Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 1 of 17 PageID #:1

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISiosj:=;; t.n

WILLIAM RYAN,

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Plaintiff, v.

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JU~GE RONALD GUZMAN rl

04C 4 63 5 )
~oL~:~~EY, ~ ROGER E. WALKER, KENNETH
ROBERT CATCHINGS, SERGIO

and BARBARA HURT

)

.

)

Defendants.

)

JURY TRIAL DEMANDED

COMPLAINT

MAGISTRATE JUDGE KEYS

NOW COMES Plaintiff, BILL RYAN, by his attorneys,

UPTOWN PEOPLE'S LAW CENTER, LOEVY & LOEVY, and SONNENSCHEIN, NATH :p~·-M-.. .....,..
& ROSENTHAL LLP, and complaining of Defendant~, R~GEF: E. ·wAti<ER,
KENNETH R. BRILEY, ROBERT CATCHINGS, SERGIO Mo0f~~r~BARBARA

HURT, states as follows:

JUL 1 6 2004

Introduction
!;
1. This action is brought pu:i"~ren,t., t_<:;> A2 U.S. C..
. ·····,,-.,"(,_.,i', .. ..,.-,.~*~~
Section 1983 to redress the deprivation under color of law of

Plaintiff's rights as secured by the United States Constitution.

2. Specifically, this action is brought by a

publisher who has been barred by Defendants from distributing a

quarterly newspaper entitled Stateville Speaks inside Stateville

Correctional Center ("Stateville").

3. As discussed more fully below, Stateville Speaks

is a compilation of essays, poems, and news items written by

inmates of the prison. See Exhibit A. After the Defendants

refused to publish the newspaper, Mr. Ryan raised private funds

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Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 2 of 17 PageID #:2
in order to cover all costs associated with printing and distributing the newsletter. Mr. Ryan simply wishes to mail Stateville Speaks to prisoners within the institution, and this lawsuit has become necessary because Defendants refuse to respect his constitutional right to do so.
Jurisdiction and Venue 4. This Court has jurisdiction of the action pursuant to 28 U.S.C. §§ 1331 and 1367. 5. Venue is proper under 28 U.S.C. § 139l(b). The events giving rise to the claims asserted herein occurred within this judicial district.
The Parties 6. Plaintiff, BILL RYAN, is a 69 year-old resident of Westchester, Illinois. Recently retired, Mr. Ryan has been a tireless advocate for children's welfare over his long career. For twenty years, Mr. Ryan worked as the director of child protective services for the Illinois Department of Children and Family Services. Most recently, Mr. Ryan served as the vicepresident of child welfare for the Jane Addams Hull House. 7. In recent years, Mr. Ryan has volunteered to visit and interact with inmates of the Illinois Department of Corrections (!DOC). He has become an advocate for prisoners and their need for constructive outlets while incarcerated. 8. Defendant ROGER E. WALKER, is the Director of the !DOC and is being sued in both his individual and official
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capacities. As Director, Defendant Walker oversees the IDOC's entire operations.
9. Defendant KENNETH R. BRILEY is the warden of Stateville Correctional Center and is being sued in both his individual and official capacities. As warden of Stateville, Defendant Briley is responsible for administering the operation of Stateville.
10. Defendant ROBERT CATCHINGS is the assistant warden for Stateville and is being sued in: both his individual and official capacities.
11. Defendant SERGIO MOLINA is the Chief of Communications for the IDOC and is being sued in both his individual and official capacities. As Chief of Communications, Defendant Molina is the spokesperson for IDOC and is responsible for communications with the general public.
12. Defendant BARBARA HURT is the administrator for the Chicago District of the IDOC and is being sued in both her individual and official capacities. The Chicago District includes Stateville Correctional Center, located in Joliet, Illinois.
Stateville B,peaks 13. In the Summer of 2003, at the behest of several inmates, Mr. Ryan sponsored an essay contest, soliciting entries from inmates housed in the IDOC. The inmates were asked to compose an essay on the topic, "Who am I? What can I do to be better?"
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Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 PaI'g"'e~ 4 of 17 PageID #:4

14. Over thirty-five inmates submitted essays for the contest. A panel of journalists was convened to judge the entries, including Eric Zorn, a columnist for the Chicago Tribune, Cornelia Grumman, an editorial writer for the Chicago Tribune, Jeff Flock, at the time the Chicago Bureau Chief for CNN, and Mary Mitchell, a columnist for the Chicago Sun-Times.
15. The contest was an overwhelming success. In fact, the entries were so well-written and insightful that Mr. Ryan compiled the essays into a book entitled I.ockdown Prison Heart published in the Summer of 2004. The authors of the essays have decided to donate any profits from the sales of the book to a fund for reconciliation between victims of violent crime and the perpetrators.
16. In the Fall of 2003, encouraged by the success of the essay contest, Mr. Ryan and one of the inmates housed in Stateville, Renaldo Hudson, discussed producing and publishing a newspaper for Stateville.
17. To that end, Mr. Ryan contacted and met with Defendant Hurt about publishing a newspaper within Stateville. Mr. Ryan was confident about gaining approval because Stateville published a similar newspaper approximately ten years ago.
18. After IDOC officials raised concerns about the cost of publishing the newspaper within Stateville, Mr. Ryan agreed to provide all of the necessary supplies and equipment. CNN agreed to donate computers for the inmates to use. Eric
4
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Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 5 of 17 PageID #:5
Zorn, Cornelia Grumman, and Robert Hess, formerly with CNN, agreed to train the prospective journalists.
19. In December 2003, Mr. Ryan spoke with Ian Oliver, then the Chief of Operations for IDOC, who informed Mr. Ryan that his proposal to publish a newspaper in Stateville, to be titled Stateville Speaks, had been approved.
20. In January 2004, Mr. Ryan attempted to contact Ian Oliver to discuss plans to publish the newspaper, but was informed that Oliver was no longer working for IDOC. Mr. Ryan was referred to Defendant Molina instead.
21. When Mr. Ryan contacted Defendant Molina, he was informed that the IDOC had reversed course and now would not allow a newspaper to be published within Stateville. Defendant Molina stated that publishing a newspaper within IDOC would require additional resources from the prison in order to guard the three inmates responsible for producing Stateville Speaks while they were outside their cells working on the newspaper.
Further Attempts to Publish 22. Disappointed but undeterred by the IDOC's abrupt change in position, Mr. Ryan solicited donations from individuals to privately publish Stateville Speaks. By early March 2004 Mr. Ryan had printed and published the first run of Stateville Speaks outside the prison, consisting of some two hundred copies. 23. The content of Stateville Speaks is as varied as the men who authored it. There are entries about the evils of illicit drug use (Exhibit A "From the Editor," pages 1 and 3};
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Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 6 of 17 PageID #:6
self-improvement and religion ("Every Tomorrow," page 5); sentencing reform ("Lifers," page 7); the advantages of rehabilitation through cognitive restructuring therapy ("Thought Restructuring," pages 8-9); the importance of being productive while incarcerated ("Self Improvement Activities for Inmates," page 11); a poem about an inmate's sorrow for not being a part of his daughter's life ("Daddy's Sorry," page 12); a poem about remorse ("Castaway," page 4); religion ("Encouragement in the Wilderness," page 12); and social commentary on the injustice of racial discrimination and economic inequities ("The Production of a Prisoner in 8 Easy Steps," page 14), among others.
24. None of the articles contained in Stateville Speaks falls within any of !DOC's criteria for prohibited
material. The articles are not obscene or sexually explicit; they are not written in code and do not facilitate communication between offenders; they do not describe, depict, or encourage activity that may lead to physical violence or group disruption; they do not advocate or encourage violence, hatred, or group disruption; they do not encourage or instruct in the commission of criminal activity; they do not include sexually explicit material; and they are not detrimental to security, good order, rehabilitation, or discipline and they neither facilitate criminal activity nor are they detrimental to mental health.
25. In March 2004, Mr. Ryan delivered a copy of
Stateville Speaks to each of the individual Defendants and to the
Governor of Illinois, along with a letter addressed to Defendant
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Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 7 of 17 PageID #:7
Briley informing him that Mr. Ryan would like to distribute the newspaper to Stateville inmates. The letter asked Defendant Briley to review the newspaper and to contact Mr. Ryan with any and all of his concerns. See Exhibit B (letter to Defendants).
26. After waiting two to three weeks without receiving a response from any of the Defendants, Mr. Ryan mailed copies of Stateville Speaks to four inmates in Stateville, with the intention of mailing copies to over 100 Stateville inmates.
IDOC's Rejection 27. On March 26, 2004, Stateville refused to deliver the newspapers and instead returned them to Mr. Ryan along with rejection slips stating that the newspapers were ftunauthorized material." See Exhibit C. 28. On April 9, 2004, Defendant Molina sent a letter to Mr. Ryan, stating in its entirety: I have been asked to respond to your letter to the Governor's Office regarding the leaving [sic) an inmate newspaper at Stateville Correctional Center. The agency's major priorities at Stateville is [sic] the safe and secure operation of managing the Level 1 maximum security facility that houses an average daily population of about 2,700 inmates. Please know that your concerns have been heard. See Exhibit D. 29. After receiving this letter, Mr. Ryan retained counsel to negotiate with Stateville regarding the distribution of Stateville Speaks. Following a meeting with counsel for the IDOC, Plaintiff's counsel received a letter dated May 7, 2004, stating that ftthe edition of Stateville Speaks would need to be
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Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 8 of 17 PageID #:8
referred to the Publication Review Committee. A decision from the committee would determine whether or not the publication would be allowed."
30. To date, despite attempts to contact counsel for Defendants, Mr. Ryan has received no further response regarding Stateville Speaks or the Publication Review Committee.
31. Neither Stateville nor the IDOC has a method by which Mr. Ryan can either appeal }he IDOC's decision to prevent
i
him from mailing Stateville Speaks to prisoners at Stateville or request a hearing on the issue.
Basis for Relief 32. All Americans, including prisoners, have a fundamental right not only to express themselves, but also to receive and consider the written expressions and opinions of others. Similarly, all Americans, including Mr. Ryan, have a fundamental right to communicate their opinions and ideas to others. Where that very basic human need entails no threat whatsoever to security or any other legitirnate penological interest, it should not, and cannot, be suppressed at the callous whim of prison administrators. The First ;~endment to the United States constitution demands no less.
COUNT I -- 42 U.S.C. § 1983 First Amendment Violation
33. Each of the Paragraphs in this Complaint is incorporated as if restated fully herein.
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34. The First Amendment to the United States Constitution guarantees Plaintiff's right to speak and publish without unreasonable government interference.
35. As stated more fully in the preceding paragraphs, Plaintiff engaged in speech protected by the First Amendment. Defendants prohibited that speech unreasonably.
36. Moreover, the administrative code promulgated by the IDOC is unconstitutionally oppressive to free speech on its face, in that it is not content neutral, it is not narrowly tailored to serve a governmental interest, and it does not allow for ample alternative channels for expression.
37. Specifically, the administrative code includes a "catch all" provision, as follows:
A publication that may be rejected includes, but is not limited to, a publication or portion thereof that meets one of the following criteria:
(7) It is otherwise detrimental to security, good order, rehabilitation, or discipline or it might facilitate criminal activity or be detrimental to mental health. 20 Ill. Admin. Code§ 525.230(b).
38. The criteria listed in § 525.230 (b) (7) are so vague as to enable the Department to censor speech based on its content in the absence of a legitimate governmental interest. For example, the criteria does not even identify whose mental health is to be considered when banning publications under § 525.230(b) (7). Furthermore, § 525.230(b), by the phrase "but not limited to," contemplates censorship based on any other criteria
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Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 10 of 17 PageID #:10

that appeals to the Department, whether constitutionally permissible or not.
39. As the only meaningful method for Mr. Ryan to communicate with over 100 prisoners at Stateville is by mail, Mr. Ryan has no meaningful alternative to communicate with prisoners at Stateville so long as defendants are able to block the
distribution of Stateville Speaks.
40. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff's constitutional rights.
41. As a result of the Defendants' unconstitutional conduct, and as a result of the vague and overly broad administrative code, Plaintiff has suffered irreparable harm.
Count II -- 42 U.S.C. § 1983 Due Process
42. Each of the Paragraphs of this Complaint is incorporated as if restated fully herein.
43. Plaintiff has a right to speak to prisoners, protected by the First Amendment to the Constitution of the United States.
44. Defendant has deprived plaintiff of his right to speak to prisoners at Stateville Correctional Center.
45. IDOC has no system by which a member of the public, as opposed to an inmate of IDOC, may either appeal IDOC's refusal to distribute non-prohibited material or request a hearing on the issue.
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Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 11 of 17 PageID #:11
46. On its face, the absence of a system by which a member of the public can contest IDOC's interference with his or her right to communicate with prisoners at Stateville violates the due process clause of the Fourteenth Amendment to the United States Constitution.
47. Furthermore, as applied to Plaintiff, the IDOC's regulations violate Plaintiff's due process rights by not providing him with a means by which to receive a hearing or other satisfactory process on the IDOC's denial of his request to
distribute Stateville Speaks within Stateville.
48. As a result of the violation of his constitutional rights, Plaintiff has suffered irreparable harm.
49. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff's constitutional rights.
Count III -- State Law Claim Illinois Civil Rights Act -- 740 ILCS § 23/S(c) (2)
50. Each of the Paragraphs in this Complaint is incorporated as if restated fully herein.
51. The misconduct described above is a violation of Plaintiff's rights as secured by the Illinois Constitution.
52. Specifically, by preventing Plaintiff from
circulating Stateville Speaks within Stateville, Defendants
violated Plaintiff's right to speak, write and publish freely under Article I, Section 4 of the Illinois Constitution.
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53. Moreover, by preventing Plaintiff from mailing Stateville Speaks to prisoners at Stateville without providing him a method by which to lodge his grievance, the Defendants violated Plaintiff's right to apply for redress of grievances under Article I, Section 5 of the Illinois Constitution.
54. In addition, by preventing Plaintiff from mailing Stateville Speaks to prisoners at Stateville without providing him a method by which to lodge his grievance, the Defendants violated Plaintiff's right to a remedy and justice under Article I, Section 12 of the Illinois Constitution.
55. The misconduct described in this Count was undertaken with malice, willfulness, and reckless indifference to the rights of others
56. As a result of these deprivations of Plaintiff's rights as secured by the Illinois Constitution, Plaintiff has suffered irreparable harm, including but not limited to attorneys' fees and costs, for which the Defendants are liable.
REQUEST FOR RELIEF UNDER ALL COUNTS
WHEREFORE, Plaintiff, WILLIAM RYAN, respectfully requests that this Court enter judgment in his favor and against Defendants, ROGER E. WALKER, KENNETH R. BRILEY, ROBERT CATCHINGS, SERGIO MOLINA, and BARBARA HURT, awarding compensatory damages and attorneys' fees, along with punitive damages against the Defendants in their individual capacities,
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Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 13 of 17 PageID #:13

as well as injunctive and declaratory relief granting Plaintiff the right to distribute Stateville Speaks to inmates within Stateville Correctional Center, and any other relief this Court deems just and appropriate.
JURY DEMAND
Plaintiff, WILLIAM RYAN, hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) on all issues so triable.

RESPECTFULLY SUBMITTED,

Alan Mills UPTOWN PEOPLE'S LAW CENTER 4404 North Broadway Chicago, IL 60640 (773) 769-1411
Arthur Loevy Jon Loevy Russell Ainsworth LOEVY & LOEVY 312 North May St Suite 100 Chicago, IL 60607 (312) 243-5900
Samuel Fifer Terry Norton Carin Riekes SONNENSCHEIN, NATH & ROSENTHAL LLP 8000 Sears Tower Chicago, IL 60606
13

Civil CoveCr Sahseee:t1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 14 of 17 PageID P#a:1g4e 1 of 1

JUDGE RONALD GUZfviAN

UNITED ST

TRICT COURT

She~) 4:635 NORTHERN DISTRICT 0~ ILLIN~~c ' Civil Cover MAGISTRATE JUDGE KEYS

This automated JS-44 confonns generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the pwpose ofinitiating d•e civil docket sbeel The infonnation contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use only in the Northern District ofIllinois.

Plaintiff{s): William Ryan

Defendant(s):Roger E. Walker, Kenneth R. Briley, Robert Catchings, Sergio Molina, and Barbara Hurt

County of Residence: Cook

County of Residence:

Plaintiff's Atty:

Loevy & Loevy
312 N. May St., Suite 100 Chicago, 1L 60607 (312) 2~3-5900
'

Defendant's Atty:

IT. Basis of Jurisdiction:

3. Federal Question (U.S. not a party)

IT!. Citizenship ofPrincipaiParties (Diversity Cases Only)
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IV. Origin:

1. Original Proceeding

V. Nature of S11it:

440 Other Civil Rights

VI.Cause of Action:

42 U.S.C. Section 1983

VII. Requested in Complain! Class Action:
Dollar Demand: Jwy Demand: Yes

JUL 1 6 2004

VIII. This case IS NOT a refiling of a previously dismissed case.

Signature: ~9~"-=-+--=--~.......__­
Date: _ _ _"ll.J/c.!_I.>L5/c,~o'.:ly_ _

If any of this information is incorrect. please go back to the Civil Cover Sheet Input form using the Bacic button in your browser and chansc it. Onc:e correct,

print this form, sign and date it and submit it witb your ocweivil action. Note: You may need to adjust tbe foot size ia your browser

display to make the form print properly.

ReriHd• Of/2B/OO

http://www.ilnd.uscourts.gov/PUBLIC/Forrns/autojs44.cfm

7/14/2004

____________________________________________________. _. . . . . . . . . . . . . . . . . . . . . .ftB. . . . . . . . . . . . . . . . . . . .,

Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 15 of 17 PageID #:15

UNITED STATES DISTRICT COURT

In the Matter of

NORTHERN DISTRICT OF ILLINOI.fuDGE RONALD GUZMAI'll

EASTERN DIVISION

MAGISTRATElUDG.~ KEYS

William Ryan v. Roger E. Walker, Kenneth R. Briley, Robert Catchings, Sergio Molina, and Barbara Hurt

·· ..

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c.ootf4c~R: 4"i;··8-5 APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S)

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PLAINTIFF - WILLIAM RYAN

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FIFW NAME /SAMUEL

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FIRM Sonnenschein Nath & Rosenthal LLP

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TERRANCE NORTON

FIRM Sonnenschein Nath & Rosenthal LLP

STREET ADDRESS 233 S. Wacker Dr. Suite 8000

CITY1STATEIZIP

I Chicago/Illinois/60606

TELEPHONE NUMBER
312-876-3114

FA3X1N2U-M8B7E6R-i~934

E-MAIL ADDRESS sfifer@sonennschein.com

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
00803006

MEMBER OF TRIAL BAR7

YES

TRIAL ATTORNEY?

YES

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sTREET ADDRESs 233 S. Wacker Dr. Suite 8000

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312-876-7939

312-876-7934

E·MAIL ADDRESs tnorton@sonennschein.com

IDENTIFICATION NUMBER {SEE ITEM 4 ON REVERSE)
2066092

MEMBER OF TRIAL BAR?

YES

D NO D

TRIAL ATI'ORNEY7

YES

D NO D

DESIONATED AS LOCAl COUNSEL?

YES

0

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NAME CARIN S. RIEKES

FIRM Sonnenschein Nath & Rosenthal LLP

STREET ADDRESS

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233 S. Wacker Dr. Sutte 8000

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Chicago/lllinois/60606

TELEPHONE NUMBER

I FAXNUMBER

312-876-6159

312-876-7934

E-MAIL ADDRESS
criekes@sonnenschein.com

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
6280998

MEMBER OF TRIAL BAR1

0 YES NO 1!1

SIGNATIIR..E •i •i
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NAME
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TRIAL ATtORNEY?

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TRIAL ATIORNEY?

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DESIGNATED AS LOCAL COUNSEL?

0 YES NO 1!1

DESIGNATED AS LOCAL COUNSEL?

YES

0

NO 0

f'"'' Case: 1:04-cv-04635 Document #: 1 Filed: 07/15/04 Page 16 of 17 PageID #:16

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOJ~DGE RONALD GUZMAN

In the Matter of
~oger~~ Walker, eta!.

EASTERN DIVISION
cfttC 5 G8 -· MAGISTRATE JUDGE KE~S ~ ' ::: .- , t/

gg APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS AITORNEY(S) F<tiP Ui

Plaintiff

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STREET ADDRESS

CITY1STATErZlP TELEPHONE NU.IBER E-MAD.. ADDRESS

IFAXNUMBER

IDENTIFICATION NUMBER. (SEE ITEM 4 ON REVERSE)

MEMBER Of TRIAL BAR? TR1ALATIORNEY7

YES (il

NO

0

YES (il

NO

0

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A ' (C)

- NAME Arthur Loevy

FIRM Loevy & Loevy

Same sTREET ADDRESS

CITY1STATEJZIP TELEPHONE NUMBER

IFAXNINB£R

E-MAIL ADDRESS

IDENTIFICATION NUMfER (SEE ITEM 4 ON REVERSE)
1682479

MEMBEROF11UALBAR?

YES Ill NO 0

TRIAL ATIORNEY?

YES

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NO

0

DESIGNATED AS LOCAL COUNSEL?

0 YES

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SIGNATURE

NAME
Jonu6y

Loevy & Loevy

•=ADDRESs 312 N. May St., Suite 100

Cl1Y/STATEILIP Chicago, IL 60607

TELEPHONE NtJ.fBEJI.
(312) 243-5900

IFAX Nl.NBER. (312) 243-5902

mENTlFICATION NUMBER (SEE l1EM 4 ON REVERSE)
02618254

MEMBER OF TRIAL BAR?

YES

TRIAL A1TOitNI!Y?

YES

DESIGNATED AS LOCAL COUNSEL?

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mENTIFICATION NUMIER (SEE ITEM 4 ON REVERSE)
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YES

TRIAL ATI0RNEY1

YES

DFSIGNATED AS LOCAL COUNSEL?

YES

0

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0 NO IZJ

0 0 NO

t---.3

Case: 1:04-cv-0463I5'~Document #: 1 Filed: 07/15/04 Pag,ef'"1'\J7UoDf 1G7EPaRgOeINDA#L:1D7 GUZ!viAN

Ul\jtTED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOI~AGISJRATE JUDGE KEYS

In the Matter of

EASTERN DIVISION

Bill Ryan v. Roger Walker, et al

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APPEARANCES ARE HEREBY FIT.,ED BY THE UNDERSIGNED AS ATTORNEY(~Fv..&!

Bill Ryan

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NAME
Alan Mills

Fil<M Uptown People's Law Center

STREET ADDRESS 4404 North Broadway

CITY/STATEalP

l Chicago, IL 160640

TELEPHONE NUMBER

FAX NUMBER

773-769-1411

773-769-2224

E·MAIL ADDRESS alanmill@aol.com

IDENTIFICATION NUMBER (SEE ITEM" ON REVERSE}
6181054

MEMBER OF TRIAL BAR'!

.

D YES ~

NO

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CITY/STATEJZlP TELEPHONE NUMBER

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IDENTIFJCATlON NUMBER (SEE ITEM 4 ON REVERSEl

MEMBER OF TRIAL BAR? TRiAL ATIORNEY'I DESIGNATED AS LOCAL COUNSEL?

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NO

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NAME

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STREET ADDRESS

CITYISTATEIZIP TELEPHONE NUMBER E-MAIL ADDRESS

IFAXNI..MBER

lDENTIFICATlON NUMBER. (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR'f TRJALATIORNEY'I DESIGNATED AS LOCAL COUNSEL?

YES D NO D YES D NO D YES D NO/ D'"l
( ___./

 
 Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 1 of 33 PageID #:35

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIV~ON

WILLIAM RYAN,

Plaintiff,

v.

ROGER E. WALKER, KENNETH R. BRILEY,)

ROBERT CATCHINGS, SERGIO MOLINA, )

and BARBARA HURT

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Defendants.

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JURY TRIAL DEMANDED

NOTICE OF FILING t'• r _1->l'';-:,;·w.t,· >

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Alison I. Abel

Andrew Office

W. of

Lambertson the Illinois

Attorney

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Please take notice that on September 15, 2004, I filed

the attached Plaintiff's Corrected Complaint with Exhibits with

the Clerk of the United States District Court for the Northern

District of Illinois.

LOEVY & LOEVY 312 North May Street Suite 100 Chicago, IL 60607 (312) 243-5900
CERTIFICATE OF SERVICE
I, Russell Ainsworth, an attorney, certify that on September 15, 2004, I sent by hand delivery a copy of the attached Plaintiff's Corrected Complaint with Exhibits to the above-named counsel of record.

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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 2 of 33 PageID #:36

IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISIO~'J'

WILLIAM RYAN,

Plaintiff, v.

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JUDGE GUZMAN <'1;,•.. '1\,.

ROGER E. WALKER, KENNETH R. BRILEY, )

ROBERT CATCHINGS, SERGIO MOL INA, )

and BARBARA HURT

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Defendants.

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JURY TRIAL

CORRECTED COMPLAINT WITH EXHIBITS
NOW COMES Plaintiff, BILL RYAN, by his attorneys, "· UPTOWN PEOPLE'S LAW CENTER, LOEVY & LOEVY, and SONNENSCHEIN, NATH & ROSENTHAL LLP, and complaining of Defendants, ROGER E. WALKER, KENNETH R. BRILEY, ROBERT CATCHINGS, SERGIO MOLINA, and BARBARA HURT, states as follows:
Introduction 1. This action is brought pursuant to 42 U.S.C. Section 1983 to redress the deprivation under color of law of Plaintiff's rights as secured by the United States Constitution. 2. Specifically, this action is brought by a publisher who has been barred by Defendants from distributing a quarterly newspaper entitled Stateville Speaks inside Stateville Correctional Center ("Statevil1e"). 3. As discussed more fully below, Stateville Speaks is a compilation of essays, poems, and news items written by inmates of the prison. See Exhibit A. After the Defendants refused to publish the newspaper, Mr. Ryan raised private funds

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 3 of 33 PageID #:37
in order to cover all costs associated with printing and distributing the newsletter. Mr. Ryan simply wishes to mail Stateville Speaks to prisoners within the institution, and this lawsuit has become necessary because Defendants refuse to respect his constitutional right to do so.
Jurisdiction and Venue 4. This Court has jurisdiction of the action pursuant to 28 U.S.C. §§ 1331 and 1367. 5. Venue is proper under 28 U.S.C. § 1391(b). The events giving rise to the claims asserted herein occurred within this judicial district.
The Parties 6. Plaintiff, BILL RYAN, is a 69 year-old resident of Westchester, Illinois. Recently retired, Mr. Ryan has been a tireless advocate for children's welfare over his long career. For twenty years, Mr. Ryan worked as the director of child protective services for the Illinois Department of Children and Family Services. Most recently, Mr. Ryan served as the vicepresident of child welfare for the Jane Addams Hull House. 7. In recent years, Mr. Ryan has volunteered to visit and interact with inmates of the Illinois Department of Corrections (IDOC). He has become an advocate for prisoners and their need for constructive outlets while incarcerated. 8. Defendant ROGER E. WALKER, is the Director of the IDOC and is being sued in both his individual and official
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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 4 of 33 PageID #:38
capacities. As Director, Defendant Walker oversees the IDOC's entire operations.
9. Defendant KENNETH R. BRILEY is the warden of Stateville Correction~l Center and is being sued in both his individual and official capacities. As warden of Stateville, Defendant Briley is responsible for administering the operation of Stateville.
10. Defendant ROBERT CATCHINGS is the assistant warden for Stateville and is being sued in both his individual and official capacities.
11. Defendant SERGIO MOLINA is the Chief of Communications for the IDOC and is being sued in both his individual and official capacities. As Chief of Communications, Defendant Molina is the spokesperson for IDOC and is responsible for communications with the general public.
12. ·Defendant BARBARA HURT is the administrator for the Chicago District of the IDOC and is being sued in both her individual and official capacities. The Chicago District includes Stateville Correctional Center, located in Joliet, Illinois.
Statevi~~e Speaks 13. In the Summer of 2003, at the behest of several inmates, Mr. Ryan sponsored an essay contest, soliciting entries from inmates housed in the IDOC. The inmates were asked to compose an essay on the topic, "Who am I? What can I do to be better?"
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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 5 of 33 PageID #:39
14. Over thirty-five inmates submitted essays for the contest. A panel of journalists was convened to judge the entries, including Eric Zorn, a columnist for the Chicago Tribune, Cornelia Grumman, an editorial writer for the Chicago Tribune, Jeff Flock, at the time the Chicago Bureau Chief for CNN, and Mary Mitchell, a columnist for the Chicago Sun-Times.
15. The contest was an overwhelming success. In fact, the entries were so well-written and insightful ~hat Mr. Ryan compiled the essays into a book entitled Lockdown Prison Heart published in the Summer of 2004. The authors of the essays have decided to donate any profits from the sales of the book to a fund for reconciliation between victims of violent crime and the perpetrators.
16. In the Fall of 2003, encouraged by the success of the essay contest, Mr. Ryan and one of the inmates housed in Stateville, Renaldo Hudson, discussed producing and publishing a newspaper for Stateville.
17. To that end, Mr. Ryan contacted and met with Defendant Hurt about publishing a newspaper within .Stateville. Mr. Ryan was confident about gaining approval because Stateville published a similar newspaper approximately ten years ago.
18. After IDOC officials raised concerns about the cost of publishing the newspaper within Stateville, Mr. Ryan agreed to provide all of the necessary supplies and equipment. CNN agreed to donate computers for the inmates to use. Eric
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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 6 of 33 PageID #:40
Zorn, Cornelia Grumman, and Robert Hess, formerly with CNN, agreed to train the prospective journalists.
19. In December 2003, Mr. Ryan spoke with Ian Oliver, then the Chief of Operations for IDOC, who informed Mr. Ryan that his proposal to publish a newspaper in Stateville, to be titled Stateville Speaks, had been approved.
20. In January 2004, Mr. Ryan attempted to contact Ian Oliver to discuss plans to publish the newspaper, but was informed that Oliver was no longer working for IDOC. Mr. Ryan was referred to Defendant Molina instead.
21. When Mr. Ryan contacted Defendant Molina, he was informed that the IDOC had reversed course and now would not allow a newspaper to be published within Stateville. Defendant Molina stated that publishing a newspaper within IDOC would require additional resources from the prison in order to guard the three inmates responsible for producing Stateville Speaks while they were outside their cells working on the newspaper.
Further Attempts to Pub1ish 22. Disappointed but undeterred by the IDOC's abrupt change in position, Mr. Ryan solicited donations from individuals to privately publish Stateville Speaks. By early March 2004 Mr. _Ryan had printed and published the first run of Stateville Speaks outside the prison, consisting of some two hundred copies. 23. The content of Stateville Speaks is as varied as the men who authored it. There are entries about the evils of illicit drug use (Exhibit A ~From the Editor," pages 1 and 3);
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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 7 of 33 PageID #:41
self-improvement and religion · ("Every Tomorrow," page 5) ; sentencing reform ("Lifers," page 7); the advantages of rehabilitation through cognitive restructuring therapy ("Thought Restructuring," pages 8-9); the importance of being productive while incarcerated ("Self Improvement Activities for Inmates," page 11); a poem about an inmate's sorrow for not being a part of his daughter's life ("Daddy's Sorry," page 12); a poem about remorse ("Castaway," page 4); religion ("Encouragement in the Wilderness," page 12); and social commentary on t:he injustice of racial discrimination and economic inequities ("The Production of a Prisoner in 8 Easy Steps," page 14), among others.
24. None of the articles contained in Stateville Speaks falls within any of IDOC's criteria for prohibited material. The articles are not obscene· ·"Or sexually explicit; they are not written in code and do not facilitate communication between offenders; they do not describe, depict, or encourage activity that may lead to physical violence or group disruption; they do not advocate or encourage violence, hatred, or group disruption; they do not encourage or instruct in the commission of criminal activity; they do not include sexually explicit material; and they are not detrimental to security, good order, rehabilitation, or discipline and they neither facilitate criminal activity nor are they detrimental to mental health.
25. In March 2004, Mr. Ryan delivered a copy of Stateville Speaks to each of the individual Defendants and to the Governor of Illinois, along with a letter addressed to Defendant
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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 8 of 33 PageID #:42
Briley informing him that Mr. Ryan would like to distribute the newspaper to Stateville inmates. The letter asked Defendant Briley to review the newspaper and to contact Mr. Ryan with any and all of his concerns. See Exhibit B (letter to Defendants).
26. After waiting two to three weeks without receiving a response from any of the Defendants, Mr. Ryan mailed copies of $tateville Speaks to four inmates in Stateville, with the intention of mailing copies to over 100 Stateville inmates.
!DOC's Rejection 27. On March 26, 2004, Stateville refused to deliver the newspapers and instead returned them to Mr. Ryan along with rejection slips stating that the newspapers were "unauthorized material." See Exhibit C. 28. On April 9, 2004, Defendant Molina sent a letter to Mr. Ryan, stating in its entirety: I have been asked to respond to your letter to the Governor's Office regarding the leaving [sic] an inmate newspaper at Stateville Correctional Center. The agency's major priorities at Stateville is [sic] the safe and secure operation of managing the Level 1 maximum security facility that houses an average daily population of about 2,700 inmates. Please know that your concerns have been heard. See Exhibit D. 29. After receiving this letter, Mr. Ryan retained counsel to negotiate with Stateville regarding the distribution of Stateville Speaks. Following a meeting with counsel for the IDOC, Plaintiff's counsel received a letter dated May 7, 2004, stating that "the edition of Stateville Speaks would need to be
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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 9 of 33 PageID #:43

referred to the Publication Review Committee. A decision from the committee would determine whether or not the publication would be allowed."
30. To date, despite attempts to contact counsel for Defendants, Mr. Ryan has received no further response regarding Stateville Speaks or the Publication Review Committee.
31. Neither Stateville nor the IDOC has a method by which Mr. Ryan can either appeal the IDOC's decision to prevent him from mailing Stateville Speaks to prisoners at Stateville or request a hearing on the issue.
Basis for Re1ief 32. All Americans, including prisoners, have a fundamental right not only to express themselves, but also to receive and consider the written expressions and opinions of others. Similarly, all Americans, including Mr. Ryan, have a fundamental right to communicate their opinions and ideas to others. Where that very basic human need entails no threat whatsoever to security or any other legitimate penological interest, it should not, and cannot, be suppressed at the callous whim of prison administrators. The First Amendment to the United States constitution demands no less.
COUNT I -- 42 U.S.C. § 1983 First Amendment Vio1ation
33. Each of the Paragraphs in this Complaint is incorporated as if restated fully herein.
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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 10 of 33 PageID #:44

34. The First Amendment to the United States Constitution guarantees Plaintiff's right to speak and publish without unreasonable government interference.
35. As stated more fully in the preceding paragraphs, Plaintiff engaged in speech protected by the First Amendment. Defendants prohibited that speech unreasonably.
36. Moreover, the administrative code promulgated by the IDOC is unconstitutionally oppressive to free speech on its face, in that it is not content neutral, it is not narrowly tailored to serve a governmental interest, and it does not allow for ample alternative channels for expression.
37. Specifically, the administrative code includes a ncatch all" provision, as follows:
A publication that may be rejected includes, but is not limited to, a publication or portion thereof that meets one of the following criteria:
(7) It is otherwise detrimental to security, good order, rehabilitation, or discipline or it might facilitate criminal activity or be detrimental to mental health. 20 Ill. Admin. Code§ 525.230(b).
38. The criteria listed in § 525.230 (b) (7) are so vague as to enable the Department to censor speech based on its content in the absence of a legitimate governmental interest. For example, the criteria does not even identify whose mental health is to be considered when banning publications under § 525.230(b) (7). Furthermore, § 525.230(b), by the phrase nbut not limited to," contemplates censorship based on any other criteria
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... Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 11 of 33 PageID #:45

that appeals to the Department, whether constitutionally permissible or not.
39. As the only meaningful method for Mr. Ryan to communicate with over 100 prisoners at Stateville is by mail, Mr. Ryan has no meaningful alternative to communicate with prisoners at Stateville so long as defendants are able to block the distribution of Stateville Speaks.
40. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff's constitutional rights.
41. As a result of the Defendants' unconstitutional conduct, and as a result of the vague and overly broad administrative code, Plaintiff has suffered irreparable harm.
Count II -- 42 U.S.C. § 1983 Due Process
42. Each of the Paragraphs of this Complaint is incorporated as if restated fully herein.
43. Plaintiff has a right to speak to prisoners, protected by the First Amendment to the Constitution of the United States.
44. Defendant has deprived plaintiff of his right to speak to prisoners at Stateville Correctional Center.
45. IDOC has no system by which a member of the _public, as opposed to an inmate of IDOC, may either appeal IDOC's
refusal to distribute non-prohibited material or request a hearing on the issue.
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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 12 of 33 PageID #:46
46. On its face, the absence of a system by which a member of the public can contest IDOC's interference with his or her right to communicate with prisoners at Stateville violates the due process clause of the Fourteenth Amendment to the United States Constitution.
47. Furthermore, as applied to Plaintiff, the IDOC's regulations violate Plaintiff's due process rights by not providing him with a means by which to receive a hearing or other satisfactory process on the IDOC's denial of his _request to distribute Stateville Speaks within Stateville.
48. As a result of the violation of his constitutional rights, Plaintiff has suffered irreparable harm.
49. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff's constitutional rights.
Count III -- State Law Claim Illinois Civil Rights Act -- 740 ILCS § 23/S(c) (2)
50. Each of the Paragraphs in this Complaint is incorporated as if restated fully herein.
51. The misconduct described above is a violation of Plaintiff's rights as secured by the Illinois Constitution.
52. Specifically, by preventing Plaintiff from circulating Stateville Speaks within Stateville, Defendants violated Plaintiff's right to speak, write and publish freely under Article I, Section 4 of the Illinois Constitution.
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.· Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 13 of 33 PageID #:47

53. Moreover, by preventing Plaintiff from mailing Stateville Speaks to prisoners at Stateville without providing him a method by which to lodge his grievance, the Defendants violated Plaintiff's right to apply for iedress 6f grievances under Article I, Section 5 of the Illinois Constitution.
54. In addition, by preventing Plaintiff from mailing Stateville Speaks to prisoners at Stateville without providing him a method by which to lodge his grievance, the Defendants violated Plaintiff's right to a remedy and justice under Article I, Section 12 of the Illinois Constitution.
55. The misconduct described in this Count was undertaken with malice, willfulness, and reckless indifference to the rights of others
56. As a result of these deprivations of Plaintiff's rights as secured by the Illinois Constitution, Plaintiff has suffered irreparable harm, including but not limited to attorneys' fees and costs, for which the Defendants are liable.
REQUEST FOR RELIEF UNDER ALL COUNTS WHEREFORE, Plaintiff, WILLIAM RYAN, respectfully requests that this Court enter judgment in his favor and against Defendants, ROGER E. WALKER, KENNETH R. BRILEY, ROBERT CATCHINGS, SERGIO MOLINA, and BARBARA HURT, awarding compensatory damages and attorneys' fees, along with punitive damages against the Defendants in their individual capacities,
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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 14 of 33 PageID #:48
as well as injunctive and declaratory relief granting Plaintiff the right to distribute Stateville Speaks to inmates within Stateville Correctional Center, and any other relief this Court deems just and appropriate.
JURY DEMAND
Plaintiff, WILLIAM RYAN, hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) on all issues so triable.
RESPECTFULLY SUBMITTED,

Alan Mills UPTOWN PEOPLE'S LAW CENTER 4404 North Broadway Chicago, IL 60640 (773) 769-1411
Arthur Loevy Jon Loevy Russell Ainsworth LOEVY & LOEVY 312 North May St Suite 100 Chicago, IL 60607 (312) 243-5900
Samuel Fifer Terry Norton Carin Riekes SONNENSCHEIN, NATH & ROSENTHAL LLP 8000 Sears Tower Chicago, IL 60606
13

for Plaintiff

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 15 of 33 PageID #:49
S'l,il'l,l~lTJJ~I~I~

SPI~ili{S.

Voices from inside~ ....
A Quarterly Newspaper

Volume 1

Issue #1 (2004)

From the Editor

I have frequently wondered what would the

scent of peer-pressure smell like. And today, as I

walk through the valley of personal decision making,

I now have a general idea of what it would smell like,

but I dare not knuckle under the pressure.

Therefore, I find myself compelled, to stand

up and speak out on this very controversial and

important problem. A problem that's causing the

majority to suffer because of the uneducated actions

of a few, misguided individuals. It's time for us to

acknowledge that drugs are, without question,

weapons of mass destruction, and those who deal

the drugs are clearly members of the real axis of evil.

Where it's coming from, and who are indulging isn't a

question for this editor. The administration must deal

with these questions. And as we all can see, they

are.

·

We, the prison population must deal with the

reasons for drugs among us. And the effects they

continue to have on our families and communities

One of the ways we can work to eliminate this is

through education. We must use education to

change attitudes and mindsets, by being voices of

reason among each other.

We spend everyday of our lives being filled

with daily bombardments of negativity, and even

though that is true, we don't have to surrender to the

outrageous notion that all of us are either drug

dealers or drug users, because this clearly isn't true

And we, the sober minded brothers, must stand up

and say so.

Am I the only one who has· taken offense to

this outrageous notion? Do I stand alone in this

honorable position?· Shall I bear the burden of

fighting this evil alone? Is there anyone willing to

fight this monster with ine? Am I the only one

offended by these stereotypes? Stereotypes

caused by a few dealers and users.

Do I stand alone at being offended by drug

sniffing dogs, drug drops, strip searches, shake

downs and long lock downs? Do I stand alone at

. being offended by the humiliation our families and

We the men at Stateville need to be

encouraged to hold on. We need to know that with

all the racist issues we deal with, there is hope that

our voices will be heard. This is our purpose and

aim. We hope to bring our issues before the public

in a positive and intelligent form.

·

We also hope to entertain our readers with

essays, short stories and poetry. We are faithful

that we will also receive letters and articles from the

prison population. We need your views. There can

be no progress without struggle. So give us your

best. As we will give ours to you in each issue.

The first issue of Stateville Speaks is

being published outside the prison because the

Illinois Department of Corrections denied our request

to publish it inside. We deeply appreciate the

financial support from friends that made this

possible, especially Hollywood Producer Abby

Mann & Youth Advocate Programs. We hope to be

able to publish Statevil/e Speaks quarterly, but

we will need additional funds to do so. If you would

like to contribute or have any . questions, please

contact:

Bill Ryan
2237 Sunnyside Ave Westchester, IL601.S
nanatoad @comcast.nE

EXHIBIT
A

. 708-531-9923

friends must endure to come into the prison to visit? Grandmothers being subjected to shameful experiences, mothers and fathers being interviewed like possible criminals for crimes they would never commit And our children being subjected to
asearches they should never endure, just to give us hug or kiss to reassure us that we are stilled loved. Unfortunately, many of them are being turned away because they couldn't answer the question of the day. .
They say, "Drugs are hiding among you, but we're not sure which of you, so all of you will suffer these humiliations until we find the drugs". Drug users and dealers, make no mistake about it, We, the Majority, know that you are sick and misguided, and doing all that you can to disguise it. You love the power of deceit, intoxication and trickery, but your message, "Smoke this and you'll feel better", is a Lie!
Continued on Page 3

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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 16 of 33 PageID #:50

''Surviving in Prison"
Survive .v - to remain alive or in existence; continue life or activity.
My composition may start off sounding rather ox-moronic: The stance that I've
taken on surviving in prison is in direct contradiction to the definition of the .word. I've been instructed to die daily to the deeds of my flesh. some may ask "How can this help you to survive?" Most of us, if not all, are in prison for a careless act of the flesh and
others have been wrongly convicted. But there's a certain responsibility that comes along with being a true "Man of God". You realize that you're also a "Child of God", and almost all children depend on their parents to provide supervision, food, health-care, provision. God has not only done these things and more, He's also provided a survival kit. The contents of this kit will help any man, woman or child survive in any kind ·of environment, including prison. the love of Christ constrains those that love & obey Him. This love prevents m<; and others from doing things such as taking our own lives or that of someone else's'. Understanding that God sees straight through our hyaline lives and
knows the inception of our being, we should allow Him to bring about the felicitie that
He desires for us. But many of us don't want help. We've deemed this place a "Living Hell" and would just like to get it over with. Not so with God, He has purposed and planned a life for us even before the worlds were formed. So, when we Were incognizant and knavery, God loved us enough to step down off of His throne in the person of Jesus Christ and went to the cross and bled for you and I. You ask me "How do I survive in prison?". I survive in Christ! Amen... There is no other true method of survival. Amen!
Respectfully Submitted Dominique Johnson
aka/ Duke Hvelic "The Preacher"
------------------------------------------------------------·------
Surviving a Day on the Plantation
Prison is a place that decays the possiblity of hope of mankind. Everyday is so much like the one before, that holidays and birthdays have no significance and are not appreciated as they should.
You have to first have a very strong spiritual nature and a strong relationship with the Creator if you want to survive a day here. Myself, I'm always praying for strength, tolerance, forgiveness and humility.Aiso, you must steer clear from the negative elements that will definitely turn what's already a bad situation, into a complete nightmare. Surround yourself w/ positive brothers, do positive things and keep a positive attitude.
A very important method that will help you to survive day to day is to always - always keep an optimistic outlook on your situation.
Because I see quite a few brothers who has given up hope and has lost their will to fight. You can look at them and see that their spirit is on Life-Support.
Loved ones may have left their side, their moral support may be gone and they may have exhausted all of their legal options of getting back to court or to go home, but I believe that if God is w/ you -the whole world can be against you and it wouldn't matter.
The fire should never become extinguished inside a man's souL There is a bigger fight that we should stay prepared for, and we must make peace w/ our Creator and ourselves.
Finally, we should not use this time as a rest period. We should take time out of every day to educate durselves by doing some form of studying to stimulate our minds.
. It's a lot of focus being put on lifting weights and developing body muscles, but the most important muscle, besides the heart, is the brain. And it is the most neglected.
Prior to our incarceration, we spent plenty of time in the free world wasting our minds and stagnating the development of our education and knowledge of the world, God and ourselves.
I am positive that doing these things will help you survive a day on the plantation we call prison. May God bless you, and keep you strong and safe.
By: Marvin Alexis ·

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 17 of 33 PageID #:51

From the Editor.

Continued from Page 1

· Mi3.ke no mistake about it, we see you for
what you are, you're our enemy, an enemy of self improvement, an enemy of rehabilitation, an enemy of human dignity. You're the enemy to all of us, who are fighting for freedom and justice for all, regardl.ess of creed, class or color. And to all of us working to clean up our lives. There is no question in my mind, you're t.he enemy to everything reasonable. Look around you. I'm sure you see the effects of drugs on the communities, and all those who fall under the lying spell of drugs. If we look hard enough, the effects are clear for all to see. Many of us are here because we got hooked by the lie of drugs, and
many more are on there way here.

_ Drugs are Dream Killers! How dare you cont1nu_e thi~ form oi genocide, by selling and u~ing th1s po1son 1n our m1st. .. And expect us to s1t Idly by like we don't care if all of us live or die. Well believe it or not, We Care! And you can't hide behind me. We can't give you all the blame, for
being i_gnorant, but you're very much responsible for the pam you cause, you're ·accountable and if you don't get your act .together, you'll pay a price you can't afford! We can't blame you for being sick, it's clear you're suffermg. And the despair is effecting all of us. We can't allow ourselves to forget our duty to the struggle for freedom, justice and equality for all, regardless of creed, class or color. If we're not part of the solution, then we're part of the problem...
We all are part of this massive problem, from the so called "Besf' and the so called "Worsf' of us. From the three branches of government and everyone in between. Because everyone knows that the only way to really fight, is to combat these problems with positive programs. Drug abuse programs, educational and self- improvement programs. And we, the majority, are calling upon everyone of you within these walls to stand up and ask for positive programs to combat these drug problems. Men, we must say to the young brothers around us, "Say No to Drugs and Her Lies"! Brothers - you can write and request these programs, the worse thing that can happen is thay
say "NO!". We must seek programs that encourage
each of us to teach the misguided. We must continue all of our efforts to bring our families back into our
lives. In th~ meantime, we the majority and men of
god, must hve by the code of accountability and responsibility, and we can't allow ourselves to be ashamed to help lead the misguided brothers out of the darkness. By giving them a different kind of peer - _pressure. The kind of peer-pressure that reeks With the scent of love and helps to fight off their insatiable urges. · . Our lives and livelihood demand that we stand up and help tum this problem around. Stand up, and take acti<:ms to prevent us from traveling down these predictable paths of self-destruction. History is watching us, what we do will effect us
today, but many more in the future. Once more, drugs are weapons of mass
destruction. We should never work to hurt each

other. Ther~ is no r~om for playing with drugs. They cause noth1ng but distress, torment and dissension.
I knew when I committed to writing this editorial, that there would surely be some negative feedback. But my prayer is th!'lt some of you men of God, ~ould stand with ·me, to wake up the populat~on .. We have the power, what are we going to do With it? We can be positive or ne11ative... 1 want to spell relief. How do you spell relief? E-D-UA-T-1-0-N! Well, brothers of Stateville let me hear you! Positive views and negatives' views are welcome... THIS IS OUR NEWSPAPER!
In closing, please allow me to apologize to all the mothers and fathers, sisters and brothers grandmothers and grandfathers who have suffered some humiliation because of the actions of a few. 1 apologize to all the children and friends who must suffer because of the misguided actions of a few.
Pray for us, we need help. I know where I stand, what about you, man in the dark?
Editor-in-Chief Renaldo Hudson
Inside this Brown Suit
This is my royal attire which cannot be stripped, stolen, or destroyed. Made from a unique Iabrie grown in the gardens ol the Lord. Relentless efforts ol duplication, trying to achieve these genuine features 8l complexion wino success, but it's what that's inside this Brown Suit that malc:es it so special. no matter how much duress. From within, stands a soul as ancient 8l mysterious as the pyramids 8l the land from where it derived, a natural Ioree unscaved, unconguerable, the true reflection ol light. It is said that you cannot kill what's not meant to die, which is the spirit ol God, the begining 8l the everlasting that lies in L Since the times of old, we've been pursued, subdued, but endured through unthinkable pursuits, it is that lire, that essence, that soul, you see today, that remains inside this Brown Suit.
Marvin Alexis

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 18 of 33 PageID #:52
Surviving a Day in Stateville

. Surviving a typical day here in Stateville C.C. consists of several things, but none so outstanding as the mor.ning announcements broadcasting through the house intercom announcing the early morning visits, the people going home that day, and of course the most important announcement of the day, "You are on Stand-by" for what ever is going on in the morning, you are on stand-by for whatever activity on that day in your house.
So the. process be.gins of getting out of bed with the sound of the intercom still buzzing· in your head about something because you really couldn't make it out, only · experience tells you it is stand"by·for something. You get your cell in compliance in which lam reminded of my younger days when I had to put away my toys before I could go out and play, then the enduring wait of when the line will be . ran as sometimes it is right then before they finish making the announcement and other times it is a few hours later while you waited.
You finally get to enjoy the recreation time, but it is always seemingly cut short, even though the yard will sit empty the rest of the day, not one extra minute is given as
off you are only giveh just so much time out of our cages regardless of time or space
availablity. Then it is to chow where talk of which patty will they serve today tops the list of canverstion towards the chow hall. After the hustle through the Jines and picking through the food, it is back to the cage where one has to wash up and think of how to pass the rest of the day away with such activities as legal work, writing letters to loved ones, watching T.V. if there is anything on, and if you get along well with your celly then you can play some cards, chess, or just shoot the breeze about the old days when we were not in cages.
Here comes that "Stand-by" tor chow announcement in the evening, so once again comes the cell compliance of putting everthing away just to pick through some simulated food, the return to the cage again only to pull it all back out again to finish . what you were doing before you were interrupted by the intercom and in my theory of how to survive a day in Stateville C.C., Be on stand-by.
By: Tom Odie

Castaway
My sorrow is cast upon an empty shore, on barren land, steeped in grief on the burning sand.
Anguished by the rocks,that clutters the mind, saps my strength and makes me blind.
My woe is an ocean filled with sin,drinkless water that makes me · cringe.
Regrets from time. of action and deeds, lost to the world by thrift or need.
Marooned by a ship, that was never meant to sail, piloted by a captain from a sordid tale.
Ship Reeked by vice and left alone, sunk by scandle, snared and now, forlorn.
Donald McDonald

------------------------------------------
A C-Number

As one of the brothers suffering under the

cruelty of the Indeterminate Sentence. I'm able to

share from a heart that has seen many day of Hell

on Earth. I can speak about the overwhelming

spirit to surrender, yet holding on for dear life by a

thin finger of sanity.

I can talk about losing love ones, and

watching friends walk out of prison to leave rre

behind to continue my suffering. With all my

reasons to give up. I have hope. !want to say to

all the C-Numbers. Hold on, the fight isn't over.

After 27 years, I'm not getting weak, I'm getting

stronger. Because I know Yah, is faithful. The race

isn't swift, but it's to those that endure to the end.

Brothers and sisters, keep the faith, we will win

this fight. C-Numbers, we must remain a light for

the young brothers who don't have hope.

Stand Soldiers! Tall men can't hide in short

grass. Get ready, Our Day is Coming.

. ·

Marion Shannon

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 19 of 33 PageID #:53

Essays Submitted by Stateville Inmates will be published infuture editions
-----------~Ev-er-y T-om-o-rro-w-----------

George Whittington ill

Society has labeled me prisoner N72861, but I am so much more. I am a father, I

am a son, I am good, I am bad . . .

·. ·

.

·

I am, I am ... I am Nat Turner's rage running rampant in Spotsylvania County,

Viiginia, I am Denmark Vessey's vengeance unchecked and precise. I am the sword of

Gabriel Prosser penetrating his master's skull, I am every drop of blood sweat and tears

the first and last slave ever shed . . .

·

I am Marcus Garvey's vision for his people, I am Malcolm's passion for truth, I

am Che Guevera's love for the people, I am Martin's unfulfilled dream floating in the.air here in 2003, I am George Jackson's unbrokenwillandspirit, I am Fred Hampton's · resistance, I am FrederickDouglass' persistence for abolition, I am James Byrd's last breath rising up from that cruel highway in Jasper, Texas ...

I am the pain Emmett Till endured in Money, Mississippi, I am the strange fruit

Billie Holiday sung about, I am every Bob Marley song, I am·the wrath Shaka Zulu

brought to the British, I am the truth wrapped in grafted European lies, I am Jesus's twin, feet ofbronze, hair of wool just like the Good Book says ... I am a scientist deep in my

soul, a master mathematician made up by design to seem to be a master manipulator ... I am a man short 40 acres and a mule and the tools to break me free, I am misery manifest manufactured by a mad scientist named Willie Lynch and his Uncle Sam. I am a

mmmtain of grief soon to be a volcano of retribution and redemption, I am every scream yesterday ever produced, I am justice denied and delayed ...

I am an untapped reservoir ofblack gold waiting to release riches to my people, But most of all I am every tomorrow until tomorrows cease to be and my redemption

song is sung . . .

What can I do to make myself better? I can be my harshest critic and accept my

shortcomings and faults and make srire an effort is made each day to improve upon my shortcomings and faults. I can strive towards love and charity for my brother man,

accepting him and his faults.

.. . · ·

.

I can immerse myself in truth and strive for justice while standing fum amongst

this world and all its lies . . .

·

·· . ·.

There are so many things I could do to make a better me, QtJt the most important
thing I can do to better me is to know and acknowledge God each day through prayer, studying his word and practiciri.g his word at every opportunity, and believing ·

wholeheartedly in him and the hereafter, because the life I now know will surely one day end and then there is only God and eternal paradise or hell and eternal damnation.

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 20 of 33 PageID #:54
..
Essays Submitted by Stateville Inmates will be published in future editions
Silent and Afraid
Shondell Walker
Sitting here silently and afraid, afraid to finally reveal to the world who I am. But since given the opportunity to explain to the world who I am, I am more anxious to reveal who I am.
After bearing the brunt of a broken home. and after enduring so much despair, and after enduring countless years in prison, the man whom 1 became to be is far from the man that I ever thought I would know. I am compassionate, humble.. thoughtful, somewhat brave, and apathetic to no one. Mistakes have plaged me throughout my childhood, and despair has befriended me for years. My struggles are sometimes cantankerous, but managable. As a child I had no guidance, as an adult in prison I am self taught. through fear. self hate, ~d determination. For years fellow friends looked down upon me as a nonetity. But I am somebody, maybe not infallible, but an individual who has been deemed a villan by society. For my mishaps I blame me, for my misery I blame me. For abandoning a child before she could leave the womb and grow up with a father who's love for my child would have never ceased. For not knowing my child and never ever seeing her to this day, while tears roll down my eyes because of it, I blame me.
Being looked upon as mere filth has only made me stronger, being deemed unworthy has only progressed my. growth, and I shall continue to strtve for ways to aggrandize my life, since it has been so full of strife.
Ambiguous and rather obfuscated, I honestly feel as though 1 can do more to improve my productivity and creativity by seeting goals and having · morals and principles, and by assisting other's who desperately are in need of urgent help. Being a brother to everyone I enconter, at the same time bein amicable, while unveiling my hospit~ty. I begin this odessy by loving myself, then I will love others. And by abating the more diminutive things in life and making important things in my life a priority, such as family, God human entity's, my career, and giving my all to all of those in need of it. I seek not money for this essay. I seek just to enlighten people on who I am and what I've become. I look back in retrospect of what I once was and whom I became to be, and pleased with the results of today as opposed to the times of antiquity. I leave those time's behind m:e as l move on continuously in search of self.
-----------------------------

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 21 of 33 PageID #:55

"Lifers"
IN HOPE OF A BRIGHfER FUTURE FOR THE LIFERS IN ILLINOIS' PRISONS

In representation of the lifers in Illinois' prisons, we would like to

show_ our appreciation for giving us this opportunity and for your

unwaivering support.

We, the lifers. are launching a campaign to educate the public of the

gross nature of sentencing men and women to life without the

possibility of parole, and to join other countries and organizations around

the world that oppose the inhumanity of this sentence and the death penalty

because all humans have redeeming values.

Lifers need grassroot support for abolition of life without the

possibility of parole, because all sentences must reflect society's efforts and

interest in rehabilitating its citizens. This could be accomplished by

incorporating more humane sentences like, 20 to life, 25 to life. 30 to life,

etc., etc., where the minimum would have to be served before considered

for parole.

Lifers need the public to realize that the moral intergrity of our

communties calls for mercy for men and women -who have done 20 or more

years to be considered and afforded a chance at being useful and productive

members of society.

·

·

Lifers need to send the message of remorse and healing, and emerge

from the pre-assumed symptom of calllousness to the forefront of education,

integrity and communication in an effort to help diminish the false

perception that we are all irretrievable cold blooded menaces - who lack the

propensity to be remorseful or unredeemable or effected by our crimes

against victims whose families remain and is more or less surviving in wait

for what they (wrongfully) believe is closure.

Lifers need to make valid contributions to the healing process upon

wounds and scars of the people effected by our past actions thru programs

committed to lifers taking responsibility, and living under a concept of true

accountability to the public, victims, survivors and ourselves.

Lifers need to encourage friends, families and supporters to attend .

future meetings to discuss strategies and to form committees to start

reaching out to other people, groups and organizations around the world to

petition and lobby Legislature Committees for programs to rehabilitate lifers,

repealing the sentence of life without the possibility of parole to retum lifers

to useful and meaningful citizenship, and to petition the Govemor for

Executive Clemency.

Lifers need to extend our collective ideas, thoghts and concems, and

start spreading our message on the inside and outside to maximize our

chances of achieving total success of having this inhumane sentence

repealed and eradicated.

NOW is the time to come together in one voice to push our agenda

forward. We need everyone that supports our efforts and agenda to write,

fax, e-mail and/or call upon Judges, Legislators, Community Leaders and the

Govemor to make sentencing laws more humane.

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 22 of 33 PageID #:56
PROGRAM PROPOSAL
Thought Restructuring Program is a concept based upon rooting out and eliminating patterns of thought that contribute to-counter-productive behavior. As of now, ILDOC does not have or provide in any sense, programming that targets, specifically, restructuring patterns of thinking. That could ultimately lead to ill-decision making and reacting negatively in everyday situations.
There can be no debate that every human action, begans with a thought. Therefore, it is ou·r thoughts that truly define who we are and what we are to become. so·,. pli>sitive:.and·-:const.ructive pjlths wibll only lead to positive and productive lives. Now, if only given a structure of abnormalcy, the end result is self explanatory--poor social skills, miseducation and all around foolishness. And prime candidates for recidivism.
To counter-act this abnormalqy. It is proposed that a STRUCTURED ENVIRONMENT be instituted whereas a. steady flow of positive and productive info.rmation is instilled. In order for this structured environment to exist, all levels of mental IDLENESS, mis-INFORMATION and IGNORANCE must be abolished. There should be a separation of those who are willing to become better and those who wish to continue deterioating into nothingness.
The approach to this new program must be steadfast. As the main objective-is to break down the walls of negative thinking and REBUILD them with stronger walls of positive and productive thoughts and behavior.

·---

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 23 of 33 PageID #:57

Participants in this program should incl educational and program legitamacy. A religio spiritual strength and guidance. And LIFE~'S sharing their life experiences, mistakes and

ude a teacher for us counselor for for the purpose of triumphs. And to

help weed out negative elements or thos'e who may cause a

disruption to the program. There should also be guest speakers.

(pending security approval). Who political and educational fields.
that would help contribute to the

have been sucessful in business And any other positive source'
growth of this program.

,

Given the oppurtunity, this is benefit from. Individually and as a

a program that community.

many

can

PROPOSAL PREPARED AND PRESENTED BY: ALDWIN MC NEAL

. '

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 24 of 33 PageID #:58

11ll1Sf)N l~l~l~l~(j'I'S!

-- --- The -effects that priSon has had on my life are
immeasureable by the human mind. Yet, I'll try to expose this insanity imposed upon my soul, by the foolishness of my youth. I dare to speak from wHhin this belly of the beast. Which continual to feast on my defeat. Its clear to me, prison has had a negative effect on hatefulness -& hazardous. ignorance that runs rapidly within these walls. And the effect of these things had me insane to the reaiHy of my responsibility to the human family,
- The negative effect that prison had on me was filter through the extreme hostilities of the dying code of the convict. Which only produced more elements of negativity. We are daily bombarded wHh negative images of oursellves & surrounded by men whom spirits are broken by the system. Men whom voices go unheard. Because they no longer know the language of the beast. Kill o~ be killed mentality.
We are controlled_ by offficers that are irritated over the idea that you want to change your life. We must keep in _mind it's your beastly behavior that keeps them employable. So they will show disgust over the concept of remorse. Yet we must continue to push forward. The reality of prison life is simple & not very complicated, prison gives life to foolishness & senseless concepts. It frowns on any concepts of reha- bilitation. And smiles on recidivism. The prison clearly has had ifs effects on me. The effects of prison are plain to see, dead men walking around wHh dreams to be free. This place is full of dead bodies that are yet to lay in the grave. They daily pipe in concepts of hopelessness & dispelling the concepts of togetherness altogether.
Yes, prison has equally had a positive effect on me. In the midst of all this negativity, there is also a beam of positivity that I must equally confess. In the midst of all my mental anguish, I was able to reach beyond the negativity and find hope. Hope that, if I took the time to educate myself, I could help in returning the voice to the voiceless men & women wHhin the so-called justice system. I co~ld speak to the lie, that (we) I was forever the property of the monster called ignorance. With education came freedom from the lies of the keepers of the gate. The positive things that prison did for me was give me the time to become stimulated with hope again. I became stimulated with knowledge of self and others. I was open to the reality that justice must be for all regardless of creed class or color.

The positive thing that came from prison was the lime to wake up to who I am, and to learn what my purpose in life should be. I learned that I couldn't allow myself to become stagnate by the negative feedback from other who couldn't see. the vision that I felt GOD had placed in me. So many of us don't believe (we) can be or do any better than life in prison. I have learned that the only thing that can keep you suppresSed is your unwillingness to fight for your vision. I have become inspired by the idea of doing better each day, one step at a time. Not running ahead of my ability, at the sametime not allowing anyone to place limitations on me.
The positive effect prison has had on me into the closet for introspection & accepting responsibility for my actions. The positive effect prison has had on me was, I learned to take off the mask. And start keeping it real with myself. This place can easily inspire anger & violence. Yet even in this world of violence over reason, you can still lind peace & purpose. Yes, the positive effect prison has had on me are many. I choose today love over hate. Today I realize this is a slaveship headed toward keeping us for life. But we can become free from her belly. Yes, prison has given me the time to wake up to the foolish boy I was 20 years ago, when I couldn't appreciate my life or yours! The positive effect prison has had on me is that I became a man of courage. Willing to stand up for right regardless of the personal cost to myself.
If prison has had a positive effect on me, it's my willingness to speak with a voice of remorse for the sins of my youth. Today I'm alive, the question is no longer mine. Has prison had a positive effect on me? The question is now yours!
And there is no question in my mind, if I could start ; my life over, 99.9 of my life I would live differemtly. From I being more involved in the community to taking a more active roll with my family. I wouldn't allow greed & selfishness to rule my life. Jealousy & envy wouldn't be friends of mine anymore. Yet as I speak, I'm still within the belly of the beast, and she is till trying to legally feast on my foolish defeat, because my people are still scared to speak.
Renaldo Hudson
------------------~--~-------------------

. .

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 25 of 33 PageID #:59

--~--~---------7-----------------------------------------

Self Improvement Activities for Inmates

The adage,"Idle hands/minds are the devil's workshop," is doubly true of those who are already involved or succumbed to the criminal mind set. When human beings are not engaged in the pursuit of positive goals, the void will be filled by negative, destructive and anti-social endeavors.

Even if correction officials have forsaken rehabilitation in favor of punishment, it is still practical and pragmatic to promote, facilitate and encourage behavioral/attitudinal change in the prison population. Why? For whose benefit?

*From a security perspective an inmate who is positive, polite, respectful and non-violent
staff contributes significantly to the safety/well-being of both prison and intnates.
*Recidivism in IDOC is astronomically high, thus creating a financial and logistical burden for prisons and tax payers. Shouldn't we at least explore other methods that might be conducive to a measurable decrease in crime and the prison population? *The IDOC and Illinois in general are in severe financial straits. Now imagine we created a program that trained the inmates in computer repair/ assembly or some other product. Then a contract is negotiated with the company to manufacture a certain number of products:. Inmate
would be paid a salary but this would be less than an employee on the outside. A certain percent
· ofthe profits could be designated to offset costs of inmate health care, education, clothing,.food, and recreational activities. There is nothing like giving a person a chance to earn a clean living, especially those who most often have never worked a legal job in their lives. This would instill a ·. sense of responsibility, accomplishment and self-worth. It would also prepare those of us destined for eventual release to be productive when we return home instead of being a blight or scourge.
*This proposal is not about being pro-inmate or pro-criminal. I am not pro-criminal as I desire to · see the criminal mind-set purged from myself and others. This is about repairing broken, mentally and emotionally, mis-shaped human beings.who because oftheir deficiencies victimize. their fellow human beings.

CRITERIA FOR PARTICIPATION

We are realistic enough to recognize that change can only be ac.hieved when an individual is determined to do and be better. Therefore only those who sincerely desire to improve and alter their conditions will be accepted. We are about the business of ameliorating the dire conditions of those deemed unfit toparticipate in "normal" society. Criteria for participation are:

*Convict must be at least B (but afterwards must maintain a consistent A grade statns) *Absolutely no gang members! A convict must renounce all affiliation with gang and gang activities. This will not be a conduit for gang activity or negatively of any kind! *Participants must observe cleanliness of person, speech and mannerisms. *Courtesy and civilized behavior towards fellow inmates, correctional officers is a must.\ *Observance of !DOC rules is mandatory. Bro. William X
------------------------------------------------------·

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 26 of 33 PageID #:60

Daddy's Sorry
Sh~ pressed her Uttle hand agalnst the glass, reaching ·for the one who was always called dad, daddy where'd you .go? And as he turned to walk away. remember:b:lg things he'd never get to say, daddy where'd you go? Icy fingers gripped his heart, as the · love of Ufe drifted apart, gone by mistake, wrong step, ignorance or deception, where'd you go? A man destroyed, lost of h-ope, dessertl;d by time, youth, family and possesions, daddy where'd you go? ·Now older and turning gray, only thoughts of olden day, searching for a chance to make it right, daddy where'd you go?

Knees worn from prayer and desperation, hollowed eyes of lost dreams, ashamed by the air he breathes, daddy where'd you go?
Haunted by Ufe and a love never known, never qUite seeing a place called home, daddy where'd you go?
A first step, a first word, wetting the bed, running on the ice, playing in the sand,· daddy where'd you go?
Was a bad choice, a crumbled dream, not Ustening to mother, too many bad things, lost in prison, sentenced to Ufe, dad where'd you go?
Haunted by a voice, haunted by dreams, haunted by Ufe, haunted by time, haunted by strife, haunted by mother, aging and old, left in the world, who's heart is cold, three strikes your out, and daddy, where'd you go?
Donald McDonald

ENCOURAGEMENT IN 'I'HE WILDERNESS

Lgfauomiodkialinyng,cewb, aecarknedothmveeorrset·mwoy af lsiafnlelo,,thwNinOhgenLObVIuEth! apdaIinnco,omhsooerprfeor,owmnoaanvddishiisuofruntn,. cntioonal.

I remember as a child, sexually molested by a other kids, because I love and care for me.

hMmaIydawhnaaesIalrebdtaeirdwantnaeis'nntgbbkrondyokiwmseyna. ,baIiallcwniotdayhs,Iollaafiucnegdlhmtenodostohafeaatrs,thhbayaemnrdet

o

Bphgflriiiuuecfvtrkeeeteons.dnfrHmeionuemipds.·maytmAnyha,ynmehdpIeebmaarrisroaosttsnk,.tPeainoIannnfshdtetoaaosvtsrloJeldei,BnashiyuoIlmsplmhyeCAay, vlhrivfetfrrizieisaseti,.tno-,fdnaanmsthd,ayn-eLhdIrOeRgcatDhaulenaiddatnhadntGohOcneDseeaspthvthaaliyoaisnrtps,saGuwayOtnD,hdoinhI'amsm.y

WbwwalthhoeoersntkshIeayidsloomuvmpiteyorh,aiilncnitltfrke,uecsoinwtraliayfltnehodoeuhnlrrimettlhhsi.fpeaeet Sn.caontmo. bmeYoI do•- ylfforioJleokenvsduuepsss.

to him, and GOD has let me encourage you,
and cares for you. Then, Christ, and watch GOD

By: Brother Michael Wyatt

" "

• •

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 27 of 33 PageID #:61

With the night, Falls my inspiration,
Like fog on a morning shore, Pours messages to heart and mind,_ .
Then I am great! As the stars smile down on me,
And the moon shines with aspirations, While mankind's dreams cheer me on!
I have saved the world, Eradicated pain with my ideas,

But soon dawn calls me, Seeping through my window,
Noble thoughts flee! Reality lets me down,
· ,Ah but tomorrow's dusk teawakens, I will be again,
Straddling the shadows of dreams, As the darkness falls and the dreamers sleep.
Donald McDonald

How to Survive a Day in Prison
First, you must pray to the Creator for guidance and strength. Then take a long look in the . mirror, all you need to survive is looking back at you.Think about that for a moment br two. Now, let me break it down to you. You have (2) eyes, (2) ears, (I) mouth and yourself. I'm from the ol'school, and the first time I came to prison at the age of 18, it was wild. A older guy I knew from the hood (P. Slim) told me the only way I would get out alive, and with my man-hood is if I did page 4. I had no idea what page 4 was, but I knew P. Slim was a stand-up guy. So I kept my hard-core mask on my face and acted like I knew what it was. Page 4 (Do Your Own Time), this was in 1976. Everyday someone was getting piped (hit in the head with a iron pipe) .or shanked (stabbed with a homemade knife) the C/O's (Correction Officers) didn't want to come on the gallery because they was getting hit everyday. You saw it... (2) eyes, but you didn't speak about it (1) mouth, and you got out of the way before the tower or cat-walk c/o started to shooting. (It a 12 gage shot-gun with double-odd buck shot, and a mini-14 high-powered rifle that shoots .223). You could be in your cell, the yard, or chow hall and get shot if you are around a fight. So, you are always on the look out (2) eyes, if you are asleep or eating arid you hear the pump-action "click-click" (2) ·ears, you look up, to see what is going down ready to take cover. You must also be a good judge of people, you could be in the cell with a person who has a mental problem, so you must listen to how they talk, and watch how they act. You must be a person who can think, adapt, adjust and improvise. You must look, and hear twice .as much as you speak. Never give up hope. Mind your own business. Pray that God keep you in your right mind. And "think and do, not do and then think". Before you speak, say it to yourself, if it don't sound right to you don't say it out loud. In other words, do Page 4.
By: Vicent Galloway

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 28 of 33 PageID #:62

"The Production of a
Prisoner in 8 Easy Steps''
(Patend Pending}
The 1st Step is to select the seeds that produce the Best Prisoners, Black and Brown . seeds are ideal, but White ones will due in a pinch. . . .
The 2nd Step is to soak the seeds in poverty until they are soft and suple to the touch. (This process takes approximately 9 months).
The 3rd Step is to find fertile ground in which to plant the seeds, any Ghetto and or Barrio near you will do.
The 4th Step is to Water the Seeds. you water them with stereotypes,. misinformation and a sense of self loathing. And then, when they poke their heads above the ground seeking the sun as it rises in the East, you block the light in the East and they will turn to the West in a desperate quest for survival. .
The 5th Step is to further disrupt the growth process by allowing a select few to reach "Seeming Success" while keeping the rest "Poor and wanting more". At this point in production, you can count on the resi<;lue of Institutionalized Racisim to rise and bring with it the optimum conditions for Step 6.

*Step 6 is to maintain a media that massages the mind of the newly produced "Manchild" with, misogynistic music .and maintains every manufactured stereotype associated with the Black and Brown male. This step p·laces the Black and Brown male in Societies crosshairs, making it fair to persecute and persecute them at anytime, in short they become the ultimate scapegoat!
• Step 7 is to advertise the Black and Brown male. Advertise them on the Nightly News, Ricki Lake, Jerry Springer, etc., etc. Being sure to Highlight All Their Shortcomings, Ignorance and Violent Behavior. Then you position Police, Prosecutors and Politicians to Pontificate Publicly on how they can save Society from these "Satan Spawns".... At this point in production, you are on a roll .and in control of Prisoner Production, which leads to Step 8.
Step 8 is Maintenance, Maintenance, Maintenance.. You Must At All Cost Maintain the Status Quo established in steps 1 thru 6, those steps provide and insure that there will be plenty of "Useful" Black and Brown males to maintain the Justice "System", to maintain the Political "System", to maintain the Judicial "System" and to maintain the "System" of Economic and Educational Exclusion that ultimately creates and perpetuates a continuous Bumper Crop of Black and Brown males, that are destined, due to this design, to be perfectly produced prisoners . . . .
P.S. We the United Prisoner Producers Local #666, would like to send shout out to Willie !,.ynch, Jim Crow and Uncle Sammy. Without you, none of this would be possible.
• Written by George A. Whittington Ill aka/ The· Comendable Soilder
Broadcasting live from the Belly of the Beast
(copyright 2004}

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Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 29 of 33 PageID #:63

Exercise
and Back Pain

Back pain can be caused by oVere~ertion. such as lifting too much, or by nonexenion, such

the back muscles to stabilize the spine so t!'.at the spine is kept in . a neutral position. So, if your

as sitting too much. But no matter what abdominal muscles are weak,

the cause, back pain buns! The keys to you may overcompensate with

preventing back pain are good posture your back muscles when lifting or

and regular exercise.

playing spons, leading to the danger of

a back sprain.

POOR POSTURE HURTS
It's hard to believe that chronic back · pain can result from something as mundane as poor posture, but it's true. Poor posture puts a strain on muscles and ligaments and leads to back pain. Good posture keeps the body in proper alignment, relieving muscles of unnecessary stress and smlin.
Try this simple alignment test. When

Other muscle groups that affect a healthy and pain-free back are side (also called lateral or oblique) muscles and the front of your thighs, known as the quadriceps muscles. Making these leg muscles do most of the work when lifting takes a big,.-and possibly dangerous-burden off your back. Even strong arms mean less work for your back.

standing, you're in alignment if you

can drop an imaginary straight line from your ears, through your shoulders,· hips, and ankles. When sitting, your ears, shoulders and hips should be in line.
Good posture keeps the three natural curves of your spine in balance, and allows your back muscles to support your spine without additional strain.

EXERCISES YOUR BACK WILL LOVE
Partial sit-ups-where just your head and shoulders come off the fl®rstrengthen the abdominal muscles, and they slightly stretch the back muscles.
and This aids in flexibility and benefits .
both the front back of your trunk at
once.

WHICH MUSCLES NEED TO BE STRONG?
Some people have the mistaken belief that only the muscles of the back need

Aerobic exercises, such as walking, cycling, cross-country skiing, stairclimbing, and step training, are great for your quadriceps and other muscles of the lower body. And theyhave car-

If you want to reduce your risk of
back pain, practice exercises that improve the flexibility, streugth, and . endurance of your abdomiJial, back,

to be strong to prevent back pain. Acrually, having strong muscles in the lower back isn't as important as having

diovascular benefits.

and leg muscles. These exercises cail

Remember, if you are currently suf- be done at home without weigbls. Get

fering from any type of back pain, con- . in the habit ofexercising daily, and

well-conditioned abdominal muscles. suit your doctor before beginning an

you'II be rewarded with a life free of

The abdominal muscles work with exercise program.

back pain.

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 30 of 33 PageID #:64

THE LAW PAGE

I welcane you to the Law Page, wheie our

mission is to pass along updated legal info

and to educate and answer your basic or roost

troubling legal questions. ·

.

We understand that sane of you are roore

I've used her article many times on ··.. Dea_th Row and in the Cook County Jail to ··· · _i.il5pire other brothers who~ totally ·
ignorant to the law, but who wanted to learn, into koowing arrl believing they

legal minded than others, so we will do our
best to gear the Law Page to equally benefit
everyone, arrl in tenns for the average person can understand.
There was once upon a time not so long ago, when the law was geared towards safe ·guarding
the Rights of the accused arrl prisoners, and when prisoners were able to help themselves by
studying Criminal Law, Criminal Justice and Paralegalisrn - then use their knowledge to help
other prisoners, but those days are long gone. Because of those facts and an increasing

can. Therefore, we would like for all the
brothers , who want. assistance arrl/or who waf\t to learn by participating in our
future network, to send your name, number and location to the Law Page.
Until we are able to get the network
established, anyone who have a legal
question can subnit it to the Law Page for an answer. And anyone who have
pertinent or updated legal infcmation
can Sll:mit it to the Law Page for possible

rise in the prison population, we now have .far to many brothers wrongfully trapped behind these walls with oo knc:Mledge or limited knowledge about the law, who have outrageous sentences, arld who are screaming out for assistance
but have oo place to turn. Therefore, in the spirit of the old proverbs,
"each one, teach one" because "giving a man a fish can feed him for a day, but teaching a man
how to fish can feed him for a life time," it is
our hope of fonning a Legal Network in =njunction with the Law Page, to pool our knowledge and resources together where it can benefit all of us - especially the brothers who are screaming for assistance and knowledge;
We would like !or all legal minded brothers,
who are willing to participate in our future net-
work, who are willing to either help teach arrl/or assist other brothers, to send your name, number and location to the Law Page.
I came across a very inspiring article in .the Chicago Daily Law Bulletin, written by Margaret
Basch, Dec. 16, 1998, Where she touched on the
SUbject of "Teaching Lawr Making Lawyers." She

publishing. Due to a large number of highly public-
ized wrongful convictions, the Criminal Justice system has cane Under a tremendous amount of scrutiny and criticism. And in response to exposure and pressure organized bY prisoners (families and friendS), activists, attorneys, arrl so many groups and organizations, politicians are now
seemingly ccmnitted to refonning the system
to right sane of the wrongs that were the root cause of so many wrongful =nvictions.
But until they are carmitted to rightfully replace the educational programs back
behind these walls, it is our job to help
arrl work with each other.
We must not allow anything or anyone to
stagnant our growth and progress, and esp.
not the growth and progress of our younger
brothers that's in our mist. Remember, ignorantia legis neminem ex-
cusat I ignorance of the law is no excuse,
and the life you help, just very well may
be your own.

wrote, "I have a vague void in my life fran ages

19 to 22 - my law school years, during which I
learned two important things. I learfled how .to

Send all questions, conments, suggestions·
· and artciles to the Law Page - and please

use a library and how to read a case. These two -be·as concise as possible.
skills ·Could be taught in high school civics in

two weeks. . The next three years (of law school)
I read hundreds of cases." She went on to say that law school didn't make her a lawyer, and
that learning how to draft !lOtions, affidavits,
court orders and petitions fran other lawyers

stateville Speaks
C/0 The Law Page stanley J. Howard
Legal O:U:zesp:xxlent

is what made her a lawyer.

Stateville Speaks,
Wishes to thank C.I. Print for it's help with this issue.

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 31 of 33 PageID #:65

Kenneth Briley, Warden P.O. 112 Joliet, II 60434

FRIENDS OF STATEVILLE SPEAK 223 7 Sunnyside Westchester, 1160154

Dear Warden Briley

I am attaching the first edition of the newspaper, Stateville Speaks, that was written by inmates at Stateville prison. This newspaper was written by the inmates to provide a vehicle for selfexpression and to promote a positive attitude and safe environment in Stateville. As you see the newspaper contains an editorial against illicit drug usage in Stateville, poems, essays, article:s promoting positive programs, a satirical article, and legal and health pieces .Certainly writing positive artiCles for a newspaper is much more productive than a person sitting in his cell all day doing nothing. It should be noted the inmates at Stateville are very enthusiastic about Statevile Speaks and believe it will have a positive impact upon the prison population.
This edition of State'ville Speaks was made possible by donations by many individuals who have been organized in a group named Friends of Stateville Speaks of which I am the chair. It is our goal to support Stateville Speaks and continue to raise money for future editions.

Last week when visiting an inmate I attempted to leave a copy of Stateville Speaks but was told by staffthat it may not meet the criteria for a newspaper and newspaper was returned to me. We believe it meets the criteria for a newspaper and hope you will also so the men at Stateville will be able to read what they have written. An immediate response would be appreciated as copies are in process of being mailed to inmates and others supporters.

Thank you very much for your consideration and if additional information is needed please contact me at 708.531.9923.

Sincerely,
!fir¢

cc: Governor Rod Blagojevich Director Roger Walker, Jr. Sergio Molano, Chiefof Operations Senator Barrack Obama Representative Art Turner Julie Curry, Governor's Office Barbara Hurt, District I Administrator Robert Catchings, Assistant Warden, Stateville Friends of Stateville Speaks

EXHIBIT
B

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 32 of 33 PageID #:66

r····-·>

STATEVILLE

.Correctional Center

We retumsd the below listed mall for the following reason, see Item checked.
?-Jia-o~ Resident's Name: U) ;/HeJ.f5 Numbar.,A) 12 799 Date:

f2 '/ [1}, Sender's Name:

AA)

2 2 Addresa

3 7 :f{I),/A) '/5//)(3

I I

i
a/&57 eHr=src( 1 ;t_. Cash, personal checke, stamped envelopes, and/or postage~

( )

needs- Sendrilcney ordmsorcashier's r:lieck.
Money order Is not fllOII8IIy IU1ed ln. Money order I& In blank and I or

piotectoramount. Money order has_btien a!terild.,. tampered WftiL

C I

Stallonaty, paper, unused greeting Cimls,travelllckels, and Ior road maps.

Decals. posters, contracts, eplrals, pens and I or peoclls.

Hard plastic canls, plclure& with backings. nude pictures, negatives, slides and 1or

pictures ave< 8" X 10" In size.

.

( )

Dried ftowers, weeds, sell adhesive atlckers, cologne, perlume, napldna and 1or

jewelry.

.

( ) . Cloth. ribbon. yam. clothing, endI or tood l!ems.

I l

Rosidenls are not pel11!ftted to correspond with reSklonls of penallnsUMtons

without the approval of both Ws.n!ens.

Residents are not pennllted to oonueporld ldiJ former residents of thfelnslltlltfon
wl1hout prior approval o!Ward81\ and PII!Ote Officer.

( )

No encicsed comrnunlcalion !rom resklents.ol olher lnstiMions.

~

Items being returned are forbidden by lnstilutlanal tegulatlons.

;<! O!h6r llA JJ4oitlmZ11 ED

tt4Tf:l2.tfj&

--ST-A-T-E-VI-L-LE-'Correctional Center

.''

We returned the below listed mall for the following reason, see ~em checked.

</ oy 12. Resl<lenfsNarne: !IEtiDf.t? <iOJJumbar: ); ) 73 5q Date: 3 ·2.?

k j ;1 J .Sender's Name: /,(/.

n..u.u.ress ;~(~ ':( 3 -.-~· :-),, tJNJ ; ' V "-·,· ','·;,,·....

/A/[~:T<'ii/''5..-E'" ,1/ .....

!- I J•• IC...,

-- ,

( I

(£10/jtf Cash, personal checks, stamped envelopes. andI or postage &tllfi1IS.

I

<' I

( )

needs- Sendmoneyorders orcashier's r:lieck.
Money order Is not fllOII8IIy fUled ln. Money order Is I~ blank and 1or

protector amount. MoneyorderhaSbeanafleredortamperiiOwlth.

( l

.Stationary, paper, unusedpreetlngcards, travelllckels, and/or road maps.

Oecafs. posters, contracts, spirals, pens and/ or pencils.

( l

Hard plastic cards, plcltlres wllh backings, nude pictures, negatives, slides and 1or

ptctu,. over 8" X 10" In s!ze.

( )

Dried ftowars, weeds, sell edheslve sUckers, cologne, perlume, napkins and I or

jewelry.

. ( ) . Cicth, ribbon. yam. clothing, and I or tood ilems.

I l

Rosidentsare not ponultt.ed to correspond with residents of penal klslitutlona

wlthoui the approval of both Wardens.

( )

Residents are not permitted to COITBSporld with former resld8flls ol1hlslnslltlltfon

wl1hout priof appmval of Ward81\ and Parole Officer.

( )

No encicsed communication from residents of other Institutions.

t)( Items being returned ore forbidden by lnstilutlanal regula!JonS.

'54 Olher //A J 4 i/ I!/ {)t? fl. P {";-

/vf /! TF '<)I/}),_

DCA 7876 (EFF. 5/95) IL 426.01538

m
n~ tD :::j

DCA 7876 (EFF. 5/95) IL 426.01538

Case: 1:04-cv-04635 Document #: 7 Filed: 09/15/04 Page 33 of 33 PageID #:67

Illinois
.Department of
·corrections

Rod R. Blagojevlch
Gavtmar
Ropr E. Walker Jr.
Dirwfot'

April 9, 2004

Mr. Bill Ryan
Cblilr
Friends ofStakville -.:.-_:-,:,-;';.. . J~t'de
n.. ··-\"-:crt~~. 60154

::~ Y..r. R)'en:

':~.<:~ve been Wik.ed to respond to your letter to the Govemor's Office regarding the leaving an
0,mmc DCWapllpCt IUStMcvillc: Corwctional ~r.

The agency's m.a.ior priorities at Stateville is the safe and sCcure operatiODS of managing the

Levell Dl!!xil!lum
inmates.

security

facility

thet ·

hollliCS

an

average

daily

population

of

about

2,700

:· i;>(l:;9 ~that your conc;c:m, have~ heard.

Sinl:cu:ely,
51
Sergio Molina Executive Assistant to the Di,rector

EXHIBIT

. . ,'

D

 
 Order Form (01/2005) Case: 1:04-cv-04635 Document #: 42 Filed: 09/01/05 Page 1 of 2 PageID #:204
United States District Court, Northern District of Illinois

Name of Assigned Judge or Magistrate Judge
CASE NUMBER
CASE TITLE

Ronald A. Guzman

Sitting Judge if Other than Assigned Judge

04 C 4635

DATE

9/1/2005

William Ryan vs. Roger Walker, et al.

DOCKET ENTRY TEXT:
For the reasons set forth in this Order, defendants’ Rule 12(b)(6) motion to dismiss [doc. no. 23] is denied.

Docketing to mail notices.

04C4635 William Ryan vs. Roger Walker, et al.

Courtroom Deputy Initials:

LC/LM

Page 1 of 2

Case: 1:04-cv-04635 Document #: 42 Filed: 09/01/05 Page 2 of 2 PageID #:205 On a Rule 12(b)(6) motion to dismiss, the Court accepts as true all well-pleaded factual allegations of the complaint, drawing all reasonable inferences in plaintiff’s favor. Forseth v. Vill. of Sussex, 199 F.3d 363, 368 (7th Cir. 2000). No claim will be dismissed unless “it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.” Hishon v. King & Spalding, 467 U.S. 69, 73 (1984). Plaintiff publishes a newspaper entitled Stateville Speaks, which is comprised of inmate-authored materials. (First Am. Compl. ¶¶ 21-27.) Defendants initially denied plaintiff permission to distribute the paper to Stat eville inmates, pursuant to a State regulation that permits prisons to ban publications that are detrimental to prison security. (Id. ¶¶ 29-37.) Ultimately, defendants allowed plaintiff to distribute the paper but only after certain articles were removed. (Id. ¶¶ 38-39.) Plaintiff claims that defendants’ actions, and the regulation underlying them, violate his First Amendment and Fourteenth Amendment rights and his rights under state law. Defendants say that the federal claims must be dismissed because: (1) plaintiff has no First Amendment right to distribute the speech of inmates to other inmates; and (2) even if he does, that right was notclearly established in 2004, the year in which the contested events occurred. Neither argument is persuasive. InNew York Times v. Sullivan, 376 U.S. 254 (1964), the Supreme Court held that publishers have a First Amendment right to publish the speech of others. Id. at 266. Moreover, in Thornburgh v. Abbott, 490 U.S. 401 (1989), the Court said that “there is no question that publishers who wish to communicate with those who, through subscription, willingly seek their point of view havea legitimate First Amendment interest in access to prisoners.” Id. at 408. Thus, since at least 1989, it has beenclearly established that the First Amendment protects plaintiff’s right both to publishthe speech of Stateville inmates and to distribute that publication to inmates who wish to receive it. Defendants’ motion to dismiss [doc. no. 23] is, therefore, denied.

04C4635 William Ryan vs. Roger Walker, et al.

Page 2 of 2

 
 Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 1 of 21 PageID #:115

IN THE UNITED STATES DISTRICT COURT :''~~.

NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

WILLIAM RYAN,

! ] '&!"r;, \y.';...,_ ,....... ;~)' - .,... ... ·o/\.

Plaintiff,

04 c 4635

v. ROGER E. WALKER, et al.,

JUDGE RONAI.j) !),._GUZMAN (·· '

Defendants.

NOTICE OF FILING
TO:
Andrew W. Lambertson Alison I. Abel Office of the Illinois Attorney General 100 West Randolph St. 13th Floor Chicago, Illinois 60601
Please take notice that on January 7, 2005, I filed the attached Plaintiff's AMENDED COMPLAINT with the Clerk of the United States District Court for the Northern District of Illinois.

LOEVY & LOEVY 312 North May Street Suite 100 Chicago, IL 60607 (312) 243-5900
CERTIFICATE OF SERVICE
I, Russell Ainsworth, an attorney, certify that on January 7, 2005, I sent by U.S. Mail a copy of the attached AMENDED COMPLAINT to the above-named counsel of record.

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 2 of 21 PageID #:116

IN THE UNITED STATES DISTRICT COURT ... · NORTHERN DISTRICT OF ILLINOIS, EASTERN fS'i\riSION

WILLIAM RYAN,

! ~

,. J
r j

! J

Plaintiff, ' " · . )' , .. 04 C 4635

v.

\-"1 ~of

)

ROGER E. WALKER, KENNETH R. BRILEY,) ""'SJUDGE RONALD A. GUZMAN

ROBERT CATCHINGS, SERGIO MOLINA, ) .,,, '':T

BARBARA HURT, ROBERT GRIFFIN,

)

JERRY BALDWIN, CINDY SHELLEY,

)

VERNETTE COVIN-RUSSELL, and TERRI )

ANDERSON,

)

)

Defendants.

)

JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT
NOW COMES Plaintiff, BILL RYAN, by his attorneys, UPTOWN PEOPLE'S LAW CENTER, LOEVY & LOEVY, and SONNENSCHEIN, NATH & ROSENTHAL LLP, and complaining of Defendants, ROGER E. WALKER, KENNETH R. BRILEY, ROBERT CATCHINGS, SERGIO MOLINA, BARBARA HURT, ROBERT GRIFFIN, JERRY BALDWIN, CINDY SHELLEY, VERNETTE COVINRUSSELL, and TERRI ANDERSON, states as follows:
Introduction 1. This action is brought pursuant to 42 U.S.C. Section 1983 to redress the deprivation under color of law of Plaintiff's rights as secured by the United States Constitution. 2. Specifically, this action is brought by a publisher who has been barred by Defendants from distributing a quarterly newspaper entitled Stateville Speaks inside Stateville Correctional Center ("Stateville") . 3. As discussed more fully below, Stateville Speaks is a compilation of essays, poems, and news items written by

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 3 of 21 PageID #:117
inmates of the prison. After the Defendants refused to publish the newspaper, Mr. Ryan raised private funds in order to cover all costs associated with printing and distributing the newspaper. For over six months, Defendants denied Mr. Ryan the right to mail his newspaper to prisoners within Stateville Correctional Center. Compounding this violation of his Constitutional rights, Defendants refused to provide Mr. Ryan with a reason for their denial or an opportunity to contest their arbitrary decision.
Jurisdiction and Venue 4. This Court has jurisdiction of the action pursuant
to 28 u.s.c. §§ 1331 and 1367.
5. Venue is proper under 28 U.S.C. § 1391(b). The events giving rise to the claims asserted herein occurred within this judicial district.
The Parties 6. Plaintiff, BILL RYAN, is a 69 year-old resident of Westchester, Illinois. Recently retired, Mr. Ryan has been a tireless advocate for children's welfare over his long career. For twenty years, Mr. Ryan worked as the director of child protective services for the Illinois Department of Children and Family Services. Most recently, Mr. Ryan served as the vicepresident of child welfare for the Jane Addams Hull House. 7. In recent years, Mr. Ryan has volunteered to visit and interact with inmates of the Illinois Department of
2

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 4 of 21 PageID #:118
Corrections (IDOC). He has become an advocate for prisoners and their need for constructive outlets while incarcerated.
8. Defendant ROGER E. WALKER, is the Director of the IDOC and is being sued in both his individual and official capacities. As Director, Defendant Walker oversees the IDOC's entire operations.
9. Defendant KENNETH R. BRILEY is the warden of Stateville Correctional Center and is being sued in both his individual and official capacities. As warden of Stateville, Defendant Briley is responsible for administering the operation of Stateville.
10. Defendant ROBERT CATCHINGS is the assistant warden for Stateville and is being sued in both his individual and official capacities.
11. Defendant SERGIO MOLINA is the Chief of Communications for the IDOC and is being sued in both his individual and official capacities. As Chief of Communications, Defendant Molina is the spokesperson for IDOC and is responsible for communications with the general public.
12. Defendant BARBARA HURT is the administrator for the Chicago District of the IDOC and is being sued in both her individual and official capacities. The Chicago District includes Stateville Correctional Center, located in Joliet, Illinois.
13. Defendant ROBERT GRIFFIN was the assistant warden for Stateville Correctional Center during the times that he acted
3

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 5 of 21 PageID #:119
as described below and is being sued in both his individual and official capacities.
14. Defendant JERRY BALDWIN is a member of Stateville Correctional Center's publication review committee and is being sued in both his individual and official capacities.
15. Defendant CINDY SHELLEY is a member of Stateville Correctional Center's publication review committee is being sued in both her individual and official capacities.
16. Defendant VERNETTE COVIN-RUSSELL, at all times relevant, is or was a member of Stateville Correctional Center's publication review committee is being sued in both her individual and official capacities.
17. Defendant TERRI ANDERSON is a member of IDOC's central publication review committee is being sued in both her individual and official capacities.
Statevi22e Speaks 18. In the Summer of 2003, at the behest of several inmates, Mr. Ryan sponsored an essay contest, soliciting entries from inmates housed in the IDOC. The inmates were asked to compose an essay on the topic, ~who am I? What can I do to be better?" 19. Over thirty-five inmates submitted essays for the contest. A panel of journalists was convened to judge the entries, including Eric Zorn, a columnist for the Chicago Tribune, Cornelia Grumman, an editorial writer for the Chicago Tribune, Jeff Flock, at the time the Chicago Bureau Chief for
4

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 6 of 21 PageID #:120
CNN, and Mary Mitchell, a columnist for the Chicago Sun-Times. 20. The contest was an overwhelming success. In fact,
the entries were so well-written and insightful that Mr. Ryan compiled the essays into a book entitled Lockdown Prison Heart published in the Summer of 2004. The authors of the essays have decided to donate any profits from the sales of the book to a fund for reconciliation between victims of violent crime and the perpetrators.
21. In the Fall of 2003, encouraged by the success of the essay contest, Mr. Ryan and one of the inmates housed in Stateville, Renaldo Hudson, discussed producing and publishing a newspaper for Stateville.
22. To that end, Mr. Ryan contacted and met with Defendant Hurt about publishing a newspaper within Stateville. Mr. Ryan was confident about gaining approval because Stateville published a similar newspaper approximately ten years ago.
23. After !DOC officials raised concerns about the cost of publishing the newspaper within Stateville, Mr. Ryan agreed to provide all of the necessary supplies and equipment. CNN agreed to donate computers for the inmates to use. Eric Zorn, Cornelia Grumman, and Robert Hess, formerly with CNN, agreed to train the prospective journalists.
24. In December 2003, Mr. Ryan spoke with Ian Oliver, then the Chief of Operations for IDOC, who informed Mr. Ryan that his proposal to publish a newspaper in Stateville, to be titled Stateville Speaks, had been approved.
5

-·

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 7 of 21 PageID #:121

25. In January 2004, Mr. Ryan attempted to contact Ian Oliver to discuss plans to publish the newspaper, but was informed that Oliver was no longer working for IDOC. Mr. Ryan was referred to Defendant Molina instead.
26. When Mr. Ryan contacted Defendant Molina, he was informed that the IDOC had reversed course and now would not allow a newspaper to be published within Stateville. Defendant Molina stated that publishing a newspaper within IDOC would require additional resources from the prison in order to guard the three inmates responsible for producing Stateville Speaks while they were outside their cells working on the newspaper.
Further Attempts to Pub1ish 27. Disappointed but undeterred by the IDOC's abrupt change in position, Mr. Ryan solicited donations from individuals to privately publish Stateville Speaks. By early March 2004 Mr. Ryan had printed and published the first run of Stateville Speaks outside the prison, consisting of some two hundred copies. For convenience, this issue of Stateville Speaks is referred to herein as "Stateville Speaks", as no other edition of this newspaper is relevant to this case. 28. The content of Stateville Speaks is as varied as the men who authored it. There are entries about the evils of illicit drug use (Exhibit A "From the Editor," pages 1 and 3); self-improvement and religion ("Every Tomorrow," page 5); sentencing reform ("Lifers," page 7); the advantages of rehabilitation through cognitive restructuring therapy ("Thought
6

.· Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 8 of 21 PageID #:122
Restructuring," pages 8-9); the importance of being productive while incarcerated ("Self Improvement Activities for Inmates," page 11); a poem about an inmate's sorrow for not being a part of his daughter's life ("Daddy's Sorry," page 12); a poem about remorse ("Castaway," page 4); religion ("Encouragement in the Wilderness," page 12); and social commentary on the injustice of racial discrimination and economic inequities ("The Production of a Prisoner in 8 Easy Steps," page 14), among others.
29. None of the articles contained in $tateville Speaks falls within any of IDOC's criteria for prohibited material. The articles are not obscene or sexually explicit; they are not written in code and do not facilitate communication between offenders; they do not describe, depict, or encourage activity that may lead to physical violence or group disruption; they do not advocate or encourage violence, hatred, or group disruption; they do not encourage or instruct in the commission of criminal activity; they do not include sexually explicit material; and they are not detrimental to security, good order, rehabilitation, or discipline and they neither facilitate criminal activity nor are they detrimental to mental health.
30. In March 2004, Mr. Ryan delivered a copy of Stateville Speaks to some of the individual Defendants and to the Governor of Illinois, along with a letter addressed to Defendant Briley informing him that Mr. Ryan would like to distribute the newspaper to Stateville inmates. The letter asked Defendant
7

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 9 of 21 PageID #:123
Briley to review the newspaper and to contact Mr. Ryan with any and all of his concerns. See Exhibit B (letter to Defendants).
31. After waiting two to three weeks without receiving a response from any of the Defendants, Mr. Ryan mailed copies of Stateville Speaks to five inmates in Stateville, with the intention of mailing copies to over 100 Stateville inmates.
!DOC's Rejection 32. After mailing the copies of Stateville Speaks to the inmates, Mr. Ryan engaged in several phone conversations with Defendant Hurt regarding whether IDOC would permit the newspapers to be distributed at Stateville. 33. On one occasion, Defendant Hurt told Mr. Ryan that an "executive committee" or some other such group was meeting and discussing the admissibility of Stateville Speaks. Defendant Hurt told Mr. Ryan that the committee had decided that Stateville Speaks would not be allowed into Stateville. On information and belief, Defendants Walker and Molina, as well as Defendant Hurt, participated in this meeting and the decision to ban Stateville Speaks. 34. On March 26, 2004, Mr. Ryan received the copies of Stateville Speaks he mailed to inmates along with rejection slips stating that the newspapers were "unauthorized material." See Exhibit C. 35. Furthermore, on April 9, 2004, Defendant Molina sent a letter to Mr. Ryan, stating in its entirety: I have been asked to respond to your letter to the Governor's Office regarding the leaving [sic] an inmate
8

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 10 of 21 PageID #:124
newspaper at Stateville Correctional Center. The agency's major priorities at Stateville is
[sic] the safe and secure operation of managing the Level 1 maximum security facility that houses an average daily population of about 2,700 inmates.
Please know that your concerns have been heard. See Exhibit D.
36. After receiving this letter, Mr. Ryan retained counsel to negotiate with Stateville regarding the distribution of Stateville Speaks. Following a meeting with counsel for the IDOC, Plaintiff's counsel received a letter dated May 7, 2004, stating that ~the edition of Stateville Speaks would need to be referred to the Publication Review Committee. A decision from the committee would determine whether or not the publication would be allowed."
37. In August 2004, five months after Mr. Ryan was first denied the right to circulate Stateville Speaks, Defendants Baldwin, Covin-Russell, and Shelley disapproved the publication because it contained material ~otherwise detrimental to security, good order, rehabilitation, or discipline or it might facilitate criminal activity or be detrimental to mental health."
38. This decision was affirmed by Defendant Griffin, acting at Defendant Briley's bequest.
39. On August 23, 2004, Stateville Speaks was forwarded to Defendant Terri Anderson, in her capacity as a member of the Illinois Department of Corrections Central Publication Review Committee.
40. Finally, in November 2004, Defendant Anderson 9

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 11 of 21 PageID #:125
completed her review of Stateville Speaks. She banned distribution of one of Stateville Speak's articles (entitled "The Production of a Prison in 8 Easy Stepsn) as well as a portion of another article ("How to Survive a Day in Prisonn). Anderson banned this content although it did not violate any of IDOC's criteria for prohibited material. Defendant Briley later approved this censorship.
41. Neither Stateville nor the IDOC has a method by which Mr. Ryan could appeal the IDOC's decision to prevent him from mailing Stateville Speaks to prisoners at Stateville or request a hearing on the issue.
Basis for Re1ief 42. All Americans, including prisoners, have a fundamental right not only to express themselves, but also to receive and consider the written expressions and opinions of others. Similarly, all Americans, including Mr. Ryan, have a fundamental right to communicate their opinions and ideas to others. Where that very basic human need entails no threat whatsoever to security or any other legitimate penological interest, it should not, and cannot, be suppressed at the callous whim of prison administrators for any length of time. The First Amendment to the United States constitution demands no less.
Count I - 42 U.S.C. § 1983 First Amendment Violation - As App1ied 43. Each of the Paragraphs in this Complaint is incorporated as if restated fully herein.
10

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 12 of 21 PageID #:126
44. The First Amendment to the United States Constitution guarantees Plaintiff's right to speak and publish without unreasonable government interference.
45. As stated more fully in the preceding paragraphs, Plaintiff engaged in speech protected by the First Amendment. Defendants Briley, Catchings, Griffin, Baldwin, Covin-Russell, and Shelley prohibited that speech unreasonably and without justification by preventing him from circulating Stateville Speaks within Stateville for nine months.
46. As the only meaningful method for Mr. Ryan to communicate with over 100 prisoners at Stateville is by mail, Mr. Ryan had no meaningful alternative to communicate with prisoners at Stateville so long as defendants were able to block the distribution of Stateville Speaks. Moreover, he has no other means of ever distributing the portions of the publication banned by Defendant Anderson.
47. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff's constitutional rights.
48. As a result of the Defendants' unconstitutional conduct, Plaintiff has suffered damages.
WHEREFORE, Plaintiff, WILLIAM RYAN, respectfully requests that this Court enter judgment in his favor and against Defendants KENNETH R. BRILEY, ROBERT CATCHINGS, ROBERT GRIFFIN, JERRY BALDWIN, VERNETTE COVIN-RUSSELL, and CINDY SHELLEY in their individual capacities awarding compensatory damages and
11

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 13 of 21 PageID #:127
attorneys' fees, along with punitive damages, and any other relief this Court deems just and appropriate.
COUNT I I -- 42 U.S.C. § 1983 Unconsitutionally Overly Broad 49. Each of the Paragraphs in this Complaint is incorporated as if restated fully herein. 50. The First Amendment to the United States Constitution guarantees the right to speak and publish without unreasonable government interference. 51. The administrative code promulgated by the IDOC is unconstitutionally oppressive to free speech on its face, in that it is not content neutral, it is not narrowly tailored to serve a governmental interest, and it does not allow for ample alternative channels for expression. 52. Specifically, the administrative code includes a "catch all" provision, as follows: A publication that may be rejected includes, but is not limited to, a publication or portion thereof that meets one of the following criteria:
(7) It is otherwise detrimental to security, good order, rehabilitation, or discipline or it might facilitate criminal activity or be detrimental to mental health. 20 Ill. Admin. Code§ 525.230(b).
53. The criteria listed in § 525.230(b) (7) are so vague as to enable the Department to censor speech based on its content in the absence of a legitimate governmental interest. For example, the criteria does not even identify whose mental
12

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 14 of 21 PageID #:128
health is to be considered when banning publications under § 525.230(b) (7). Furthermore, § 525.230(b), by the phrase "but not limited to," contemplates censorship based on any other criteria that appeals to the Department, whether constitutionally permissible or not.
54. As the only meaningful method for Mr. Ryan to communicate with over 100 prisoners at Stateville is by mail, Mr. Ryan had no meaningful alternative to communicate with prisoners at Stateville so long as defendants were able to block the distribution of Stateville Speaks. Moreover, he has no other means of ever distributing the article "The Production of a Prison in 8 Easy Steps" as well as the redacted portion of "How to Survive a Day in Prison" which were forever banned by Defendants.
55. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff's constitutional rights.
56. As a result of the Defendants' unconstitutional conduct, and as a result of the vague and overly broad administrative code, Plaintiff has suffered irreparable harm.
WHEREFORE, Plaintiff, WILLIAM RYAN, respectfully requests that this Court enter judgment in his favor and against Defendants, ROGER E. WALKER and KENNETH R. BRILEY, in their official capacities for injunctive and declaratory relief striking 20 Ill. Admin. Code § 525.230(b) as unconstitutional and granting Plaintiff the right to distribute the banned portions of
13

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 15 of 21 PageID #:129
Stateville Speaks to inmates within the Illinois Department of Corrections, along with attorney's fees, and any other relief this Court deems just and appropriate.
Count III - 42 U.S.C. § 1983 First Amendment Violation - Ongoing Harm 57. Each of the Paragraphs in this Complaint is incorporated as if restated fully herein. 58. The First Amendment to the United States Constitution guarantees Plaintiff's right to speak and publish without unreasonable government interference. 59. As stated more fully in the preceding paragraphs, Plaintiff engaged in speech protected by the First Amendment. All Defendants prohibited that speech unreasonably and without justification by banning the article "The Production of a Prison in 8 Easy Steps" as well as censoring a portion of "How to Survive a Day in Prison." 60. As the only meaningful method for Mr. Ryan to communicate with over 100 prisoners at Stateville is by mail, Mr. Ryan had no other means of ever distributing these articles. 61. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff's constitutional rights. 62. As a result of the Defendants' unconstitutional conduct, Plaintiff has suffered damages.
WHEREFORE, Plaintiff, WILLIAM RYAN, respectfully
14

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 16 of 21 PageID #:130
requests that this Court enter judgment in his favor and against Defendants, ROGER E. WALKER, KENNETH R. BRILEY, ROBERT CATCHINGS, SERGIO MOLINA, BARBARA HURT, ROBERT GRIFFIN, JERRY BALDWIN, CINDY SHELLEY, VERNETTE COVIN-RUSSELL, and TERRI ANDERSON, awarding compensatory damages, attorneys' fees, and punitive damages against the Defendants in their individual capacities, as well as injunctive and declaratory relief and attorney's fees against the Defendants in their official capacities granting Plaintiff the right to distribute the banned portions of Stateville Speaks to inmates within the Illinois Department of Corrections, and any other relief this Court deems just and appropriate.
Count IV -- 42 U.S.C. § 1983 Due Process
63. Each of the Paragraphs of this Complaint is incorporated as if restated fully herein.
64. Plaintiff has a right to speak to prisoners, protected by the First Amendment to the Constitution of the United States.
65. Defendant has unreasonably deprived plaintiff of his right to speak to prisoners at Stateville Correctional Center.
66. IDOC has no system by which a member of the public, as opposed to an inmate of IDOC, may either appeal IDOC's refusal to distribute non-prohibited material or request a hearing on the issue.
67. On its face, the absence of a system by which a
15

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 17 of 21 PageID #:131
member of the public can contest IDOC's interference with his or her right to communicate with prisoners at Stateville violates the due process clause of the Fourteenth Amendment to the United States Constitution.
68. Furthermore, as applied to Plaintiff, the IDOC's regulations violate Plaintiff's due process rights by not providing him with a means by which to receive a hearing or other satisfactory process on the IDOC's initial prolonged denials of his request to distribute Stateville Speaks within Stateville and the permanent denial of his right to distribute the article "The Production of a Prison in 8 Easy Steps," as well as a portion of the article "How to Survive a Day in Prison".
69. As a result of the violation of his constitutional rights, Plaintiff has suffered irreparable harm.
70. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff's constitutional rights.
WHEREFORE, Plaintiff, WILLIAM RYAN, respectfully requests that this Court enter judgment in his favor and against Defendants, ROGER E. WALKER, KENNETH R. BRILEY, ROBERT CATCHINGS, SERGIO MOLINA, BARBARA HURT, ROBERT GRIFFIN, JERRY BALDWIN, CINDY SHELLEY, VERNETTE COVIN-RUSSELL, and TERRI ANDERSON, awarding compensatory damages, attorneys' fees, and punitive damages against the Defendants in their individual capacities, as well as injunctive and declaratory relief and attorney's fees against the Defendants in their official capacities granting Plaintiff the
16

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 18 of 21 PageID #:132
right to contest the denial of his right to distribute the banned portions of Stateville Speaks to inmates within the Illinois Department of Corrections, and any other relief this Court deems just and appropriate.
Count V -- State Law Cla~ Illinois Civil Rights Act -- 740 ILCS § 23/S(c) (2)
71. Each of the Paragraphs in this Complaint is incorporated as if restated fully herein.
72. The misconduct described above is a violation of Plaintiff's rights as secured by the Illinois Constitution.
73. Specifically, by preventing Plaintiff from circulating Stateville Speaks within Stateville for nine months and forever banning portions its content, Defendants violated Plaintiff's right to speak, write and publish freely under Article I, Section 4 of the Illinois Constitution.
74. Moreover, by preventing Plaintiff from mailing Stateville Speaks to prisoners at Stateville without providing him a method by which to lodge his grievance, the Defendants violated Plaintiff's right to apply for redress of grievances under Article I, Section 5 of the Illinois Constitution.
75. In addition, by preventing Plaintiff from mailing Stateville Speaks to prisoners at Stateville without providing him a method by which to lodge his grievance, the Defendants violated Plaintiff's right to a remedy and justice
17

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 19 of 21 PageID #:133
under Article I, Section 12 of the Illinois Constitution. 76. The misconduct described in this Count was
undertaken with malice, willfulness, and reckless indifference to the rights of others.
77. As a result of these deprivations of Plaintiff's rights as secured by the Illinois Constitution, Plaintiff has suffered irreparable harm, including but not limited to attorneys' fees and costs, for which the Defendants are liable.
WHEREFORE, Plaintiff, WILLIAM RYAN, respectfully requests that this Court enter judgment in his favor and against Defendants, ROGER E. WALKER, KENNETH R. BRILEY, ROBERT CATCHINGS, SERGIO MOLINA, BARBARA HURT, ROBERT GRIFFIN, JERRY BALDWIN, CINDY SHELLEY, VERNETTE COVIN-RUSSELL, and TERRI ANDERSON, awarding attorneys' fees and costs and any other relief this Court deems just and appropriate.
JURY DEMAND
Plaintiff, WILLIAM RYAN, hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) on all issues so triable.
18

Case: 1:04-cv-04635 Document #: 16 Filed: 01/07/05 Page 20 of 21 PageID #:134 RESPECTFULLY SUBMITTED,

At
Alan Mills UPTOWN PEOPLE'S LAW CENTER 4404 North Broadway Chicago, IL 60640 (773) 769-1411
Arthur Loevy Jon Loevy Russell Ainsworth LOEVY & LOEVY 312 North May St Suite 100 Chicago, IL 60607 (312) 243-5900
Samuel Fifer Terry Norton Stephanie Horten SONNENSCHEIN, NATH & ROSENTHAL LLP 8000 Sears Tower Chicago, IL 60606

for Plaintiff

19

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 Case: 1:04-cv-04635 Document #: 52 Filed: 01/31/06 Page 1 of 3 PageID #:216

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

BILL RYAN, Plaintiff, v.
ROGER WALKER, Defendant.

)

) No. 04 C4635

)

)

Hon. Ronald A. Guzman

) Judge Presiding

)

)

)

)

STIPULATION TO DISMISS

NOW COMES the Plaintiff, William Ryan, by and through his attorneys, Sonnenschein, Nath

&Rosenthal, LLP., 8000 Sears Tower, Chicago, Illinois 60606, Loevy & Loevy, 312 N. May Street,

Suite 100, Chicago, Illinois 60607, and the Uptown People's Law Center, 4404 North Broadway,

Chicago, Illinois 60640 and the Defendants, Roger E. Walker, Kenneth R. Briley, Robert Catchings,

Sergio Molina, Barbara Hurt, Robert Griffin, Jeny Baldwin, Cindy Shelley and Terri Anderson to the dismiss;u ofthis ~ase with prejudice. The Plaintiff and Defendants agree as follows:

1. This lawsuit shall be dismissed with p1ejudice and without leave to reinstate except

as provided in paragraph 4 of the settlement agreement with regard to all claims.

2. Each party shall bear his own costs, attorneys' fees and expenses.

Date

'·
..

Case: 1:04-cv-04635 Document #: 52 Filed: 01/31/06 Page 2 of 3 PageID #:217

Samuel Fifer Terry Norton Sonnenschein, Nath & Rosenthal, LLP., 8000 Sears Tower,
Chi~:z:r;
Alan Mills Uptown People's Law Center, 4413 North Sheridan, Chicago, Illinois 60640
ANDREW W. LAMBERTSON Assistant Attorney General General Law Bureau 100 W. Randolph Street, 13th Floor Chicago, IL 60601

Date
1/11/06 Date
Date

~ --~----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . ,
Case: 1:04-cv-04635 Document #: 52 Filed: 01/31/06 Page 3 of 3 PageID #:218

Terry Norton Sonnenschein, Nath & Rosenthal, LLP., 8000 Sears Tower, Chicago, Illinois 60606
Alan Mills Uptown People's Law Center, 4413 North Sheridan, Chicago, Illinois 60640
~!J~
ANDREW W. LAMBERTSON Assistant Attorney General General Law Bureau 100 W. Randolph Street, 131h Floor Chicago, IL 60601

Date
J- /~- 6'-
Date

~-- ------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "

 
 Case: 1:04-cv-4635 As of: 09/12/2012 07:20 PM CDT 1 of 7
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 5.0.3 (Chicago)
CIVIL DOCKET FOR CASE #: 1:04−cv−04635

KEYS

Ryan v. Walker, et al Assigned to: Hon. Ronald A. Guzman Demand: $0 Cause: 42:1983 Civil Rights Act
Plaintiff
William Ryan

Date Filed: 07/15/2004 Date Terminated: 01/31/2006 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Alan S. Mills Uptown People's Law Center 4413 North Sheridan Chicago, IL 60646 (773) 769−1411 Fax: 9773) 769−2224 Email: alanmills@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Arthur R. Loevy Loevy &Loevy 312 North May Street Suite 100 Chicago, IL 60607 (312)243−5900 Email: loevylaw@loevy.com ATTORNEY TO BE NOTICED
Carin Parcel 14005 Seward St. Omaha, Ne 68154 402−493−3369 ATTORNEY TO BE NOTICED
Jonathan I. Loevy Loevy &Loevy 312 North May Street Suite 100 Chicago, IL 60607 (312)243−5900 Email: jon@loevy.com ATTORNEY TO BE NOTICED
Russell R Ainsworth Loevy &Loevy 312 North May Street Suite 100 Chicago, IL 60607 (312)243−5900 Email: russell@loevy.com
Samuel Fifer SNR Denton US LLP 233 South Wacker Drive Suite 7800 Chicago, IL 60606 (312)876−8000 Email: samuel.fifer@snrdenton.com ATTORNEY TO BE NOTICED

Case: 1:04-cv-4635 As of: 09/12/2012 07:20 PM CDT 2 of 7
Terrance Anthony Norton SNR Denton US LLP 233 South Wacker Drive Suite 7800 Chicago, IL 60606 (312)876−8000 Email: tnorton@sonnenschein.com ATTORNEY TO BE NOTICED

V. Defendant Roger E Walker
Defendant Kenneth R Briley
Defendant Robert Catchings
Defendant Sergio Molina
Defendant Barbara Hurt

represented by Alison Irene Abel Illinois Attorney General's Office 100 West Randolph Street 13th Floor Chicago, IL 60601 (312)814−3313 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew W Lambertson U.S. District Court (NDIL−C) 219 South Dearborn Street Chicago, IL 60604 (312)353−5354 ATTORNEY TO BE NOTICED
represented by Alison Irene Abel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew W Lambertson (See above for address) ATTORNEY TO BE NOTICED
represented by Alison Irene Abel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew W Lambertson (See above for address) ATTORNEY TO BE NOTICED
represented by Alison Irene Abel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew W Lambertson (See above for address) ATTORNEY TO BE NOTICED
represented by Alison Irene Abel (See above for address)

Case: 1:04-cv-4635 As of: 09/12/2012 07:20 PM CDT 3 of 7

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew W Lambertson (See above for address) ATTORNEY TO BE NOTICED

Defendant Robert Griffin

represented by Alison Irene Abel (See above for address) ATTORNEY TO BE NOTICED

Andrew W Lambertson (See above for address) ATTORNEY TO BE NOTICED

Defendant Jerry Baldwin

represented by Alison Irene Abel (See above for address) ATTORNEY TO BE NOTICED

Andrew W Lambertson (See above for address) ATTORNEY TO BE NOTICED

Defendant Cindy Shelley

represented by Alison Irene Abel (See above for address) ATTORNEY TO BE NOTICED

Andrew W Lambertson (See above for address) ATTORNEY TO BE NOTICED

Defendant Vernette Covin−Russell

represented by Alison Irene Abel (See above for address) ATTORNEY TO BE NOTICED

Andrew W Lambertson (See above for address) ATTORNEY TO BE NOTICED

Defendant Terri Anderson

represented by Alison Irene Abel (See above for address) ATTORNEY TO BE NOTICED

Andrew W Lambertson (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/15/2004
07/15/2004

# Docket Text
1 COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Carin Susann Riekes, Terrance Anthony Norton, Samuel Fifer, Russell Ainsworth, Arthur R. Loevy, Jonathan I. Loevy as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1−1 through 1−3) (vmj) (Entered: 07/16/2004)
RECEIPT regarding payment of filing fee paid; on 7/15/04 in the amount of $ 150.00, receipt # 10630777. (vmj) (Entered: 07/16/2004)

Case: 1:04-cv-4635 As of: 09/12/2012 07:20 PM CDT 4 of 7

07/16/2004
07/21/2004 07/26/2004 08/03/2004 08/11/2004 08/11/2004 09/01/2004 09/09/2004 09/15/2004 09/15/2004
09/30/2004 10/04/2004
10/06/2004
10/15/2004 10/18/2004 10/19/2004
11/09/2004 12/21/2004

SCHEDULE set on 7/16/04 by Hon. Ronald A. Guzman : Status hearing set to 9:30 9/15/04 . The Court orders the parties to appear for an initial appearance and status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. Mailed notice (cjg) (Entered: 07/16/2004)
4 SUMMONS and 4 copies issued as to Roger E Walker, Sergio Molina, Kenneth R Briley, Robert Catchings. (vmj) (Entered: 07/22/2004)
2 RETURN OF SERVICE executed as to defendants' Roger E Walker, Kenneth R Briley, Robert Catchings and Sergio Molina on 7/22/04. (vmj) (Entered: 07/27/2004)
SUMMONS and one copy issued as to defendant Barbara Hurt. (vmj) (Entered: 08/04/2004)
3 WAIVER of service of summons as to defendant Roger E Walker sent on 7/30/04. (vmj) (Entered: 08/12/2004)
4 RETURN OF SERVICE executed as to defendant Barbara Hurt on 8/6/04. (vmj) (Entered: 08/12/2004)
5 ATTORNEY APPEARANCE for defendanta' by Alison Irene Abel, Andrew William Lambertson. (vmj) (Entered: 09/02/2004)
6 REPORT of parties' planning meeting. (vmj) (Entered: 09/13/2004)
7 CORRECTED COMPLAINT with exhibits [1−1] by plaintiff; Notice. (vmj) (Entered: 09/16/2004)
8 MINUTE ORDER of 9/15/04 by Hon. Ronald A. Guzman: Status hearing held and continued to 1/5/05 at 9:30 a.m. Fact discovery closes 1/3/05. Plaintiff's expert disclosures by 1/18/05. Plaintiff's expert depositions by 1/31/05. Defendant's expert disclosures by 2/15/05. Defendant's expert depositions by 2/28/05. All dispositive motions to be filed on or before 3/15/05. Mailed notice (vmj) (Entered: 09/16/2004)
9 AGREED MOTION by defendants to enlarge time in which to answer or otherwise plead to plaintiff's complaint ; Notice (ntf) (Entered: 10/05/2004)
10 MINUTE ORDER of 10/4/04 by Hon. Ronald A. Guzman: Defendants' agreed motion to enlarge time in which to answer or otherwise plead to plaintiff's complaint is granted [9−1] to and including 10/15/04. Telephoned notice (ntf) (Entered: 10/05/2004)
SCHEDULE set on 10/6/04 by Hon. Ronald A. Guzman : Settlement conference set for 2:30 10/21/04 . ** Judge Guzman's standing order regarding settlement conferences is posted on the Court's website: www.ilnd.uscourts.gov. Mailed notice (cjg) (Entered: 10/06/2004)
12 MOTION by defendants' to stay proceedings or for enlargement of time in which to respond to discovery requests (Attachment); Notice. (vmj) (Entered: 10/20/2004)
11 RESPONSE by plaintiff to defendants' motion to stay (Attachment); Notice. (vmj) (Entered: 10/19/2004)
13 MINUTE ORDER of 10/19/04 by Hon. Ronald A. Guzman: Defendants' motion to stay proceedings [12−1] or for enlargement of time in which to respond to discovery request [12−2] is granted in part. All proceedings are stayed until the next status hearing. Status hearing set for 11/9/04 at 9:30 a.m. Settlement conference set for 10/21/04 is stricken. Mailed notice (vmj) (Entered: 10/20/2004)
SCHEDULE set on 11/9/04 by Hon. Ronald A. Guzman : Status hearing held and continued to 9:30 1/7/05 . Amendments to pleadings or addition of parties to be filed on or before 12/24/04. In court notice (cjg) (Entered: 11/10/2004)
14 MOTION by plaintiff for leave to file amended complaint (Attachment); Notice. (vmj) (Entered: 01/11/2005)

Case: 1:04-cv-4635 As of: 09/12/2012 07:20 PM CDT 5 of 7

01/07/2005
01/07/2005 01/20/2005 01/26/2005 01/26/2005 01/26/2005 01/26/2005 01/26/2005 01/28/2005 01/28/2005
01/28/2005 02/02/2005 02/09/2005 02/10/2005 02/10/2005 02/17/2005 02/24/2005 03/10/2005 06/07/2005

15 MINUTE ORDER of 1/7/05 by Hon. Ronald A. Guzman: Status hearing held and continued to 3/9/05 at 9:30 a.m. Plaintiff's motion for leave to file amended complaint is granted [14−1]. Answer to be filed by 1/28/05. Plaintiff's oral motion to extend fact discovery is granted to and including 3/8/05. No notice (vmj) (Entered: 01/11/2005)
16 FIRST AMENDED COMPLAINT by plaintiff; jury demand; adding Robert Griffin, Jerry Baldwin, Cindy Shelley, Vernette Covin−Russell, Terri Anderson (Attachments); Notice. (vmj) (Entered: 01/11/2005)
17 5 SUMMONS and 5 copies Issued as to Defendants Vernette Covin−Russell, Terri Anderson, Robert Griffin, Jerry Baldwin, Cindy Shelley (vmj, ) (Entered: 01/25/2005)
18 SUMMONS Returned Executed by William Ryan as to Jerry Baldwin on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)
19 SUMMONS Returned Executed by William Ryan as to Cindy Shelley on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)
20 SUMMONS Returned Executed by William Ryan as to Vernette Covin−Russell on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)
21 SUMMONS Returned Executed by William Ryan as to Robert Griffin on 1/21/2005, answer due 2/10/2005. (mjc, ) (Entered: 01/28/2005)
22 SUMMONS Returned Executed by William Ryan as to Terri Anderson on 1/24/2005, answer due 2/14/2005. (mjc, ) (Entered: 01/28/2005)
23 12(b)(6)MOTION by Defendants Roger E Walker, Kenneth R Briley, Robert Catchings, Sergio Molina and Barbara Hurt to dismiss plaintiff's complaint (las, ) (Entered: 01/31/2005)
24 NOTICE of Motion by Alison Irene Abel for presentment of defendants Roger E Walker, Kenneth R Briley, Robert Catchings, Sergio Molina and Barbara Hurt motion to dismiss 23 before Honorable Ronald A. Guzman on 2/3/2005 at 09:30 AM. (las, ) (Entered: 01/31/2005)
25 MEMORANDUM by Roger E Walker, Kenneth R Briley, Robert Catchings, Sergio Molina, Barbara Hurt in Support of their 12(b)(6) motion to dismiss 23 (las, ) (Entered: 01/31/2005)
26 MINUTE entry before Judge Ronald A. Guzman : Defendants' motion to dismiss 23 is taken under advisement: Response due by 2/24/2005 Reply due by 3/10/2005. Telephone notice (jms, ) (Entered: 02/02/2005)
29 ATTORNEY Appearance for Defendants Vernette Covin−Russell, Terri Anderson, Robert Griffin, Jerry Baldwin, Cindy Shelley by Alison Irene Abel, Andrew William Lambertson (vmj, ) Modified on 3/10/2006 (cem, ). (Entered: 02/14/2005)
27 MOTION by Defendants to stay discovery; Exhibit A. (rbf, ) Modified on 1/26/2006 (ym, ). (Entered: 02/11/2005)
28 NOTICE of Motion by Andrew William Lambertson for presentment of defendants motion to stay discovery 27 before Honorable Ronald A. Guzman on 2/17/2005 at 09:30 AM. (rbf, ) (Entered: 02/11/2005)
30 MINUTE entry before Judge Ronald A. Guzman : Motion to stay 27 is granted. Status hearing set for 3/9/05 is stricken. In court notice (cjg, ) (Entered: 02/28/2005)
31 RESPONSE by William Ryan to motion by Defendants to dismiss 23 ; Notice. (air, ) (Entered: 03/01/2005)
32 REPLY by Defendants' in support of 12(b)(6) motion to dismiss 23 ; Notice (vmj, ) Modified on 3/14/2005 (vmj, ). (Entered: 03/14/2005)
33 NOTICE by Uptown People's Law Center of Change of Address (vmj, ) (Entered: 06/13/2005)

Case: 1:04-cv-4635 As of: 09/12/2012 07:20 PM CDT 6 of 7

06/14/2005 06/29/2005 07/06/2005 07/06/2005 07/08/2005 07/12/2005 07/20/2005 09/01/2005 09/13/2005 09/21/2005
10/20/2005 11/08/2005 11/30/2005
12/21/2005 01/03/2006 01/05/2006 01/13/2006 01/24/2006 01/31/2006

34 MINUTE entry before Judge Ronald A. Guzman : Status hearing set for 6/29/2005 at 09:30 AM. on Court's own motion. Mailed notice (cjg, ) (Entered: 06/14/2005)
35 MINUTE entry before Judge Ronald A. Guzman : Status hearing held on 6/29/2005. Status hearing set for 7/29/2005 at 09:30 AM. In court notice (cjg, ) (Entered: 06/29/2005)
36 MOTION by Plaintiff William Ryan to lift stay (gma, ) (Entered: 07/07/2005)
37 NOTICE of Motion by Russell Ainsworth for presentment of MOTION by Plaintiff William Ryan to lift stay 36 before Honorable Ronald A. Guzman on 7/12/2005 at 09:30 AM. (gma, ) (Entered: 07/07/2005)
39 RESPONSE to motion to lift stay of discovery; Notice. (vmj, ) (Entered: 07/15/2005)
38 MINUTE entry before Judge Ronald A. Guzman : MOTION by Plaintiff William Ryan to lift stay 36 is denied without prejudice for the reasons stated in open court. No notice, advised in open court (jms, ) (Entered: 07/12/2005)
40 MINUTE entry before Judge Ronald A. Guzman :Status hearing set for 7/29/05 is stricken on Court's own motion. Mailed notice (cjg, ) (Entered: 07/20/2005)
42 MINUTE entry before Judge Ronald A. Guzman: For the reasons set forth in this Order, defendants' Rule 12(b)(6) motion to dismiss 23 is denied. Mailed notice (vmj, ) (Entered: 09/14/2005)
41 MINUTE entry before Judge Ronald A. Guzman : Status hearing set for 9/21/2005 at 09:30 AM. Mailed notice (cjg, ) (Entered: 09/13/2005)
43 MINUTE entry before Judge Ronald A. Guzman : Status hearing held on 9/21/2005. Settlement Conference set for 10/12/2005 at 02:30 PM. ** Judge Guzman's standing order regarding settlement conferences is posted on the Court's website: www.ilnd.uscourts.gov. Mailed notice (cjg, ) (Entered: 09/21/2005)
44 MINUTE entry before Judge Ronald A. Guzman : Settlement Conference set for 11/8/2005 at 02:00 PM. Mailed notice (cjg, ) (Entered: 10/20/2005)
45 MINUTE entry before Judge Ronald A. Guzman : Settlement conference held on 11/8/2005. Settlement Conference set for 11/30/2005 at 02:00 PM. Mailed notice (cjg, ) (Entered: 11/09/2005)
46 MINUTE entry before Judge Ronald A. Guzman : Settlement conference scheduled for 11/30/05 is stricken on parties representation that case is settled. Status hearing set for 12/21/2005 at 09:30 AM. Mailed notice (cjg, ) (Entered: 11/30/2005)
47 MINUTE entry before Judge Ronald A. Guzman : Status hearing held on 12/21/2005. Status hearing set for 1/4/2006 at 09:30 AM. Mailed notice (cjg, ) (Entered: 01/03/2006)
48 MINUTE entry before Judge Ronald A. Guzman : Status hearing scheduled for 1/4/06 is reset for 1/6/2006 at 09:30 AM. on parties request. Mailed notice (cjg, ) (Entered: 01/03/2006)
49 MINUTE entry before Judge Ronald A. Guzman : Status hearing scheduled for 1/6/06 is reset for 1/13/2006 at 09:30 AM. on request of parties. Mailed notice (cjg, ) (Entered: 01/05/2006)
50 MINUTE entry before Judge Ronald A. Guzman : Status hearing held on 1/13/2006 Status hearing set for 1/27/2006 at 09:30 AM. Mailed notice (cjg, ) (Entered: 01/17/2006)
51 MINUTE entry before Judge Ronald A. Guzman : Status hearing scheduled for 1/27/06 is reset for 2/1/2006 at 09:30 AM. on Court's own motion. Mailed notice (cjg, ) (Entered: 01/24/2006)
52 STIPULATION of Dismissal (Lambertson, Andrew) (Entered: 01/31/2006)

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01/31/2006 01/31/2006

53 NOTICE by Terri Anderson, Roger E Walker, Kenneth R Briley, Robert Catchings, Sergio Molina, Barbara Hurt, Robert Griffin, Jerry Baldwin, Cindy Shelley re stipulation of dismissal 52 (Lambertson, Andrew) (Entered: 01/31/2006)
54 MINUTE entry before Judge Ronald A. Guzman : Pursuant to parties' stipulation to dismiss, this action is hereby dismissed with prejudice and without leave to reinstate except as provided in paragraph 4 of the settlement agreement with regards to all claims. Each party shall bear his own costs, attorneys' fees and expenses. Any pending motions or schedules are stricken as moot. Civil case terminated. Mailed notice (cjg, ) (Entered: 01/31/2006)