Case 1:14-cv-01957-JMS-DKL Document 1 Filed 11/26/14 Page 1 of 12 PageID #: 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER,

Case No.: 1:14-cv-1957

Plaintiff,
v.
THE GEO GROUP, INC., a Florida Corporation; KEITH BUTTS, individually and in his official capacity as Superintendent, New Castle Correctional Facility,

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CIVIL RIGHTS ACT 42 U.S.C. §1983 AND DAMAGES
JURY TRIAL DEMANDED

Defendants.

I. I

NTRODUCTION

1. Plaintiff, PRISON LEGAL NEWS (“PLN” or “Plaintiff”), a project of the Human

Rights Defense Center (“HRDC”), brings this action to en join Def endants’ censo rship of its

monthly journal, Prison Legal New s, m ailed to prisoners who are held in custod y at the New

Castle Correctional Facility, in v iolation of the First and Fou rteenth Amendments of the United

States Constitu tion. Defendants’ have a dopted and i mplemented m ail policies th at

unconstitutionally prohibit delivery of Plaintiff’s publication to pr isoners in their custody and do

not afford t he sender of censored m ail due pr ocess notice and an opportunity to challenge the

censorship as required by the Constitution.

II. J URISDICTION AND VENUE

2. This action is brought pursuant to 28 U.S.C. § 1331 (federal question), as this

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action arises under the Constitu tion and laws of the United States, and pursuant to 28 U.S.C. § 1343 (civil rights), as this action seeks redress for civil rights violations under 42 U.S.C. § 1983.
3. Venue is proper under 28 U.S.C. § 1391(b). On infor mation and belief, at least one Def endant resid es within this judicial dis trict, and th e even ts g iving r ise to the cla ims asserted herein all occurred within this judicial district.
4. Plaintiff’s claim s for r elief are predicated upon 42 U.S.C. § 1983, which authorizes actions to redress the deprivation, under color of state law, of rights, privileges and immunities secured to the Plaintif f by the First, Fifth, and Fourteen th Amendments to the U.S. Constitution and laws of the United States.
5. This Court has jurisdiction over claim s seeking declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 2202, and Rule 57 of the Federal Rules of Civil Procedure, as well as nominal and compensatory damages, against all Defendants.
6. Plaintiff’s claim for attorneys’ fees and costs is predicated upon 42 U.S.C. § 1988, which authorizes the award of attorneys’ fees and costs to prevailing plaintiffs in actions brought pursuant to 42 U.S.C. § 1983.
7. Plaintiff is infor med, believes, and base d thereon alleges that in engaging in the conduct alleged herein, Defendants acted with th e intent to injure, vex, annoy and harass Plaintiff, and subjected Plaintiff to cruel and unjust hardship in c onscious disregard of Plaintiff’s rights with the intention of causing Plaintiff injury and depriving it of its constitutional rights.
8. As a result of the forgoing, Plain tiff seeks exem plary and punitive dam ages against the individual Defendants.
III. P ARTIES 2

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9. Plaintiff, Prison Legal News (“PLN”), is a project of the Human Rights Defense Center (“H RDC”), a not-for-profit, W ashington charitable corporat ion recognized under § 501(c)(3) of the Internal Revenue Code with principal of fices in Lake W orth, Florida. PLN publishes Prison Legal News, a monthly journal of prison news and analysis.
10. Defendant, The GEO Group, Inc. (hereina fter “GEO”), is a Florida, for-profit corporation headquartered in Boca Raton, Flor ida. GEO provides corre ctional operation and management services to state and local gov ernments around the world and to the Indiana Department of Correction.
11. At all tim es material to this action, GEO contracted with the Indiana D epartment of Correction (hereinafter “IDOC”) to operate a nd manage the New Castle Corre ctional Facility (hereinafter “New Castle”) in New Castle, Indiana. New C astle confines a num ber of prisoners who have been prohibited by Defendants from receiving Plaintiff’s publications.
12. Defendant Keith Butts is the Superinte ndent of New Castle. Defendant Butts has ultimate responsibility for the promulgation and enforcement of all New Castle staff policies and procedures and is responsible for the overall management of the prison.
13. At all times material to this action, the actions of all Defendants as alleged herein were taken under the authority and color of state law.
14. At all relevant tim es, all Defendants we re acting within the course and scope of their employment as agents and/or employees of Defendant GEO.
IV. F ACTUAL ALLEGATIONS 15. PLN publishes and distributes a soft-cover m onthly journal titled Prison Legal News: Dedicated to Protecting Human Rights which contains news and analysis about prisons,
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jails and other detention facili ties, prisoners’ rights, court rulings, m anagement of prison facilities, prison conditions, and other m atters pertaining to th e rights and/or interests of incarcerated individuals.
16. PLN has thousands of subscribers in the United States and abroad, including prisoners, attorneys, journalists, public librarie s, judges, and m embers of the general public. PLN distributes its m onthly publication to pris oners and law librarians in approximately 2,400 correctional facilities located across all f ifty states, including the Federal Bureau of Prisons and the Indiana Department of Corrections.
17. The purpose of PLN, as stated in HRDC ’s Articles of Incor poration, Article III, Part 6, is to educate prisoners and the publ ic about the destru ctive nature of racism , sexism, and the economic and social costs of prisons to society.
18. PLN engages in core protected sp eech and expressiv e conduct on m atters of public concern, such as the operation of prison f acilities, prison conditions, prisoner health and safety, and prisoners’ rights. Pl aintiff’s monthly journal, as de scribed above, contains political speech and social comm entary, which are entitled to th e highest pro tection afforded by the U. S. Constitution.
19. For the past 24 years, the core of PLN’s m ission has been public education, advocacy and outreach on behalf of, and for the purpose of assisting, prisoners who seek legal redress for infringem ents of thei r constitution ally gu aranteed and other basic hum an rights. PLN’s mission, if realized, has a salutary effect on public safety.
20. Since February 2014, PLN has sent at le ast ninety (90) issues of its monthly journal to s ubscribers at New Castle. On inf ormation and belief, the following issues were not
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delivered to the following intended recipients:
February 2014 Christopher Adams Paul Land
March 2014 Christopher Adams Paul Land
April 2014 Christopher Adams Larry Cameron
May 2014 Christopher Adams Larry Cameron
June 2014 Christopher Adams Larry Cameron
July 2014 Christopher Adams Larry Cameron
August 2014 Christopher Adams Larry Cameron Donald R Jones Michael Martin Bryon McClain Oswaldo Santos
September 2014 Christopher Adams Larry Cameron Gary Anderson Robbie Bluck Thomas Boyd Michael Casteel Rocky Lee Critser Doug DeVore
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Brian Gray Ira Howard Terrence Isaacs Donald R Jones Greg Lambert John Lane-El Michael Martin Bryon McClain Todd Petty William E. Polk Oswaldo Santos Jarman Spurlock Michael Tatlock Charles Westerman Jose Zuniga
October 2014 Christopher Adams Larry Cameron Gary Anderson Robbie Bluck Thomas Boyd Michael Casteel Rocky Lee Critser Doug DeVore Brian Gray Ira Howard Terrence Isaacs Donald R Jones Greg Lambert John Lane-El Michael Martin Bryon McClain Todd Petty William E. Polk Oswaldo Santos Dylan Sinn Jarman Spurlock Michael Tatlock Charles Westerman Jose Zuniga
November 2014
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Christopher Adams Larry Cameron Gary Anderson Robbie Bluck Thomas Boyd Michael Casteel David Corbin Rocky Lee Critser Doug DeVore Brian Gray Ira Howard Terrence Isaacs Donald R Jones Greg Lambert John Lane-El Michael Martin Bryon McClain Todd Petty William E. Polk Oswaldo Santos Dylan Sinn Jarman Spurlock Michael Tatlock Charles Westerman Jose Zuniga
21. The reason that Defendants have determ ined not to allow New Castle prisoners to
receive Prison Legal News is that Prison Legal News contains advertisements from companies
that provide pen-pal services to prisoners. The Indiana Department of Correction has a policy,
applicable to New Castle, prohibiting prisoners from participating in pen-pal services.
22. GEO’s policy is explained in the attach ed memo (Exhibit 1) that was sent to the
population of New Castle by defendant Butts’ Executive Assistant.
23. Defendants’ policy has no rational basi s as m any publications that prisoners are
allowed to receive contain advert isements promoting the s ale of items and/or serv ices th at the
prisoners cannot access.
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24. PLN will continue to mail copies of Prison Legal News to subscribers imprisoned at New Castle.
25. There is no legitim ate penological reason for censorship of PLN’s monthly journal.
26. Defendants did not provide PLN, and s till has not provided PLN, with a ny notice of the rejection of the publications or with an y opportunity to appeal th eir decisions to censor PLN’s mail to prisoners in their custody.
27. The accommodation of PLN’s righ ts with respect to written speech p rotected by the Constitution, and the provision of due process of law, will not have any significant impact on the prison, its staff or prisoners.
28. Due to Defendants’ actions as describe d above, Plaintiff has suffered dam ages, and will continue to suffer dam ages, including, but not lim ited to: the violation of the Plaintiff’s constitutional r ights; th e im pediment of Plain tiff’s ability to dissem inate its politic al m essage; frustration of Plaintiff’s non-pr ofit organizational m ission; diversion of resources; loss of potential subscribers and custom ers; the inabi lity to recruit new subscribers and supporters; damage to its reputation; and the costs of printing, handling, mailing, and staff time.
IV. C LAIMS Count I – 42 U.S.C. § 1983 Violation of the First Amendment 29. Each paragraph of this Complaint is incorporated as if restated fully herein. 30. The acts described above constitute violat ions of Plaintiff’s rights, the rights of other correspondents w ho have attem pted to or intend to correspond w ith prisoners at New
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Castle, and the rights of prison ers confined at New Castle, unde r the First Am endment to the United States Constitution.
31. Plaintiff has a constitutionally protecte d liberty interest in comm unicating with incarcerated individuals, a right clearly established under existing case law.
32. The conduct of Defendants was object ively unreasonable a nd was undertaken intentionally with malice, willfulness, and reckless indifference to the rights of others.
33. Plaintiff’s injuries and th e violations of its constituti onal rights were directly and proximately caused by the policies and practices of Defendants, which were the m oving force of the violations.
34. The acts described above have caused dam ages to Plaintif f, and if not enjoined, will continue to cause damage to Plaintiff.
35. Plaintiff seeks declarat ory and injunctive relief, and nom inal, com pensatory and punitive damages against all Defendants.
Count II – 42 U.S.C. § 1983 Violation of the Fourteenth Amendment 36. Each paragraph of this Complaint is incorporated as if restated fully herein. 37. The acts described above constitute violat ions of Plaintiff’s rights, the rights of other correspondents w ho have attem pted to or intend to correspond w ith prisoners at New Castle, and the rights of prisone rs confined at Ne w Castle, un der the Fourteenth Amendment to the United States Constitution. 38. Because Plaintiff has a liberty interest in communicating with prisoners, PLN has a right under the Due Process Clause of the Four teenth Amendment to receive notice of and an
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opportunity to appeal Defendants’ decisions to censor PLN’s written speech.

39. Defendants’ policy and practice fail to provide Plaintiff and other senders with

notice and an opportunity to be heard.

40. The conduct of Defendants was object ively unreasonable a nd was undertaken

intentionally with malice, willfulness, and reckless indifference to the rights of others.

41. Plaintiff’s injuries and th e violations of its constituti onal rights were directly and

proximately caused by the policies and practices of Defendants, which were the m oving force of

the violation.

42. The acts described above have caused dam ages to Plaintif f, and if not enjoined,

will continue to cause damage to Plaintiff.

43. Plaintiff seeks declaratory and injunctiv e relief, and nom inal, compensatory, and

punitive damages against all Defendants.

Injunctive Allegations

44.

Defendants’ unconstitutional policies and practices ar e ongoing and continue to

violate Plaintiff’s constitutional rights and the rights of other correspondents and prisoners. As

such, there is no adequate remedy at law.

45. Plaintiff is entitled to injunctive re lief prohibiting Defendants from refusing to

deliver PL N’s m onthly journal. Plaintiff is also entitled to inju nctive re lief prohibitin g

Defendants from censoring mail without due process of law.

V. R EQUEST FOR RELIEF

WHEREFORE, the Plaintiff respectfully requests relief as follows:

46. A declaration that Defendants’ policies and practices violate the Constitution.

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47. Nominal damages for each violation of Plaintiff’s rights by the Defendants.
48. A preliminary and perm anent injuncti on preventing Defendants from continuing
to violate the Constitution, and providing other equitable relief.
49. Compensatory damages in an amount to be proved at trial.
50. Punitive damages against the Defendants in an amount to be proved at trial.
51. Costs, including reasonable attorn eys’ fees, under 42 U.S.C. § 1988, and under
other applicable law.
52. Any other such relief that this Court deems just and equitable.
s/ Kenneth J. Falk No. 6777-49
s/ Gavin M. Rose No. 26565-53
s/ Kelly R. Eskew No. 22953-49 ACLU of Indiana 1031 E. Washington St. Indianapolis, IN 46202 317/635-4059 fax: 317/635-4105 kfalk@aclu-in.org grose@aclu-in.org keskew@aclu-in.org
Matthew Topic Motion for Admission Pro Hac Vice to Be Filed Arthur Loevy Motion for Admission Pro Hac Vice to Be Filed Jon Loevy Motion for Admission Pro Hac Vice to Be Filed LOEVY & LOEVY 312 N. May Street, Ste. 100
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Chicago, IL 60607 (312) 243-5900 Lance Weber Motion for Admission Pro Hac Vice to Be Filed Sabarish Neelakanta Motion for Admission Pro Hac Vice to Be Filed Human Rights Defense Center PO Box 1151 Lake Worth, FL 33460 (561) 360-2523 Attorneys for Plaintiff JURY DEMAND Plaintiff, Prison Legal News, by and through its attorneys, hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) on all issues so triable.
s/ Kenneth Falk Kenneth Falk Attorney at Law
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 Case 1:14-cv-01957-JMS-DKL Document 23 Filed 01/22/15 Page 1 of 2 PageID #: 86

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

PRISON LEGAL NEWS, a project of

)

the HUMAN RIGHTS DEFENSE

)

CENTER,

)

)

Plaintiff,

)

)

v.

)

No. 1:14-cv-1957-JMS-DKL

)

THE GEO GROUP, INC., et al.,

)

)

Defendants.

)

Order Entering Consent Injunction

The parties having filed their Stipulation to Enter Consent Injunction, and the Court

having reviewed the matter, and being duly advised, finds that the consented to injunction should

be entered, and

IT IS THEREFORE ORDERED that the defendants are permanently enjoined as follows:

Defendants are enjoined from rejecting Prison Legal News at the New Castle Correctional Facility and from preventing prisoners at the facility from receiving the publication on the basis that it contains advertisements for goods or services, otherwise lawful, which are prohibited by DOC rules.

In the event that Defendants prevent prisoners at the facility from receiving any publication in the future, with publication defined as any book, booklet, pamphlet, magazine, periodical, or newsletter, Defendants agree to provide the sender of that rejected publication with a notification letter so as to inform the sender about the rejection of the publication. Defendants’ notification letter shall state the reason for the rejection and shall identify the name and date of the rejected publication, the name(s) of the prisoner(s) who were not allowed to receive the rejected publication, and shall provide the publisher or sender with an opportunity to appeal the rejection of the publication to the Defendant’s Eastern Regional Director of Operations.

Defendants shall post a copy of the Consent Injunction in the inmates’ living areas for a period of 90 days and shall maintain a copy of it in the New Castle law library.

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Defendants shall conduct a live training session wherein all New Castle mailroom staff persons are provided a copy of the Consent Injunction and are trained on the subject of the Consent Injunction Defendants shall, through their counsel, certify compliance with this provision in writing within 90 days of the entry of this order.
In light of the parties' stipulation, Plaintiff's Motion for Premilinary Injunction [dkt. 8] is DENIED AS MOOT.

January 22, 2015 To: All ECF-registered counsel of record

_______________________________
Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana

 
 FOR IMMEDIATE RELEASE
Mon., Dec. 1, 2014 Contact: Kelly Jones Sharp Director of Communications & Education Office: 317-635-4059 Ext. 122; Mobile: 317-490-5310

NEWS from the ACLU of Indiana
1031 E. Washington Street Indianapolis, IN 46202 www.aclu-in.org  317-635-4059
Paul Wright, Prison Legal News pwright@prisonlegalnews.org 561-360-2523

ACLU of Indiana Suit Seeks to Restore Access to Award-Winning Human Rights Publication

Indianapolis—The publishers of an award-winning magazine that reports on the rights of prisoners and criminal justice issues is seeking to restore access to its publication to residents of a privately run prison in New Castle, Indiana.

The American Civil Liberties Union of Indiana, along with attorneys from the organization publishing the magazine and attorneys from the Chicago law firm of Loevy and Loevy, brought the case on behalf of Prison Legal News, a project of the Human Rights Defense Center, against The GEO Group, a Florida company that runs the New Castle Correctional Facility, and the facility’s superintendent.

The suit contends that the prison is violating the plaintiff’s First and Fourteenth Amendment rights by preventing distribution of the magazine without showing a valid reason to withhold it from prisoners and by failing to afford the project notice and an opportunity to be heard when the publication is denied. Prison Legal News wants distribution of the magazine to resume and seeks an award for damages.
“There is no rational constitutional basis for the prison to deny access to this publication, which is distributed across the country and is a vital resource for those who are incarcerated,” said Ken Falk, ACLU of Indiana Legal Director. “The denial violates the most fundamental of rights – the right to engage in speech on matters of public concern and the right of due process.”

“It is alarming that a private, for-profit prison corporation is using Indiana tax dollars to censor publications that critically report on criminal justice news,” said PLN Editor Paul Wright. “The State of Indiana has hired GEO Group to imprison its citizens and now GEO is violating the First Amendment constitutional rights of PLN with that authority and with no oversight by the state.”

Prison Legal News received the 2013 First Amendment Award from the Society of Professional Journalists. The publication covers a wide range of topics that help prisoners with the adversities of life behind bars, focusing on rights and jail-related civil litigation.

Prison Legal News is represented by Ken Falk, ACLU of Indiana; Lance Weber and Sabarish Neelakanta, Human Rights Defense Center, Lake Worth, FL and Jon Loevy and Matt Topic, Loevy and Loevy, Chicago, Illinois. The case, Prison Legal News v. The GEO Group, Inc., 1:14-cv-01957-JMS-DKL was filed on Nov. 26, 2014 in the U.S. District Court for the Southern District of Indiana, Indianapolis Division.

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 11/4/2017

CM/ECF LIVE
U.S. District Court Southern District of Indiana (Indianapolis) CIVIL DOCKET FOR CASE #: 1:14-cv-01957-JMS-DKL

CMP,CLOSED

PRISON LEGAL NEWS v. THE GEO GROUP, INC. et al Assigned to: Judge Jane Magnus-Stinson Referred to: Magistrate Judge Denise K. LaRue Cause: 42:1983 Civil Rights Act

Date Filed: 11/26/2014 Date Terminated: 08/17/2015 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff
PRISON LEGAL NEWS a project of the Human Rights Defense Center

represented by Gavin Minor Rose ACLU OF INDIANA 1031 E. Washington Street Indianapolis, IN 46202 317-635-4059 ext.106 Fax: 317-635-4105 Email: grose@aclu-in.org ATTORNEY TO BE NOTICED

Lance Theodore Weber HUMAN RIGHTS DEFENSE CENTER PO BOX 1151 Lake Worth, FL 33460 561-360-2523 Fax: 566-735-7136 Email: lweber@humanrightsdefensecenter.org ATTORNEY TO BE NOTICED

Sabarish Neelakanta HUMAN RIGHTS DEFENSE CENTER PO BOX 1151 LAKE WORTH, FL 33460 561-360-2523 Fax: 566-735-7136 Email: sneelakanta@humanrightsdefensecenter.org ATTORNEY TO BE NOTICED

Kenneth J. Falk ACLU OF INDIANA 1031 East Washington Street Indianapolis, IN 46202-3952 (317) 635-4059 x104 Fax: (317) 635-4105 Email: kfalk@aclu-in.org ATTORNEY TO BE NOTICED

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V. Defendant THE GEO GROUP, INC. . a Florida Corporation
Defendant KEITH BUTTS . individually and in his ofﬁcial capacity as Superintendent, New Castle Correctional Facility

CM/ECF LIVE
represented by Adam Garth Forrest BOSTON BEVER KLINGE CROSS & CHIDESTER 27 North Eighth Street Richmond, IN 47374 (765) 962-7527 Fax: (765) 966-4597 Email: aforrest@bbkcc.com ATTORNEY TO BE NOTICED
represented by Adam Garth Forrest (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

11/26/2014

1 COMPLAINT for Declaratory and Injunctive Relief Under the Civil Rights Act 42 USC 1983 and Damages against All Defendants, ﬁled by PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER. (Filing fee $400, receipt number 07563269109) (Attachments: # 1 Exhibit Prison Legal News Memo, # 2 Proposed Summons, # 3 Civil Cover Sheet)(Falk, Kenneth) (Entered: 11/26/2014)

11/26/2014

2 NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER. (Falk, Kenneth) (Entered: 11/26/2014)

11/26/2014

3 Corporate Disclosure Statement by PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER. (Falk, Kenneth) (Entered: 11/26/2014)

11/26/2014

4 NOTICE of Appearance by Kelly R. Eskew on behalf of Plaintiff PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER. (Eskew, Kelly) (Entered: 11/26/2014)

12/01/2014

5 NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER. (Rose, Gavin) (Entered: 12/01/2014)

12/01/2014

6 MOTION for Attorney(s) Sabarish Neelakanta to Appear pro hac vice (Filing fee $30, receipt number 0756-3270875), ﬁled by Plaintiff PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER. (Attachments: # 1 Afﬁdavit In Support of Motion, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/01/2014)

12/01/2014

7 MOTION for Attorney(s) Lance Weber to Appear pro hac vice (Filing fee $30, receipt number 0756-3270906), ﬁled by Plaintiff PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER. (Attachments: # 1 Afﬁdavit in Support of Motion, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/01/2014)

12/01/2014

8 MOTION for Preliminary Injunction , ﬁled by Plaintiff PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER. (Attachments: # 1 Text of Proposed Order) (Falk, Kenneth) (Entered: 12/01/2014)

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12/01/2014 12/01/2014 12/09/2014 12/09/2014 12/10/2014 12/10/2014 12/18/2014 12/20/2014 12/24/2014
01/13/2015 01/14/2015
01/21/2015

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9 Summonses Issued as to KEITH BUTTS and GEO GROUP, INC. (DJH) (Entered: 12/01/2014)
10 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 12/01/2014)
11 NOTICE of Appearance by Adam Garth Forrest on behalf of Defendants KEITH BUTTS, GEO GROUP, INC.. (Forrest, Adam) (Entered: 12/09/2014)
12 Corporate Disclosure Statement by GEO GROUP, INC.. (Forrest, Adam) (Entered: 12/09/2014)
13 ORDER granting 6 Motion to Appear pro hac vice. Attorney Sabarish Neelakanta for PRISON LEGAL NEWS added. Signed by Magistrate Judge Denise K. LaRue on 12/10/2014 (dist made) (CBU) (Entered: 12/10/2014)
14 ORDER granting 7 Motion to Appear pro hac vice. Attorney Lance Weber for PRISON LEGAL NEWS added. Signed by Magistrate Judge Denise K. LaRue on 12/10/2014 (dist made) (CBU) (Entered: 12/10/2014)
15 SCHEDULING ORDER: Status Conference set for 12/22/2014 at 04:00 PM before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 12/18/2014.(REO) (Entered: 12/18/2014)
17 First MOTION for Extension of Time to 01/22/2015 in which to Respond to 1 Complaint , ﬁled by Defendants KEITH BUTTS, GEO GROUP, INC. (Attachments: # 1 Text of Proposed Order)(Forrest, Adam) Modiﬁed on 12/20/2014 (BGT). (Entered: 12/20/2014)
18 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 12/22/2014 - Parties discussed case status and discovery. The parties need time to work out an agreement to resolve the injunction issue. Plaintiff is to provide a draft proposal to Defendants by December 31, 2014; and Defendants are to respond to such proposal on or before January 9, 2015. If necessary, the parties have agreed to the following brieﬁng schedule for the preliminary injunction motion ("PI"): Plaintiff will ﬁle its brief in support of the PI by January 14, 2015; Defendants shall ﬁle their response on or before by January 30, 2015; and, any reply shall be ﬁled on or before February 10, 2015. Defendants' 17 Motion for Extension of Time is unopposed, and therefore, GRANTED. The Defendants, shall have up to and including January 22, 2015, within which to respond to the Plaintiff's Complaint. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) Modiﬁed on 12/24/2014 (REO). (copies mailed to unregistered counsel) (Entered: 12/24/2014)
19 Joint MOTION to Vacate Current Preliminary Injunction Brieﬁng Schedule, ﬁled by Plaintiff PRISON LEGAL NEWS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/13/2015)
20 ORDER granting Parties' 19 Joint Motion to Vacate the Current Brieﬁng Schedule. IT IS ORDERED that the current preliminary injunction brieﬁng schedule is VACATED, and, IT IS FURTHER ORDERED that no later than two weeks from this date the parties shall ﬁle any agreement they have reached designed to render plaintiff's preliminary injunction request moot or, if no such agreement has been reached, a proposed new schedule for the brieﬁng of the preliminary injunction motion. Signed by Judge Jane Magnus-Stinson on 1/14/2015. (BGT) (Entered: 01/14/2015)
21 STIPULATION , re 8 MOTION for Preliminary Injunction , ﬁled by Defendants KEITH BUTTS, GEO GROUP, INC.. (Attachments: # 1 Text of Proposed Order)(Forrest, Adam) (Entered: 01/21/2015)

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01/21/2015 01/22/2015
01/30/2015
02/05/2015 02/12/2015
03/02/2015 03/13/2015
03/13/2015 03/26/2015 03/26/2015 03/27/2015 03/28/2015 03/30/2015

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22 ANSWER to 1 Complaint , ﬁled by All Defendants.(Forrest, Adam) (Entered: 01/21/2015)
23 ORDER ENTERING CONSENT INJUNCTION. The parties having ﬁled their Stipulation to Enter Consent Injunction, and the Court having reviewed the matter, and being duly advised, ﬁnds that the consented to injunction should be entered, and IT IS THEREFORE ORDERED that the defendants are permanently enjoined as follows: SEE ORDER FOR DETAILS. In light of the parties' stipulation, Plaintiff's 8 Motion for Premilinary Injunction is DENIED AS MOOT. Signed by Judge Jane Magnus-Stinson on 1/22/2015. (BGT) (Entered: 01/23/2015)
24 SCHEDULING ORDER - This matter is scheduled for a telephone status conference on MONDAY, FEBRUARY 23, 2015, AT 11:00 A.M., EASTERN. The purpose of the conference is to discuss case brieﬁng on attorney fees and/or damages. Counsel will receive call-in information for the conference via separate email notiﬁcation. Signed by Magistrate Judge Denise K. LaRue on 1/30/2015.(MGG) (Entered: 01/30/2015)
25 First MOTION for Continuance of Telephonic Status Conference, ﬁled by Defendants KEITH BUTTS, GEO GROUP, INC.. (Attachments: # 1 Text of Proposed Order)(Forrest, Adam) (Entered: 02/05/2015)
26 ORDER granting 25 Defendants' Motion to Continue Telephonic Status Conference - The Telephonic Status Conference scheduled for 2/23/2015, at 11:00 AM is VACATED and RESET for 3/5/2015, at 4:00 PM, Eastern, before Magistrate Judge Denise K. LaRue. Counsel will receive call-in instructions via separate email notiﬁcation. Copy sent to Lance Weber & Sabarish Neelakanta via US Mail. Signed by Magistrate Judge Denise K. LaRue on 2/12/2015.(JLM) (Entered: 02/12/2015)
28 CASE MANAGEMENT PLAN TENDERED, ﬁled by Plaintiff PRISON LEGAL NEWS . (Falk, Kenneth) (Entered: 03/02/2015)
29 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 03/05/2015 - Parties discussed the damages and attorney fee issue. Parties have submitted proposed case management plan which was reviewed and approved as amended. Telephonic Status Conference set for 6/9/2015 at 08:30 AM before Magistrate Judge Denise K. LaRue. Counsel will receive call-in instructions for the conference via separate email notiﬁcation. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 03/13/2015)
30 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 9/26/2015. Dispositive Motions due by 11/26/2015. Signed by Magistrate Judge Denise K. LaRue on 3/13/2015.(MGG) (Entered: 03/16/2015)
31 NOTICE of Service of Initial Disclosures , ﬁled by Defendants KEITH BUTTS, GEO GROUP, INC.. (Forrest, Adam) (Entered: 03/26/2015)
32 NOTICE of Service of Initial Disclosures , ﬁled by Plaintiff PRISON LEGAL NEWS. (Falk, Kenneth) (Entered: 03/26/2015)
33 MOTION for Scheduling of Settlement Conference, ﬁled by Defendants KEITH BUTTS, GEO GROUP, INC.. (Attachments: # 1 Text of Proposed Order)(Forrest, Adam) (Entered: 03/27/2015)
34 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (MRI) (Entered: 03/28/2015)
35 ORDER - granting 33 Motion for Scheduling of a Settlement Conference; The Motion is in proper order and the settlement conference before Magistrate Judge Denise K. Larue shall be scheduled, together with additional orders concerning the obligations of the parties with

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respect to the same, by separate entry. Signed by Magistrate Judge Denise K. LaRue on 3/30/2015. (CKM) (Entered: 03/30/2015)
36 Witness List -Preliminary-, ﬁled by Plaintiff PRISON LEGAL NEWS, Exhibit List Preliminary-, ﬁled by Plaintiff PRISON LEGAL NEWS. (Falk, Kenneth) (Entered: 04/24/2015)
37 SCHEDULING ORDER - This matter is scheduled for a settlement conference on WEDNESDAY, JULY 1, 2015, AT 9:30 A.M., EASTERN, in Room 255, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Denise K. LaRue. **SEE ORDER**. Signed by Magistrate Judge Denise K. LaRue on 4/24/2015. (MGG) (Entered: 04/27/2015)
38 First MOTION for Continuance of Settlement Conference, ﬁled by Defendants KEITH BUTTS, GEO GROUP, INC.. (Attachments: # 1 Text of Proposed Order)(Forrest, Adam) (Entered: 05/07/2015)
39 MOTION to Withdraw Attorney Appearance , ﬁled by Plaintiff PRISON LEGAL NEWS. (Attachments: # 1 Text of Proposed Order)(Eskew, Kelly) (Entered: 05/08/2015)
40 ORDER granting 38 Motion for Continuance-Settlement Conference reset for 8/10/2015 01:30 PM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 5/13/2015.(CBU) (Entered: 05/14/2015)
41 ORDER granting 39 Motion to Withdraw Attorney Appearance. The appearance of Kelly R. Eskew shall be withdrawn effective May 15, 2015. Signed by Magistrate Judge Denise K. LaRue on 5/15/2015. (MGG) (Entered: 05/18/2015)
42 Witness List , preliminary, ﬁled by Defendants KEITH BUTTS, GEO GROUP, INC., Exhibit List , preliminary, ﬁled by Defendants KEITH BUTTS, GEO GROUP, INC.. (Forrest, Adam) (Entered: 05/26/2015)
43 Unopposed MOTION for Extension of Time to 06/25/2015 to Add Parties and Amend Pleadings, ﬁled by Plaintiff PRISON LEGAL NEWS. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 05/26/2015)
44 NOTICE of Correction to 43 Unopposed Motion to Extend Deadline to Add Parties or Amend Pleadings, ﬁled by Plaintiff PRISON LEGAL NEWS (Falk, Kenneth) (Entered: 05/26/2015)
45 ORDER - granting 43 Motion to extend time for case management deadline for adding parties or amending pleadings is hereby extended to June 25, 2015. Signed by Magistrate Judge Denise K. LaRue on 5/27/2015. (CKM) (Entered: 05/27/2015)
47 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 6/9/2015 - Parties discussed case status, discovery, and settlement. Due to Defendant's counsel's scheduling conﬂict and the parties desire to have an earlier settlement conference, the settlement conference is moved from August 10, 2015 to THURSDAY, JULY 30, 2015 AT 1:30 P.M. in Room 255 of the U.S. Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. In preparation for a productive settlement conference, Defendant is directed to provide an offer in response to Plaintiff's April 27, 2015, settlement demand on or before June 12, 2015. Counsel shall email a courtesy copy of the response to this Magistrate Judge at MJLarue@insd.uscourts.gov. All mandates of the Court's Order Setting Settlement Conference [Dkt. 37] remain valid and shall be followed by the parties or their counsel, as applicable. Plaintiff orally moved to extend the time to add parties or otherwise amend the pleadings to a period ending 30 days after the settlement conference. Defendant had no objection, so the motion is granted and the

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deadline to amend and/or add parties is now extended from June 25, 2015 to August 30, 2015. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 06/09/2015)
48 MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Settlement Conference held on 7/30/2015 - Conference concluded and matter is now resolved. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 08/06/2015)
49 ORDER TO FILE STIPULATION OF DISMISSAL: The parties having notiﬁed the Court that this case settled, the Court hereby orders parties to ﬁle their Stipulation of Dismissal on or before SEPTEMBER 7, 2015. Any previously-ordered dates and deadlines are VACATED and any pending motions, except for motions to seal, are DENIED as MOOT. Signed by Magistrate Judge Denise K. LaRue on 8/7/2015.(SWM) (Entered: 08/07/2015)
50 STIPULATION of Dismissal , ﬁled by Defendant GEO GROUP, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Consent Injunction, # 3 Exhibit Settlement Agreement)(Forrest, Adam) (Entered: 08/14/2015)
51 ORDER approving Parties' 50 Stipulation of Dismissal with prejudice, each party to bear its own costs accrued up to the date that this Order in entered by the Court. Signed by Judge Jane Magnus-Stinson on 8/17/2015. Distribution made. (BGT) (Entered: 08/17/2015)
52 MOTION for Copies, ﬁled by non-party DAVID W. HAYDEN. (Attachments: # 1 Envelope) (BGT) (Entered: 02/19/2016)
53 MARGINAL ENTRY regarding Mr. Hayden's 52 Motion for Copies. The clerk is directed to provide a copy of dkt. 50-2 to Mr. Hayden. Signed by Judge Jane Magnus-Stinson on 3/11/2016. Copy sent to Mr. Hayden via U.S. Mail. (BGT) (Entered: 03/14/2016)

Case #: 1:14-cv-01957-JMS-DKL

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