A FINAL DECISION

Chief Deputy (Name/Address)

DATE

cc: Publisher/Sender Name and Address

7

Case 2:11-cv-02277-JCZ-SS Document 32-1 Filed 12/02/11 Page 8 of 8

ATTACHMENT "C"
APPROVAL OF INCOMING PUBLICATION AFTER RE-CONSIDERATION
NOTICE TO INMATE AND PUBLISHER/SENDER OF APPROVAL OF INCOMING PUBLICATION (TO BE USED WHEN APPROVING A PUBLICATION AFTER RE-CONSIDERATION UNDER THE OPSO INCOMING PUBLICATIONS POLICY
Inmate Name:
Inmate Number:
Institution:
Re: _ _ _ _ _ _ _ _ _ _ _ Issue/Publication:-----------
The above named publication/material from [publisher/sender name] has been APPROVED after re-consideration in accordance with the Orleans Parish Sheriffs Office Incoming Publications Policy.
The above named publication will be promptly furnished to the intended recipient.
A copy of this notification has been sent to the publisher/sender.

Chief Deputy (Name/Address)
cc: Publisher/Sender Name and Address

DATE

PLNGusman.OPSOPolicy.17Nov2011

8

Prison Legal News et al v. Gusman et al, Docket No. 2:11-cv-02277 (E.D. La. Sept 09, 2011), Court Docket
General Information

Case Name Docket Number Court Nature of Suit

Prison Legal News et al v. Gusman et al 2:11-cv-02277 United States District Court for the Eastern District of Louisiana Civil Rights: Other

© 2013 Bloomberg Finance L.P. All rights reserved. For terms of service see bloomberglaw.com // PAGE 1 Document Link: http://www.bloomberglaw.com/ms/document/X1Q6M148C0O2?documentName=32.xml

 
 Multiple Documents
Part Description 1 2 pages 2 Exhibit Defendants Offer of Judgment
© 2013 Bloomberg Finance L.P. All rights reserved. For terms of service see bloomberglaw.com // PAGE 1 Document Link: http://www.bloomberglaw.com/ms/document/X1Q6M148C0O2?documentName=48.xml

Case 2:11-cv-02277-JCZ-SS Document 48 Filed 07/23/12 Page 1 of 2

Case 2:11-cv-02277-JCZ-SS Document 48 Filed 07/23/12 Page 2 of 2

Case 2:11-cv-02277-JCZ-SS Document 48-1 Filed 07/23/12 Page 1 of 4

Case 2:11-cv-02277-JCZ-SS Document 48-1 Filed 07/23/12 Page 2 of 4

ase 2:11-cv-02277-JCZ-SS Document 48-1 Filed 07/23/12 Page 3 o

Case 2:11-cv-02277-JCZ-SS Document 48-1 Filed 07/23/12 Page 4 of 4

Prison Legal News et al v. Gusman et al, Docket No. 2:11-cv-02277 (E.D. La. Sept 09, 2011), Court Docket
General Information

Case Name Docket Number Court Nature of Suit

Prison Legal News et al v. Gusman et al 2:11-cv-02277 United States District Court for the Eastern District of Louisiana Civil Rights: Other

© 2013 Bloomberg Finance L.P. All rights reserved. For terms of service see bloomberglaw.com // PAGE 1 Document Link: http://www.bloomberglaw.com/ms/document/X1Q6M148C0O2?documentName=48.xml

 
 Case 2:11-cv-02277-JCZ-SS Document 50 Filed 07/24/12 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

PRISON LEGAL NEWS

CIVIL ACTION

VERSUS

NO: 11-2277

MARLIN GUSMAN, ET AL.

SECTION: "A" (1)

ORDER OF DISMISSAL The Court having been advised by counsel for the parties that all of the parties to this action have firmly agreed upon a compromise, IT IS ORDERED that this action is hereby dismissed without costs, but without prejudice to the right upon good cause shown, within sixty (60) days, to seek summary judgment enforcing the compromise if it is not consumma ted by that tim e. During this sixty day period, the Court retains jurisdiction for all purposes, including enforcing the settlement agreement entered into by the parties. COUNSEL ARE REMINDED THAT IF WITNESSES HAVE BEEN SUBPOENAED, EVERY WITNESS MUST BE NOTIFIED BY COUNSEL NOT TO APPEAR. July 23, 2012

______________________________ Judge Jay C. Zainey
United States District Court

 
 Case 2:11-cv-02277-JCZ-SS Document 51 Filed 07/26/12 Page 1 of 1

PRISON LEGAL NEWS

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
CIVIL ACTION

VERSUS

NO: 11-2277

MARLIN GUSMAN, ET AL.

SECTION: "A" (1)

ORDER Counsel for Plaintiff has inform ed the Court that a final settlem ent has not been reached in this matter. Plaintiffs have accepted Defendants’offer to allow judgment on specified terms. However, thereare still unresolved issues regarding the payment of attorneys’ fees. Plaintiff has requested an extension of time (Rec. Doc. 40) to complete its motion for attorneys’ fees, to which Defendants do not object. Accordingly; IT IS ORDERED that the Order of Dismissal (Rec. Doc. 50) entered on July 24, 2012 is hereby VACATED; IT IS FURTHER ORDERED that Plaintiffs’ unopposed request for an extension of time to complete their motion for attorneys’ fees is GRANTED. Plaintiffs must complete their motion within sixty (60) days of the entry of judgment; IT IS FURTHER ORDERED that the jury trial in this matter, which is currently set for Monday, October 1, 2012 at 8:30 a.m., is hereby CANCELLED. This 25th of July, 2012.

_______________________________ JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

 
 Case 2:11-cv-02277-JCZ-SS Document 52 Filed 09/18/12 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

PRISON LEGAL NEWS, ET AL. VERSUS MARLIN GUSMAN, ET AL.

CIVIL ACTION NO. 11-2277 SECTION "A" (1)

J U D G M E N T Counsel for plaintiffs has advised the Court of acceptance by plaintiffs, of an offer of judgment (Rec. Doc. 48) made by defendants, Accordingly; IT IS ORDERED, ADJUDGED, AND DECREED that there be judgment in favor of plaintiffs, and against defendants Marlin N. Gusman, the Sheriff of Orleans Parish, Carlos Louque, Kevin Winfield, Charles Ezeb, Jerrod Spinney,and Bonita Pittman, for the total sum of fifteen thousand dollars ($15,000), exclusive of costs and attorney fees accrued. . New Orleans, Louisiana, September 17, 2012.

JAY C. ZAINEY UNITED STATES DISTRICT JUDGE

 
 Case 2:11-cv-02277-JCZ-SS Document 82 Filed 03/11/14 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

PRISON LEGAL NEWS, et al VERSUS MARLIN GUSMAN, et al

CIVIL ACTION NO: 11-2277-JCZ-SS

ORDER The Court, after considering the record, the applicable law, the Magistrate Judge' s Report and Recommendation, and finding that as of this date the parties have not filed obj ections to the Magistrate Judge's Report andRecommendation, hereby approves theMagistrate Judge's Report and Recommendation and adopts it as its opinion. Accordingly, IT IS ORDERED that Plaintiffs' Motion for Attorneys' Fees and Costs (Rec. Doc. 63) is GRANTED in PART and DENIED in PART; IT IS FURTHER ORDEREDthat Plaintiffs are awarded attorneys'fees of $68,781.50 and costs of $3,973.11. New Orleans, Louisiana, this 10th day of March, 2014.

______________________________ Jay C. Zainey
United States District Judge

 
 Case: 2:11-cv-2277 As of: 01/20/2013 09:13 AM CST 1 of 7
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:11−cv−02277−JCZ−SS

CLOSED

Prison Legal News et al v. Gusman 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: 09/09/2011 Date Terminated: 09/18/2012 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
Elizabeth Cumming Elizabeth Cumming, Attorney at Law 316 South Dorgenois St. New Orleans, LA 70119 504−822−4455 Email: ecumminglaw@gmail.com ATTORNEY TO BE NOTICED
John Nelson Adcock John Nelson Adcock, Attorney at Law P. O. Box 750621 New Orleans, LA 70175 225−284−6327 Email: jnadcock@gmail.com ATTORNEY TO BE NOTICED
Lance Weber Lance Weber, Attorney at Law P. O. Box 2420 1037 Western Ave., 2nd Floor West Brattleboro, VT 05303 802−579−1309 PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Mary E. Howell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Cumming (See above for address) ATTORNEY TO BE NOTICED
John Nelson Adcock (See above for address) ATTORNEY TO BE NOTICED
Lance Weber (See above for address) PRO HAC VICE

Case: 2:11-cv-2277 As of: 01/20/2013 09:13 AM CST 2 of 7 ATTORNEY TO BE NOTICED

V. Defendant Marlin Gusman Sheriff, Orleans Parish TERMINATED: 10/04/2011 Defendant Carlos Louque Warden, House of Detention
Defendant Kevin Winfield Warden, Old Parish Prison
Defendant Charles Ezeb Warden, Temporary Jails

represented by Freeman Rudolph Matthews Usry, Weeks &Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504−592−4600 Email: pmatthews@uwmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Blake J. Arcuri Usry, Weeks &Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504−592−4600 Email: barcuri@uwmlaw.com ATTORNEY TO BE NOTICED
Timothy R. Richardson Usry, Weeks &Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504−592−4600 Email: trichardson@uwmlaw.com ATTORNEY TO BE NOTICED
represented by Freeman Rudolph Matthews (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Blake J. Arcuri (See above for address) ATTORNEY TO BE NOTICED
Timothy R. Richardson (See above for address) ATTORNEY TO BE NOTICED
represented by Freeman Rudolph Matthews (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Blake J. Arcuri (See above for address) ATTORNEY TO BE NOTICED

Case: 2:11-cv-2277 As of: 01/20/2013 09:13 AM CST 3 of 7

Timothy R. Richardson (See above for address) ATTORNEY TO BE NOTICED

Defendant
Jerrod Spinney Warden, Conchetta

represented by Freeman Rudolph Matthews (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake J. Arcuri (See above for address) ATTORNEY TO BE NOTICED

Timothy R. Richardson (See above for address) ATTORNEY TO BE NOTICED

Defendant
Bonita Pittman Warden, Templeman V

represented by Freeman Rudolph Matthews (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake J. Arcuri (See above for address) ATTORNEY TO BE NOTICED

Timothy R. Richardson (See above for address) ATTORNEY TO BE NOTICED

Defendant
Unidentified Party Mailroom Supervisor, OPSO

Defendant
Unidentified Party Mailroom Employee, OPSO

Defendant
Marlin N Gusman Sheriff of Orleans Parish (erroneously named as Marlin Gusman)

represented by Freeman Rudolph Matthews (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake J. Arcuri (See above for address) ATTORNEY TO BE NOTICED

Timothy R. Richardson (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/09/2011

# Docket Text
1 COMPLAINT against All Defendants (Filing fee $ 350) filed by Human Rights Defense Center, Prison Legal News. (Attachments: # 1 Civil Cover Sheet)(ecm, ) (Entered: 09/13/2011)

Case: 2:11-cv-2277 As of: 01/20/2013 09:13 AM CST 4 of 7

09/15/2011
09/21/2011 09/21/2011 10/04/2011 10/04/2011
10/05/2011 10/05/2011 10/11/2011 10/11/2011 10/11/2011 10/11/2011 10/11/2011
10/11/2011
10/11/2011 10/11/2011

2 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 Karen Wells Roby no longer assigned to case. Signed by Judge Mary Ann Vial Lemmon on 9/14/11. (NEF: C. Nelson, Judge Shushan, Judge Roby)(ecm, ) (Entered: 09/15/2011)
3 Request of Summons Issued as to Marlin Gusman filed by Human Rights Defense Center, Prison Legal News re 1 Complaint. (gbw, ) (Entered: 09/21/2011)
4 Summons Issued as to Marlin Gusman. (gbw, ) (Entered: 09/21/2011)
5 EXPARTE/CONSENT MOTION for Extension of Time to Answer 1 Complaint by Charles Ezeb, Marlin N. Gusman, Carlos Louque, Bonita Pittman, Jerrod Spinney, Kevin Winfield. (Attachments: # 1 Proposed Order)(Matthews, Freeman) Modified to add linkage on 10/4/2011 (gbw, ). M (Entered: 10/04/2011)
6 Correction of Docket Entry by Clerk re 5 MOTION for Extension of Time to Answer. Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document #1.' (gbw, ) (Entered: 10/04/2011)
7 Correction of Docket Entry by Clerk re 5 MOTION for Extension of Time to Answer. Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section A and Magistrate Judge 1. (gbw, ) (Entered: 10/05/2011)
8 ORDER granting 5 Motion for Extension of Time to Answer re 1 Complaint as to Charles Ezeb; Marlin N Gusman; Carlos Louque; Bonita Pittman; Jerrod Spinney; Kevin Winfield; Answer due 10/4/2011.. Signed by Judge Jay C. Zainey on 10/4/2011. (gbw, ) (Entered: 10/05/2011)
9 DEFICIENT** MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Proposed Order)(Howell, Mary) Modified on 10/11/2011 (gbw, ). (Entered: 10/11/2011)
10 ERROR: WRONG EVENT SELECTED** MOTION for Hearing re 9 MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Proposed Order)(Howell, Mary) Modified on 10/11/2011 (gbw, ). (Entered: 10/11/2011)
11 ERROR: FILED AS A SEPARATE DOCUMENT* Memorandum by All Plaintiffs re 9 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Howell, Mary) Modified on 10/11/2011 (gbw, ). (Entered: 10/11/2011)
12 Correction of Docket Entry by Clerk re 11 Memorandum. Document #11 was incorrectly filed as a separate document instead of an attachment to Deficient Doc. #9. Attorney to refile entire document. (gbw, ) (Entered: 10/11/2011)
13 Correction of Docket Entry by Clerk re 10 MOTION for Hearing re 9 MOTION for Preliminary Injunction. Filing attorney selected incorrect event. Correct event is Request/Statement of Oral Argument. Clerk will take corrective action after attorney refiles their motion for preliminary injunction. (gbw, ) (Entered: 10/11/2011)
14 MOTION for Preliminary Injunction by Prison Legal News, Human Rights Defense Center. Motion set for 10/26/2011 9:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Notice of Submission)(Howell, Mary) Modified hrg time on 10/11/2011 (gbw, ). (Entered: 10/11/2011)
15 Correction of Docket Entry by Clerk re 14 MOTION for Preliminary Injunction. Filing attorney selected incorrect time. Correct time is 9:00 AM. Clerk took corrective action. (gbw, ) (Entered: 10/11/2011)
16 Request/Statement of Oral Argument by All Plaintiffs regarding 14 MOTION for Preliminary Injunction. (Attachments: # 1 Proposed Order)(gbw, ) (Entered: 10/11/2011)

Case: 2:11-cv-2277 As of: 01/20/2013 09:13 AM CST 5 of 7

10/12/2011 10/18/2011 10/18/2011 10/19/2011 10/19/2011
10/20/2011 10/21/2011
10/26/2011
10/27/2011 11/09/2011 11/14/2011 11/17/2011 12/01/2011 12/02/2011 12/02/2011

17 NOTICE regarding oral argument on 14 MOTION for Preliminary Injunction filed by Prison Legal News, Human Rights Defense Center. By Clerk.(jrc, ) (Entered: 10/12/2011)
18 ERROR: DUPLICATE OF DOC #19. EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L−3241049) by Prison Legal News. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Affidavit)(Howell, Mary) Modified on 10/19/2011 (rll, ). (Entered: 10/18/2011)
19 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Lance Weber (Fee previously paid) by Prison Legal News. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Affidavit)(Howell, Mary) Modified on 10/19/2011 to edit text (rll, ). (Entered: 10/18/2011)
20 Correction of Docket Entry by Clerk re 18 MOTION to Appear Pro Hac Vice. This is a duplicate filing of document #19 and will be noted as such. No further action is necessary. (rll, ) (Entered: 10/19/2011)
21 Correction of Docket Entry by Clerk re 19 MOTION to Appear Pro Hac Vice as to Lance Weber. Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section "A" Judge Jay C. Zainey and Magistrate Judge Sally Shushan Division (1). No further action is necessary (rll, ) (Entered: 10/19/2011)
23 ORDER granting 19 Motion to Appear Pro Hac Vice as to Lance Weber. Signed by Judge Jay C. Zainey on 10/19/11. (plh, ) (Entered: 10/21/2011)
22 EXPARTE/CONSENT MOTION to Amend/Correct 14 MOTION for Preliminary Injunction by Prison Legal News. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit)(Howell, Mary) (Attachments 20 −24 replaced on 10/24/2011) (plh, ). Modified on 10/24/2011 (plh, ). (Entered: 10/21/2011)
24 Minute Order. Proceedings held before Judge Jay C. Zainey: Status Conference held on 10/26/2011; ORDERED that a Status Conference is set for 11/17/2011 10:00 AM in chambers; The Court will defer ruling on the pending 14 Motion for Preliminary Injunction &22 Motion to Amend/Correct Motion for Preliminary Injunction based on the compromise between parties; (gbw, ) (Entered: 10/27/2011)
25 ORDER Scheduling Settlement Conference for 11/14/2011 02:00 PM. Signed by Magistrate Judge Sally Shushan on 10/27/2011.(tsf, ) (Entered: 10/27/2011)
26 ORDER that the Settlement Conference scheduled for for 11/14/2011 02:00 PM is CONVERTED to a TELEPHONE Settlement Conference before Magistrate Judge Sally Shushan. The Court will initiate the conference call. Signed by Magistrate Judge Sally Shushan on 11/9/2011.(gbw, ) (Entered: 11/09/2011)
27 Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Settlement Conference held on 11/14/2011. (caa, ) (Entered: 11/15/2011)
28 Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 11/17/2011. Status Conference is set for 12/1/2011 10:45 AM before Judge Jay C. Zainey. (gbw, ) (Entered: 11/18/2011)
29 ORDER that the Status Conference set for 12/1/2011 at 10:45 AM in chambers is CANCELLED. Signed by Judge Jay C. Zainey on 11/30/2011.(gbw, ) (Entered: 12/01/2011)
30 **VACATE** Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Settlement Conference held on 12/2/2011. (tsf, ) Modified on 12/2/2011 (tsf, ). (Entered: 12/02/2011)
31 ORDER vacating Minute Entry dated 12/2/2011. Signed by Magistrate Judge Sally Shushan on 12/2/2011. (tsf, ) (Entered: 12/02/2011)

Case: 2:11-cv-2277 As of: 01/20/2013 09:13 AM CST 6 of 7

12/02/2011 12/13/2011 12/23/2011 01/19/2012
02/01/2012 03/05/2012
03/06/2012
03/06/2012 03/13/2012 03/13/2012 03/14/2012
03/20/2012 04/02/2012 07/16/2012 07/17/2012 07/18/2012 07/23/2012 07/24/2012

32 CONSENT JUDGMENT for Injunctive Relief Only. Signed by Judge Jay C. Zainey on 12/2/2011. (Attachments: # 1 Exhibit)(gbw, ) (Entered: 12/06/2011)
33 NOTICE Scheduling Conference set for 1/19/2012 10:00 AM before courtroom deputy by telephone. By Clerk. (jrc, ) (Entered: 12/13/2011)
34 ORDER − Settlement Conference set for 2/9/2012 02:00 PM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan.(car, ) (Entered: 12/27/2011)
35 SCHEDULING ORDER: Final Pretrial Conference set for 9/13/2012 09:30 AM before Judge Jay C. Zainey. Bench Trial set for 10/1/2012 09:30 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey on 1/19/12. (Attachments: # 1 Pretrial Notice Form)(jrc, ) (Entered: 01/20/2012)
36 ORDER Rescheduling Settlement Conference for 3/27/2012 02:00 PM. Signed by Magistrate Judge Sally Shushan on 2/1/2012. (tsf, ) (Entered: 02/01/2012)
37 MOTION for Jury Trial by Prison Legal News. Motion set for 3/28/2012 9:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Howell, Mary) Modified to remove referral to MJ &reset hrg date on 3/6/2012 (gbw, ). (Entered: 03/05/2012)
38 Correction of Docket Entry by Clerk re 37 MOTION for Jury Trial. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge Jay C. Zainey on 3/28/2012 11:00 AM. Clerk took corrective action. (gbw, ) (Entered: 03/06/2012)
39 Correction of Docket Entry by Clerk re 37 MOTION for Jury Trial. Correct hearing time is 9:00 AM instead of 11:00 AM. Clerk took corrective action. (gbw, ) (Entered: 03/06/2012)
40 ANSWER to 1 Complaint by Charles Ezeb, Marlin N Gusman, Carlos Louque, Bonita Pittman, Jerrod Spinney, Kevin Winfield.(Matthews, Freeman) (Entered: 03/13/2012)
41 DEMAND for Trial by Jury by All Plaintiffs (Howell, Mary) (Entered: 03/13/2012)
42 Correction of Docket Entry by Clerk re 40 Answer to Complaint. Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section A (Judge Jay C. Zainey) and Magistrate Judge 1 (Sally Shushan) (gbw, ) (Entered: 03/14/2012)
43 ORDER that the settlement conference scheduled in the case on 3/27/2012 is CANCELED. Signed by Magistrate Judge Sally Shushan on 3/20/2012.(caa, ) (Entered: 03/20/2012)
44 ORDER granting 37 MOTION for Jury Trial filed by Prison Legal News. Jury Trial set for 10/1/2012 09:30 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey. (tsf, ) (Entered: 04/02/2012)
45 First Witness and Exhibit List by All Plaintiffs. (Cumming, Elizabeth) (Entered: 07/16/2012)
46 Witness and Exhibit List by All Defendants. (Matthews, Freeman) (Entered: 07/17/2012)
47 Correction of Docket Entry by Clerk re 46 Witness and Exhibit List. Document contains incorrect Section and/or Magistrate Judge. All future pleadings must reflect Section A and Magistrate Judge 1. (gbw, ) (Entered: 07/18/2012)
48 Acceptance of Judgment Offer by All Plaintiffs (Attachments: # 1 Exhibit Defendants Offer of Judgment)(Cumming, Elizabeth) (Entered: 07/23/2012)
49 EXPARTE/CONSENT First MOTION for Extension of Time to File Motion for Attorneys' Fees by Prison Legal News. (Attachments: # 1 Proposed Order)(Cumming, Elizabeth) (Entered: 07/24/2012)

Case: 2:11-cv-2277 As of: 01/20/2013 09:13 AM CST 7 of 7

07/24/2012 07/26/2012
09/18/2012 10/19/2012 10/23/2012 11/14/2012 11/15/2012 11/20/2012 11/29/2012 12/04/2012 01/11/2013 01/11/2013 01/15/2013

50 ORDER OF DISMISSAL. Signed by Judge Jay C. Zainey on 7/23/2012.(caa, ) (Entered: 07/24/2012)
51 ORDER that the Order of Dismissal (Rec. Doc. 50) entered on July 24, 2012 is hereby VACATED; IT IS FURTHER ORDERED that Plaintiffs unopposed request for an extension of time to complete their motion for attorneys fees is GRANTED. Plaintiffs must complete their motion within sixty (60) days of the entry of judgment; IT IS FURTHER ORDERED that the jury trial in this matter, which is currently set for Monday, October 1, 2012 at 8:30 a.m., is hereby CANCELLED.. Signed by Judge Jay C. Zainey on 7/25/12.(jrc, ) (Entered: 07/26/2012)
52 JUDGMENT entered in favor of Human Rights Defense Center, Prison Legal News against Bonita Pittman, Carlos Louque, Charles Ezeb, Jerrod Spinney, Kevin Winfield, Marlin N Gusman. Signed by Judge Jay C. Zainey on 9/17/2012.(gbw, ) (Entered: 09/18/2012)
53 EXPARTE/CONSENT First MOTION for Extension of Time to File Costs by Prison Legal News. (Attachments: # 1 Proposed Order)(Howell, Mary) (Entered: 10/19/2012)
54 ORDER granting 53 Motion for Extension of Time to File for Costs. Signed by Judge Jay C. Zainey on 10/22/12. (jrc, ) (Entered: 10/23/2012)
55 EXPARTE/CONSENT Second MOTION for Extension of Time to File Attorneys' Fees and Costs by Human Rights Defense Center, Prison Legal News. (Attachments: # 1 Proposed Order)(Cumming, Elizabeth) (Entered: 11/14/2012)
56 ORDER granting 55 Motion for Extension of Time to File Motion for Attorneys' Fees and Costs. Signed by Judge Jay C. Zainey on 11/14/12. (jrc, ) (Entered: 11/15/2012)
57 ORDER Settlement Conference set for 12/4/2012 02:00 PM before Magistrate Judge Sally Shushan. Signed by Magistrate Judge Sally Shushan.(gec, ) (Entered: 11/20/2012)
58 ORDER the settlement conference scheduled on 12/4/2012 at 2:00 p.m. is CONVERTED to a TELEPHONE settlement conference. Signed by Magistrate Judge Sally Shushan.(gec, ) (Entered: 11/29/2012)
59 Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Telephone Settlement Conference held on 12/4/2012. Settlement discussions are ongoing. (gec, ) (Entered: 12/04/2012)
60 EXPARTE/CONSENT Third MOTION for Extension of Time to File Attorneys' Fees and Costs by Human Rights Defense Center, Prison Legal News. (Attachments: # 1 Proposed Order)(Howell, Mary) (Entered: 01/11/2013)
61 Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Settlement Conference held on 1/11/2013. The parties are unable to negotiate a settlement at this time. (gec, ) (Entered: 01/11/2013)
62 ORDER granting 60 Motion for Extension of Time to File Motion for Attorney's Fees and Costs. Signed by Judge Jay C. Zainey on 1/14/13. (jrc, ) (Entered: 01/15/2013)

 
 http://www.opcso.org/index.php?option=com_content&view=article&id=330&Itemid=791
Friday, September 21, 2012

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