UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

PRISON LEGAL NEWS, a non-profit §

Washington corporation

§

§

Plaintiff

§

v.

§

§

GARY LINDSEY, individually and

§

in his official capacity as the Chief Deputy, §

Office of Detentions for Dallas County, §

SHERIFF LUPE VALDEZ, individually §

and in her official capacity as the Sheriff of §

Dallas County, and DALLAS COUNTY §

§

Defendants.

§

CIVIL ACTION NO.

PLAINTIFF’S ORIGINAL COMPLAINT

Plaintiff Prison Legal News respectfully files this Original Complaint and will show:

STATEMENT OF CLAIM

1. Plaintiff Prison Legal News brings this civil rights action for redress of violations

of its rights to free speech and due process under the law, seeking injunctive and declaratory

relief, as well as compensatory and punitive damages against Defendants, as appropriate.

2. Plaintiff complains Defendants have violated and continue to violate its

constitutional rights under color of law and in violation of the First and Fourteenth Amendments

to the United States Constitution.

JURISDICTION AND VENUE

3. This action is brought pursuant to 42 U.S.C. §§ 1983 and 1988. Jurisdiction is

based on 28 U.S.C. §§ 1331, 1343(a)(3) and (4), and the aforementioned federal statutory and

constitutional provisions.

4. Venue is proper in this Court under 28 U.S.C. § 1391 because the events

complained of occurred within this district.

PARTIES 5. Plaintiff Prison Legal News is a Washington non-profit IRS section 501(c)(3) corporation. It has offices in Seattle, Washington and Battleboro, Vermont. 6. Gary Lindsey is Chief Deputy of the Office of Detentions for Dallas County. He makes policies for the Dallas County Jail (“the jail”) and oversees all operations at the jail. He is sued in his individual capacity for punitive, declaratory and compensatory damages, and injunctive relief. He is sued in his official capacity for declaratory, injunctive and compensatory relief. 7. Lupe Valdez is the Sheriff of Dallas County and is, in her official capacity, by law responsible for the operation of the jail as its chief administrative officer. She is the chief policy maker for the jail. She is sued in her individual capacity for punitive, declaratory and compensatory damages, and injunctive relief. She is sued in her official capacity for declaratory, injunctive and compensatory relief. 8. Dallas County is a political subdivision of the State of Texas. Dallas County is sued for injunctive, declaratory and compensatory relief.
STATEMENT OF FACTS 9. Prison Legal News publishes a monthly 48-page legal information magazine (“the publication”) dealing with the rights of incarcerated individuals. The publication provides information about, e.g., court access, disciplinary hearings, prison conditions, excessive force, mail censorship, jail litigation, visitation, telephones, religious freedom, prison rape, and the death penalty. It has been published continuously since 1990. The publication is core protected speech, which is not objectionable on security or other grounds. Prison Legal News has approximately 5,600 subscribers nationwide, and nine subscribers who are currently incarcerated in the Dallas County Jail.
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10. On March 31, 2006, Defendant Lindsey verbally issued a policy prohibiting inmates in the jail from possessing magazines or newspapers. The policy prevents Prison Legal News from delivering its publication to its subscribers incarcerated in the jail through the mail.
11. On February 6, 2007, Defendant Lindsey issued a written policy codifying his March 31 verbal policy. The new policy provides: “General population inmates are not allowed magazines or newspapers.” Inmates may “receive through the mail … soft back books or publications (not magazines) from publishers, publication supplier, or bookstores.”
12. The jail’s “Inmate Handbook,” which was last updated in May 2005, still provides inmates may receive “books, magazines, or newspapers,” if they are sent through the mail by the publisher. Prison Legal News and inmates at the jail received no notice of the policy change.
13. The new policy states the purpose for the change is to “eliminate clutter” in the jail. 14. Since creation of the new policy, Prison Legal News has been unable to have its publication received by inmates in the jail. The new policy prevents Prison Legal News from communicating with its subscribers in the jail. 15. Since the enactment of the new policy, issues of the publication have been destroyed upon receipt at the jail. 16. Prison Legal News did not receive any notice of the new policy from the jail that the publication was being summarily censored and destroyed. It did not receive any opportunity to contest the decisions preventing inmates at the jail from receiving its publication. 17. Prison Legal News has never received any notice from Dallas County that the publication was being censored and destroyed. 18. On July 20, 2006, one of Prison Legal News’ subscribers, inmate Billy Allen, filed a grievance with the jail because he was not receiving the publication. He received a response on September 7, 2006, which read “newspapers and magazines are no longer allowed in the jail.”
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Mr. Allen’s copy of the publication was destroyed before he was provided notice of the new policy. No notice was provided to Prison Legal News.
19. The new policy, developed, enacted and enforced by Defendants, deprives Prison Legal News of its constitutional rights of free speech and expression and its due process rights.
20. Defendants’ new policy provides Prison Legal News with no alternative means of exercising its free speech and expression rights by receipt, possession and enjoyment of otherwise legal reading materials such as magazines and newspapers.
21. Accommodation of the free speech and expression and due process rights of Prison Legal News with respect to materials protected by the First and Fourteenth Amendments to the United States Constitution will not have significant impact at the Dallas County Jail.
22. Readily available alternatives exist to Defendants’ current policy which, at a de minimis cost, could easily meet any legitimate or significant interests of Defendants and the jail without sacrificing the free speech and expression rights of Prison Legal News and the inmates.
CAUSE OF ACTION I: FREEDOM OF SPEECH AND EXPRESSION 23. Defendants’ policy banning newspapers and magazines violates the free speech and expression rights of Prison Legal News secured by the First and Fourteenth Amendments to the Untied States Constitution. 24. Prison Legal News has a constitutionally-protected liberty interest in communicating with incarcerated individuals. This right is clearly established under existing case law. 25. Defendants’ policy does not further any legitimate penological interest.
CAUSE OF ACTION II: DUE PROCESS OF LAW 26. Defendants’ policy banning newspapers and magazines does not provide Prison Legal News with individualized notice that its free speech and expression rights are being
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violated. No notice of the new policy was provided to Prison Legal News before the policy

prevented the publication from reaching the inmates in the jail.

27. Prison Legal News has a right under the Fourteenth Amendment to receive notice

and the opportunity to object when Defendants prevent its publication from reaching its

subscribers. This right is clearly established under existing case law.

28. Defendants’ failure to provide notice to Prison Legal News that its publication was

being censored does not further any legitimate penological interest.

DECLARATORY RELIEF

29. Plaintiff requests all appropriate declaratory relief to which they are entitled.

INJUNCTIVE RELIEF

30. Plaintiff requests the Court grant appropriate relief enjoining Defendants from

continuing to violate its free speech and due process rights.

ATTORNEYS’ FEES AND COSTS

31. Pursuant to 42 U.S.C. § 1988, Plaintiff is entitled to recover attorneys’ fees and

costs.

PRAYER FOR RELIEF

THEREFORE, Plaintiff requests the Court:

A. Award punitive damages against all individual Defendants, in their individual

capacities, as appropriate and allowed by law;

B.

Award compensatory damages against all Defendants, jointly and severally;

C.

Grant declaratory and injunctive relief under federal law, as set out in this

Complaint;

D. Grant reasonable attorneys’ fees, litigation expenses and court costs; and,

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E.

Grant all such other and further relief as appears reasonable and just, to which

Plaintiff may be entitled.

Dated: February 23, 2007.

Respectfully Submitted,

Scott Medlock State Bar No. 24044783 James C. Harrington State Bar No. 09048500 Wayne Krause State Bar No. 24032644
TEXAS CIVIL RIGHTS PROJECT 1405 Montopolis Dr. Austin, TX 78741
(512) 474-5073 [phone] (512) 474-0726 [fax]
ATTORNEYS FOR PLAINTIFF

6

 
 Case 3:07-cv-00367-P Document 37 Filed 12/07/2007 Page 1 of 3

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

PRISON LEGAL NEWS, a non-profit

§

Washington corporation

§

§

Plaintiff

§

v.

§

§

GARY LINDSEY, et al.

§

Defendants.

§

CIVIL ACTION NO.
07-367j]J?f P

CONSENT DECREE AND SETTLEMENT AGREEMENT

Plaintiff Prison Legal News ("PLN") and Defendants Gary Lindsey, Edgar McMillan,

Lupe Valdez and Dallas County ("Defendants") agree this case will be dismissed on the

following terms:

1. For and in consideration of the provisions of this agreement, PLN settles with and

releases Defendants, their officers, agents, employees, and departments, for any and all claims,
p
damages and causes of action arising out of the claims described in case 07-367-jJS, which is the

source of all settled claims; provided, however, that nothing in this settlement agreement and

release shall be construed to prevent or limit PLN from moving t,o.. enforce the terms of this
settlement agreement or bringing a new suit arising from the same conduct by Defendants

occurring after the date of this decree.

2. Defendants acknowledge that the magazine Prison Legal News, renewal notices

for the magazine, book fliers ("catalogs"), and similar types of mail are permitted types of mail

into all Dallas County correctional facilities, including, but not limited to, the Dallas County Jail

(500 Commerce Street, Dallas, TX 75202), the George Allen Jail, Sterrett West Tower, Sterrett

North Tower, Kays Detention Facility and Decker Detention Facility, regardless of the postal

class by which the magazine, renewal notices for the magazine, book fliers ("catalogs"), and

Case 3:07-cv-00367-P Document 37 Filed 12/07/2007 Page 2 of 3

Pag~21

similar types of mail are sent. Defendants agree that PLN can send its properly addressed magazine, renewal notices for the magazine, book fliers ("catalogs"), and similar types of mail to inmates in all Dallas County facilities, without proof of payment, registration by an inmate of his or her subscription, or any further requirements.
3. Defendants agree that PLN is an approved book distributor and/or vendor, and will provide written confirmation of this status to PLN within 30 days of entry of this decree. Books distributed by PLN are permitted mail at all Dallas County correctional facilities, regardless of the postal class by which the books are sent.
4. Nothing in this settlement agreement and release shall be construed to prevent or limit Defendants or their agents, employees and departments from continuing to review, reject, process and dispose of inmate mail for reasons of prohibited content. This reserves Dallas County's authority to review content for reasons such as security, safety, institutional discipline and to monitor criminal activity. When any mail is rejected due to its specific content, a violation notice will be provided to the sender within 15 days, as described below in paragraph 5.
5. PLN is entitled to receive notice of every mail rejection or undelivered item sent by PLN to an inmate in the jail, together with a statement or indication of the reason for rejection or non-delivery, regardless of the postal class by which the rejected piece of mail is sent. If the rejection or non-delivery is for n:on-content reasons such as address error or insufficient address, return of the envelope with indication of the reason written or stamped on the envelope is adequate. If the rejection is for content based reasons, PLN will receive a written explanation for why the content is non-compliant with Dallas County regulations within 3 business days of the rejection. The explanation will clearly explain the reason for the censorship and the party to whom PLN can direct an appeal of the censorship decision. The Dallas County jail mailroom
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Case 3:07-cv-00367-P Document 37 Filed 12/07/2007 Page 3 of 3

Page 3;1

will hold the item during the pendency of any administrative appeals and deliver the item to the addressee if the appeal is decided in favor of the publisher and/or the inmate addressee.
6. Defendants will pay PLN $9,000 in damages, attorneys' fees and costs within 30 days of entry of this consent decree, payable to PLN's counsel, the Texas Civil Rights Project.
7. Nothing in this agreement will be construed to waive claims for incidents that have not yet occurred.
8. Notwithstanding the dismissal of this case, the Court shall retain jurisdiction over the case for purposes of enforcing this consent decree. PLN may not ask this Court to exercise that jurisdiction without first giving the Dallas County Commissioner's Court and the dulyelected Sheriff of Dallas County written notice of any alleged breach of this agreement and without giving the Dallas County Commissioner's Court and the Sheriff 15 days from receipt of such notice to correct the breach. Fifteen days after giving notice, PLN may move the Court to enforce this decree.

State Bar No. 24044783 Attorney for Plaintiff, Prison Legal News
~T:LJ~
Dolena Westergard
State Bar No. ;).1;)../0, gaO
Attorney for Defendants

Date
Date )0 '" j, 5-() 7

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CLOSED, ECF, RAMIREZ
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:07-cv-00367-P

Prison Legal News v. Lindsey et al Assigned to: Judge Jorge A Solis Cause: 42:1983 Civil Rights Act Plaintiff Prison Legal News a non-profit Washington corporation
V. Defendant

Date Filed: 02/27/2007 Date Terminated: 10/05/2007 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by James C Harrington Texas Civil Rights Project 1405 Montopolis Dr Austin, TX 78741-3438 512/474-5073 Fax: 512/474-0726 Email: jch@mail.utexas.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott Medlock Texas Civil Rights Project 1405 Montopolis Dr Austin, TX 78741-3438 512/474-5073 Fax: 512/474-0726 Email: scott@texascivilrightsproject.org ATTORNEY TO BE NOTICED Wayne Krause Texas Civil Rights Project 1405 Montopolis Dr Austin, TX 78741-3438 512/474-5073 Fax: 512/474-0726 Email: WayneKrause@TexasCivilRightsProject.org ATTORNEY TO BE NOTICED

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Gary Lindsey individually and in his official capacity as the Chief Deputy, Office of Detentions for Dallas County
Defendant Sheriff Lupe Valdez individually and in her official capacity as the Sheriff of Dallas County Defendant Dallas County
Defendant Edgar McMillan Individually

represented by Dolena T Westergard Dallas County District Attorney's Office 133 N Industrial Blvd Suite C4-2 LB 19 Dallas, TX 75207 214/653-3692 Fax: 214/653-2899 FAX Email: dwester980@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dolena T Westergard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dolena T Westergard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dolena T Westergard (See above for address) ATTORNEY TO BE NOTICED

Date Filed 02/27/2007
02/27/2007 02/27/2007
02/27/2007 02/27/2007
02/28/2007

# Docket Text 1 Plaintiff's Original COMPLAINT against Gary Lindsey, Lupe Valdez, Dallas County
filed by Prison Legal News. (Filing fee $350; Receipt number 9066) (skt) (Entered: 02/28/2007) ***Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in this case. (skt) (Entered: 02/28/2007) 2 Plaintiff's MOTION for a Preliminary Injunction by Prison Legal News (Attachments: # 1 Exhibit 1# 2 Exhibit 2, part 1# 3 Exhibit 2, part 2# 4 Exhibit 2, part 3# 5 Exhibit 2, part 4# 6 Exhibit 2, part 5# 7 Exhibit 2, part 6# 8 Exhibit 2, part 7# 9 Exhibit 3# 10 Exhibit 4# 11 Exhibit 5) (skt) (Entered: 02/28/2007) 3 Summons Issued as to Gary Lindsey, Lupe Valdez, Dallas County. (skt) (Entered: 02/28/2007) 6 Application and Order for Admission Pro Hac Vice by Scott Medlock for Prison Legal News.(see order for specifics) (Signed by Judge Jorge A Solis on 02/27/07) (lmp) (Entered: 03/01/2007) 4 Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jorge A Solis on 2/28/2007) (skt) (Entered: 02/28/2007)

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02/28/2007 03/12/2007 03/15/2007 03/16/2007 03/16/2007 03/16/2007 03/26/2007 03/26/2007 04/02/2007 04/06/2007 04/18/2007 04/27/2007 05/03/2007 05/04/2007
05/23/2007 05/29/2007

5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Prison Legal News. (Krause, Wayne) (Entered: 02/28/2007)
7 SUMMONS Returned Executed as to Dallas County served on 3/6/2007, answer due 3/26/2007. (Attachments: # 1 Exhibit 1) (Medlock, Scott) (Entered: 03/12/2007)
8 SUMMONS Returned Executed as to Dallas County served on 3/9/2007, answer due 3/29/2007. (Krause, Wayne) (Entered: 03/15/2007)
9 Advisory to Court Regarding Motion for Admission of Scott Medlock Pro Hac Vice by Prison Legal News re 6 Order for Admission Pro Hac Vice. (Attachments: # 1 Exhibit 1) (Medlock, Scott) Modified on 3/19/2007 (lmp). (Entered: 03/16/2007)
10 SUMMONS Returned Executed as to Gary Lindsey served on 3/16/2007, answer due 4/5/2007. (Medlock, Scott) (Entered: 03/16/2007)
11 SUMMONS Returned Executed as to Lupe Valdez served on 3/16/2007, answer due 4/5/2007. (Medlock, Scott) (Entered: 03/16/2007)
12 Original ANSWER to Complaint by Gary Lindsey, Lupe Valdez, Dallas County (Westergard, Dolena) (Entered: 03/26/2007)
13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gary Lindsey, Lupe Valdez, Dallas County. (Westergard, Dolena) (Entered: 03/26/2007)
14 Order Requiring Attorney Conference and Proposal for Contents of Scheduling and Discovery Order: Proposed Scheduling Order due by 5/7/2007.(see order for specifics) (Signed by Judge Jorge A Solis on 05/07/07) (lmp) (Entered: 04/03/2007)
15 Advisory to Court Regarding Plaintiff's Motion for Prelimimary Injunction by Prison Legal News. (Medlock, Scott) Modified on 4/10/2007 (lmp). (Entered: 04/06/2007)
16 RESPONSE filed by Gary Lindsey, Lupe Valdez, Dallas County re 2 MOTION for Injunction (Westergard, Dolena) (Entered: 04/18/2007)
17 REPLY filed by Prison Legal News to Defendant's Response to Plaintiff's 2 MOTION for Preliminary Injunction (Medlock, Scott) Modified on 4/27/2007 (lmp). (Entered: 04/27/2007)
18 Joint Settlement Status Report and Proposal for contents of scheduling and discovery order by Prison Legal News. (Medlock, Scott) Modified on 5/4/2007 (lmp). (Entered: 05/03/2007)
19 SCHEDULING ORDER: Amended Pleadings due by 6/8/2007. Bench Trial set for 2/4/2008 09:00 AM before Judge Jorge A Solis. Discovery due by 9/7/2007. Pretrial Conference set for 1/18/2008 10:30 AM before Judge Jorge A Solis. Joinder of Parties due by 6/8/2007. Motions due by 10/9/2007. Proposed Pretrial Order due by 1/11/2008. Status Report due by 9/21/2007.(see order for specifics) (Signed by Judge Jorge A Solis on 05/04/07) (lmp) (Entered: 05/07/2007)
20 ORDER: The Court requests that Defendants submit a copy of the policy now in effect by no later than Friday, June 1, 2007. (Signed by Judge Jorge A Solis on May 23, 2007) (jyg) (Entered: 05/23/2007)
21 Appendix in Support filed by Gary Lindsey, Lupe Valdez, Dallas County re 16 Response to Motion for Preliminary Injunction and brief in support. (Westergard,

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06/07/2007 06/18/2007
06/19/2007 06/28/2007 07/03/2007 08/13/2007 08/24/2007
08/24/2007 08/28/2007 08/28/2007 08/28/2007 09/20/2007 09/21/2007 09/28/2007
10/05/2007 12/07/2007

Dolena) Modified on 5/29/2007 (lmp). (Entered: 05/29/2007) 22 Designation of Experts by Prison Legal News. (Medlock, Scott) (Entered: 06/07/2007) 23 ORDER denying 2 Plaintiff's Motion for Preliminary Injunction. The Court finds no
threat of irreparable injury if an injunction is not granted, and also that an injunction at this time would not serve the public interest. Plaintiff has thus failed to meet its burden on two of the elements required for the grant of a preliminary injunction. (see order for speficis) (Signed by Judge Jorge A Solis on 06/18/2007) (axm) (Entered: 06/19/2007) 24 NOTICE by Prison Legal News (Medlock, Scott) (Entered: 06/19/2007) 25 NOTICE by Prison Legal News of Initial Disclosures (Krause, Wayne) (Entered: 06/28/2007) 26 Certificate of Disclosure by Gary Lindsey, Lupe Valdez, Dallas County (Westergard, Dolena) Modified on 7/5/2007 (npk) (Entered: 07/03/2007) 27 Unopposed MOTION for Leave to File Amended Complaint by Prison Legal News (Attachments: # 1 Exhibit A# 2 Order) (Medlock, Scott) (Entered: 08/13/2007) 28 ORDER granting 27 Unopposed MOTION for Leave to File Amended Complaint. [Counsel granted leave to file an amended pleading under LR 15.1 is reminded to electronically file the amended pleading within 3 days. See ECF Standing Designation Order.] (Signed by Judge Jorge A Solis on 8/23/07) (npk) (Entered: 08/24/2007) 29 AMENDED COMPLAINT against Gary Lindsey, Lupe Valdez, Dallas County filed by Prison Legal News. (Medlock, Scott) (Entered: 08/24/2007) 30 Original ANSWER to Amended Complaint by Gary Lindsey, Lupe Valdez, Dallas County, Edgar McMillan (Westergard, Dolena) (Entered: 08/28/2007) 31 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Edgar McMillan. (Westergard, Dolena) (Entered: 08/28/2007) 32 Certificate of Disclosure by Edgar McMillan (Westergard, Dolena) (Entered: 08/28/2007) 33 *** DISREGARD - SEE DOC. 34 *** SETTLEMENT CONFERENCE REPORT by Prison Legal News, Gary Lindsey, Lupe Valdez, Dallas County, Edgar McMillan. (Westergard, Dolena) Modified on 9/21/2007 (Nunns, Tracy). (Entered: 09/20/2007) 34 SETTLEMENT CONFERENCE REPORT by Prison Legal News, Gary Lindsey, Lupe Valdez, Dallas County, Edgar McMillan. (Westergard, Dolena) (Entered: 09/21/2007) 35 MOTION for Summary Judgment by Prison Legal News with Brief/Memorandum in Support. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q) (Medlock, Scott) (Entered: 09/28/2007) 36 ***VACATED PER ORDER (Doc #38)***60-DAY ORDER OF DISMISSAL. (see order for specifics) (Signed by Judge Jorge A Solis on 10/5/2007) (tln) Modified on 12/20/2007 (skt). (Entered: 10/09/2007) 37 Consent Decree and Settlement Agreement by Plaintiff and Defendants.(Medlock, Scott) Modified on 12/10/2007 (lmp). (Entered: 12/07/2007)

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38 ORDER: This Court's 60-Day Order of Dismissal is VACATED; all claims by all parties in this action are DISMISSED with prejudice; and this Court retains jurisdiction to enforce the settlement. If reopening of the action to enforce settlement becomes necessary, it shall be reopened as though it had never been closed. (Signed by Judge Jorge A Solis on 12/19/2007) (tln) (Entered: 12/20/2007)

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