U.S. District Court CENTRAL DISTRICT OF ILLINOIS (Springfield) CIVIL DOCKET FOR CASE #: 3:18-cv-03230-SEM-TSH

Thompson v. Baldwin et al Assigned to: Judge Sue E. Myerscough Referred to: Magistrate Judge Tom Schanzle-Haskins Cause: 42:1983 Civil Rights Act

Date Filed: 09/13/2018 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Heather Ann Thompson

represented by Eric S Mattson SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 312-853-4716 Fax: 312-853-7036 Email: emattson@sidley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alan Mills UPTOWN PEOPLE'S LAW CENTER 4413 North Sheridan Chicago, IL 60640 (773) 769-1411 Fax: 773-769-2224 Email: alan@uplcchicago.org ATTORNEY TO BE NOTICED

Angelo J Suozzi SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 312-853-7484 Fax: 312-853-7036 Email: asuozzi@sidley.com ATTORNEY TO BE NOTICED

Bridget Kate Geraghty UPTOWN PEOPLE'S LAW CENTER 4413 N Sheridan

Chicago, IL 60640 773-769-1411 Fax: 773-769-2224 Email: bridget@uplcchicago.org ATTORNEY TO BE NOTICED
Elizabeth N Mazur HUGHES SOCOL PIERS RESNICK & DYM LTD Suite 4000 70 W Madison St Chicago, IL 60602 312-604-2636 Email: emazur@hsplegal.com TERMINATED: 05/05/2020 ATTORNEY TO BE NOTICED
Jillian S Stonecipher SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 312-853-7403 Fax: 312-853-7036 Email: jstonecipher@sidley.com ATTORNEY TO BE NOTICED
Leslie Elaine Kuhn-Thayer SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 312-853-7000 Fax: 312-853-7036 Email: lkuhntha@sidley.com ATTORNEY TO BE NOTICED
Nicole Rae Schult UPTOWN PEOPLE'S LAW CENTER 4413 North Sheridan Chicago, IL 60640 773-769-1411 Fax: 773-769-2224 Email: nicole@uplcchicago.org ATTORNEY TO BE NOTICED
Benjamin R Brunner

V.
Defendant
John R Baldwin Director of IDOC

SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 312-853-7000 Fax: 312-853-7036 Email: bbrunner@sidley.com ATTORNEY TO BE NOTICED
represented by Brett R Furmanski OFFICE OF THE ATTORNEY GENERAL 500 South Second Street Springfield, IL 62701 217-782-5022 Fax: 217-524-5091 TERMINATED: 09/28/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey A Shuck ILLINOIS ATTORNEY GENERAL 500 S Second St Springfield, IL 62701 217-782-1841 Fax: 217-524-5091 TERMINATED: 03/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayton J Ankney OFFICE OF THE ATTORNEY GENERAL 500 South Second Street Springfield, IL 62701 217-782-1841 Fax: 217-782-8767 TERMINATED: 09/30/2020 ATTORNEY TO BE NOTICED
Jeremy C Tyrrell OFFICE OF THE ATTORNEY GENERAL

Defendant
Michael Melvin Warden of Pontiac Correctional Center

500 South Second Street Springfield, IL 62701 217-782-1841 Fax: 217-782-8767 TERMINATED: 09/30/2020 ATTORNEY TO BE NOTICED
Lisa A Cook ILLINOIS ATTORNEY GENERAL 500 S Second St Springfield, IL 62701 217-782-9014 Fax: 217-524-5091 Email: lcook@atg.state.il.us ATTORNEY TO BE NOTICED
Megan Ann Ditzler ILLINOIS ATTORNEY GENERAL 500 S Second St Springfield, IL 62706 217-782-1841 Fax: 217-782-8767 Email: mditzler@atg.state.il.us ATTORNEY TO BE NOTICED
represented by Brett R Furmanski (See above for address) TERMINATED: 09/28/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey A Shuck (See above for address) TERMINATED: 03/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayton J Ankney (See above for address) TERMINATED: 09/30/2020 ATTORNEY TO BE NOTICED
Jeremy C Tyrrell (See above for address) TERMINATED: 09/30/2020

Defendant Glen Austin Warden of Logan Correctional Center TERMINATED: 04/30/2019
Defendant Does 1-10 All employed by or agents of IDOC TERMINATED: 04/30/2019 Defendant Teri Kennedy Warden of Pontiac Correctional Center

ATTORNEY TO BE NOTICED
Lisa A Cook (See above for address) ATTORNEY TO BE NOTICED
Megan Ann Ditzler (See above for address) ATTORNEY TO BE NOTICED
represented by Brett R Furmanski (See above for address) TERMINATED: 09/28/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey A Shuck (See above for address) TERMINATED: 03/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeffrey A Shuck (See above for address) TERMINATED: 03/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayton J Ankney (See above for address) TERMINATED: 09/30/2020 ATTORNEY TO BE NOTICED
Jeremy C Tyrrell (See above for address) TERMINATED: 09/30/2020 ATTORNEY TO BE NOTICED

Defendant David Meredith Publication Review Officer at Pontiac Correctional Center
Defendant Emily Ruskin Assistant Warden Programs of Pontiac Correctional Center

Lisa A Cook (See above for address) ATTORNEY TO BE NOTICED
Megan Ann Ditzler (See above for address) ATTORNEY TO BE NOTICED
represented by Jeffrey A Shuck (See above for address) TERMINATED: 03/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayton J Ankney (See above for address) TERMINATED: 09/30/2020 ATTORNEY TO BE NOTICED
Jeremy C Tyrrell (See above for address) TERMINATED: 09/30/2020 ATTORNEY TO BE NOTICED
Lisa A Cook (See above for address) ATTORNEY TO BE NOTICED
Megan Ann Ditzler (See above for address) ATTORNEY TO BE NOTICED
represented by Jeffrey A Shuck (See above for address) TERMINATED: 03/11/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayton J Ankney (See above for address) TERMINATED: 09/30/2020 ATTORNEY TO BE NOTICED

Jeremy C Tyrrell (See above for address) TERMINATED: 09/30/2020 ATTORNEY TO BE NOTICED
Lisa A Cook (See above for address) ATTORNEY TO BE NOTICED
Megan Ann Ditzler (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/13/2018
09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/27/2018

# Docket Text
1 COMPLAINT against Glen Austin (Warden), John R. Baldwin (Director), Illinois Department of Corrections, Michael Melvin (Warden) ( Filing fee $ 400 receipt number 0753-2926487.), filed by Heather Ann Thompson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 Summons)(Brunner, Benjamin) (Entered: 09/13/2018)
2 NOTICE of Appearance of Attorney by Benjamin R Brunner on behalf of Heather Ann Thompson (Brunner, Benjamin) (Entered: 09/13/2018)
3 Summons Issued as to Glen Austin, John R Baldwin, and Michael Melvin. Originals returned to attorneys to effectuate service. (GL, ilcd) Modified on 9/13/2018 (GL, ilcd). (Entered: 09/13/2018)
4 NOTICE of Appearance of Attorney by Alan Mills on behalf of All Plaintiffs (Mills, Alan) (Entered: 09/13/2018)
5 NOTICE of Appearance of Attorney by Nicole Rae Schult on behalf of Heather Ann Thompson (Schult, Nicole) (Entered: 09/13/2018)
6 NOTICE of Appearance of Attorney by Elizabeth N Mazur on behalf of Heather Ann Thompson (Mazur, Elizabeth) (Entered: 09/13/2018)
7 NOTICE of Appearance of Attorney by Eric S Mattson on behalf of Heather Ann Thompson (Mattson, Eric) (Entered: 09/13/2018)
8 NOTICE of Appearance of Attorney by Brett R Furmanski on behalf of Glen Austin, John R Baldwin, Michael Melvin (Furmanski, Brett) (Entered: 09/27/2018)

09/27/2018

9 MOTION to Withdraw as Attorney by Defendants Glen Austin, John R Baldwin, Michael Melvin. Responses due by 10/11/2018 (Furmanski, Brett) (Entered: 09/27/2018)

09/27/2018 10 NOTICE of Appearance of Attorney by Jeffrey A Shuck on behalf of Glen Austin, John R Baldwin, Michael Melvin (Shuck, Jeffrey) (Entered: 09/27/2018)

09/28/2018

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion to Withdraw as Counsel 9 Assistant Attorney General Brett Furmanski is ALLOWED. Defendants continue to be represented by Assistant Attorney General Jeffrey Schuck. (LB, ilcd) (Entered: 09/28/2018)

10/02/2018

11 SUMMONS Returned Executed by Heather Ann Thompson. John R Baldwin served on 9/14/2018, answer due 10/5/2018. (Brunner, Benjamin) (Entered: 10/02/2018)

10/02/2018 12 SUMMONS Returned Executed by Heather Ann Thompson. Glen Austin served on 9/17/2018, answer due 10/9/2018. (Brunner, Benjamin) (Entered: 10/02/2018)

10/02/2018

13 SUMMONS Returned Executed by Heather Ann Thompson. Michael Melvin served on 9/21/2018, answer due 10/12/2018. (Brunner, Benjamin) (Entered: 10/02/2018)

10/04/2018 14 MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants Glen Austin, John R Baldwin, Michael Melvin. Responses due by 10/18/2018 (Shuck, Jeffrey) (Entered: 10/04/2018)

10/05/2018

TEXT ORDER entered by U.S. Magistrate Judge Tom SchanzleHaskins. Defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint 14 is ALLOWED. Extension granted to 10/26/2018 for Defendants Baldwin, Melvin, and Austin to answer or otherwise plead. (LB, ilcd) (Entered: 10/05/2018)

10/26/2018

15 Second MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants Glen Austin, John R Baldwin, Michael Melvin. Responses due by 11/9/2018 (Shuck, Jeffrey) (Entered: 10/26/2018)

10/29/2018

16 MEMORANDUM in Opposition re 15 Second MOTION for Extension of Time to File Answer re 1 Complaint, filed by Plaintiff Heather Ann Thompson. (Brunner, Benjamin) (Entered: 10/29/2018)

10/29/2018

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Second Motion for Extension of Time to Respond to

Plaintiff's Complaint 15 is ALLOWED over the objection of Plaintiff 16 . However, no further extensions will be granted. (Glen Austin, John R Baldwin, Michael Melvin answer due 11/16/2018.) (LB, ilcd) (Entered: 10/29/2018)

11/16/2018 17 ANSWER to 1 Complaint, AND AFFIRMATIVE DEFENSES by Glen Austin, John R Baldwin, Michael Melvin.(Shuck, Jeffrey) (Entered: 11/16/2018)

11/20/2018

NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Thursday, 1/3/2019, at 9:30 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 12/28/2018. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd) (Entered: 11/20/2018)

11/30/2018 18 REPORT of Rule 26(f) Planning Meeting by Heather Ann Thompson. (Brunner, Benjamin) (Entered: 11/30/2018)

12/05/2018

19 AMENDED COMPLAINT against Glen Austin, John R Baldwin, Does 1-10, Michael Melvin, filed by Heather Ann Thompson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brunner, Benjamin) (Entered: 12/05/2018)

12/06/2018 20 NOTICE of Appearance of Attorney by Jillian S Stonecipher on behalf of Heather Ann Thompson (Stonecipher, Jillian) (Entered: 12/06/2018)

12/19/2018

21 ANSWER to 19 Amended Complaint And Affirmative Defenses by Glen Austin, John R Baldwin, Michael Melvin.(Shuck, Jeffrey) (Entered: 12/19/2018)

01/03/2019

22 MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Telephonic Rule 16 Scheduling Conference held on 1/3/2019 with Attorneys Elizabeth Mazur, Jillian Stonecipher, Benjamin Brunner, and Jeffrey Shuck. Written Scheduling Order to

follow. Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached form. (LB, ilcd) (Entered: 01/03/2019)

01/03/2019

23 SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Amended Pleadings due by 4/12/2019; Joinder of Parties due by 4/12/2019; Identification of Doe Defendants due by 4/12/2019; Fact Discovery due by 5/24/2019; Plaintiff`s Expert Disclosure due by 6/14/2019; Defendant`s Expert Disclosure due by 7/26/2019; Expert Discovery due by 8/9/2019; Dispositive Motions due by 9/9/2019. Final Pretrial Conference set 2/3/2020 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 2/18/2020 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set Monday, 8/5/2019, at 11:00 AM (court will place call) before Magistrate Judge SchanzleHaskins. See written order. (Attachments: #(1) Mediation Memo, #(2) Courtroom Technology Brochure) (LB, ilcd) (Entered: 01/04/2019)

03/01/2019

24 MOTION to Compel by Plaintiff Heather Ann Thompson. Responses due by 3/15/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order)(Mattson, Eric) (Entered: 03/01/2019)

03/15/2019

25 RESPONSE to Motion re 24 MOTION to Compel Responses to Plaintiff's First Set of Requests For Production filed by Defendants Glen Austin, John R Baldwin, Michael Melvin. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shuck, Jeffrey) (Entered: 03/15/2019)

03/15/2019

26 MOTION to Compel Responses to Plaintiff's First Set of Interrogatories by Plaintiff Heather Ann Thompson. Responses due by 3/29/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Mattson, Eric) (Entered: 03/15/2019)

03/18/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion to Compel Responses to Plaintiff's First Set of Requests for Production 24 (Motion 24) is DENIED as moot. Defendants have complied. Response to Motion 24 25 . Plaintiff agrees Motion 24 is moot once Defendants have complied. See Motion 24, at 1. (LB, ilcd) (Entered: 03/18/2019)

03/29/2019

27 MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Compel Responses to Plaintiff's First Set of Interrogatories by Defendants Glen Austin, John R Baldwin, Michael Melvin. Responses due by 4/12/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shuck, Jeffrey) (Entered: 03/29/2019)

04/01/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion for Extension of Time to Respond to Plaintiff's Motion to Compel Responses to Plaintiff's First Set of Interrogatories 27 ALLOWED. Extension granted to 4/3/2019. (LB, ilcd) (Entered: 04/01/2019)

04/03/2019

28 RESPONSE to Motion re 26 MOTION to Compel Responses to Plaintiff's First Set of Interrogatories filed by Defendants Glen Austin, John R Baldwin, Michael Melvin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Shuck, Jeffrey) (Entered: 04/03/2019)

04/04/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion to Compel Responses to Plaintiff's First Set of Interrogatories 26 (Motion 26) is DENIED as moot. Defendants have complied. Response to Motion 26 28 . Plaintiff agrees Motion 26 is moot once Defendants have complied. See Motion 26, at 1. (LB, ilcd) (Entered: 04/04/2019)

04/11/2019

29 MOTION for Extension of Time to File A Motion To Join Parties Or Amend Pleadings (Agreed) by Plaintiff Heather Ann Thompson. Responses due by 4/25/2019 (Stonecipher, Jillian) (Entered: 04/11/2019)

04/12/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Agreed Motion for Extension of Time to File a Motion to Join Parties or Amend Pleadings 29 ALLOWED. Extension granted to 4/26/2019. (LB, ilcd) (Deadlines reset: Amended Pleadings due by 4/26/2019; Joinder of Parties due by 4/26/2019) (Entered: 04/12/2019)

04/24/2019 30 MOTION for Leave to File Second Amended Complaint by Plaintiff Heather Ann Thompson. Responses due by 5/8/2019 (Attachments: # 1 Exhibit A)(Stonecipher, Jillian) (Entered: 04/24/2019)

04/25/2019

31 Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Heather Ann Thompson. Responses due by 5/9/2019 (Brunner, Benjamin) (Entered: 04/25/2019)

04/30/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Unopposed Motion for Leave to File Second Amended Complaint 30 (Motion) is ALLOWED. Clerk is directed to file the Second Amended Complaint [30-1] attached to the Motion and to update the Defendants listed on the docket sheet in this case to conform with the Second Amended Complaint. Entered on 4/30/2019. (GL, ilcd) (Entered: 04/30/2019)

04/30/2019 32 SECOND AMENDED COMPLAINT against All Defendants, filed by Heather Ann Thompson.(GL, ilcd) (Entered: 04/30/2019)

05/01/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion for Extension of Time to Complete Fact Discovery 31 ALLOWED. Fact discovery deadline extended to 6/21/2019. All other deadlines and settings remain as previously scheduled. (LB, ilcd) (Entered: 05/01/2019)

05/08/2019 33 Joint MOTION to Amend/Correct scheduling order by Plaintiff Heather Ann Thompson. Responses due by 5/22/2019 (Brunner, Benjamin) (Entered: 05/08/2019)

05/09/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion to Amend Scheduling Order 33 ALLOWED. Plaintiff`s Expert Disclosure deadline extended to 7/12/2019; Defendant`s Expert Disclosure deadline extended to 8/23/2019; Expert Discovery deadline extended to 9/6/2019; Dispositive Motions deadline extended to 10/7/2019. Telephonic Status Conference set 8/5/2019 is CANCELLED and reset Monday, 9/9/2019, at 10:00 AM (court will place call) before Magistrate Judge Schanzle-Haskins. Final pretrial and jury trial settings remain as previously scheduled. (LB, ilcd) (Entered: 05/09/2019)

05/14/2019

34 MOTION for Extension of Time to File Answer re 32 Amended Complaint by Defendants John R Baldwin, Michael Melvin. Responses due by 5/28/2019 (Shuck, Jeffrey) (Entered: 05/14/2019)

05/16/2019 35 NOTICE of Appearance of Attorney by Jeffrey A Shuck on behalf of Teri Kennedy, David Meredith, Emily Ruskin (Shuck, Jeffrey) (Entered: 05/16/2019)

05/16/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants Baldwin and Melvin's Motion for Extension of Time to Respond to Plaintiff's Second Amended Complaint 34 is ALLOWED. Extension granted to 6/4/2019 for Defendants Baldwin and Melvin to answer or otherwise plead to Plaintiff's Second Amended Complaint. (LB, ilcd) (Entered: 05/16/2019)

06/04/2019 36 ANSWER to 32 Amended Complaint and Affirmative Defenses by John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin.(Shuck, Jeffrey) (Entered: 06/04/2019)

06/19/2019

37 Joint MOTION to Amend/Correct Scheduling Order by Plaintiff Heather Ann Thompson. Responses due by 7/3/2019 (Brunner, Benjamin) (Entered: 06/19/2019)

06/21/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion to Amend Scheduling Order 37 is ALLOWED. Deadlines extended as follows: Fact Discovery due by 7/19/2019; Plaintiff`s Expert Disclosure due by 8/9/2019; Defendant`s Expert Disclosure due by

9/20/2019; Expert Discovery due by 10/4/2019; Dispositive Motions due by 11/4/2019. Final Pretrial Conference set 2/3/2020 is CANCELLED and reset 3/2/2020 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 2/18/2020 is CANCELLED and reset 3/17/2020 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set 9/9/2019 is CANCELLED and reset Friday, 10/4/2019, at 9:00 AM (court will place call) before Magistrate Judge Schanzle-Haskins. (LB, ilcd) (Entered: 06/21/2019)

07/01/2019 38 NOTICE of Appearance of Attorney by Megan Ann Ditzler on behalf of John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin (Ditzler, Megan) (Entered: 07/01/2019)

07/03/2019

39 NOTICE of Appearance of Attorney by Leslie Elaine Kuhn-Thayer on behalf of Heather Ann Thompson (Kuhn-Thayer, Leslie) (Entered: 07/03/2019)

07/19/2019

40 MOTION to Compel Responses To Plaintiff's Discovery Requests by Plaintiff Heather Ann Thompson. Responses due by 8/2/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kuhn-Thayer, Leslie) (Entered: 07/19/2019)

07/22/2019 41 NOTICE of Appearance of Attorney by Angelo J Suozzi on behalf of Heather Ann Thompson (Suozzi, Angelo) (Entered: 07/22/2019)

08/02/2019

42 MOTION for Extension of Time to Complete Discovery by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 8/16/2019 (Ditzler, Megan) (Entered: 08/02/2019)

08/02/2019

43 RESPONSE to Motion re 40 MOTION to Compel Responses To Plaintiff's Discovery Requests filed by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. (Attachments: # 1 Exhibit #1)(Ditzler, Megan) (Entered: 08/02/2019)

08/05/2019 44 RESPONSE to Motion re 42 MOTION for Extension of Time to Complete Discovery filed by Plaintiff Heather Ann Thompson. (Attachments: # 1 Exhibit A)(Mattson, Eric) (Entered: 08/05/2019)

08/13/2019

45 ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion for an Extension of Time 42 is ALLOWED and scheduling is modified. Plaintiff's Motion to Compel Responses to Plaintiff's Discovery Requests 40 is DENIED as moot. See written order. Plaintiff`s Expert Disclosure due by 9/9/2019; Defendant`s Expert Disclosure due by 10/9/2019; Expert Discovery due by 11/9/2019; Dispositive Motions due by 12/9/2019. Telephonic Status Conference set

10/4/2019 is CANCELLED and reset 11/13/2019 at 10:30 AM (court will place call) before Magistrate Judge Schanzle-Haskins. Final pretrial and jury trial settings remain as previously scheduled. (LB, ilcd) (Entered: 08/13/2019)

09/03/2019

46 Second MOTION for Extension of Time to Complete Discovery by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 9/17/2019 (Ditzler, Megan) (Entered: 09/03/2019)

09/05/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' unopposed Second Motion for an Extension of Time 46 is ALLOWED. Defendants are granted an extension to 9/17/2019 to respond to outstanding discovery requests. Plaintiff`s Expert Disclosure deadline is extended to 9/23/2019; Defendant`s Expert Disclosure deadline is extended to 10/23/2019; Expert Discovery deadline is extended to 11/22/2019. Dispositive Motions deadline is extended to 12/23/2019. All other settings and deadlines remain as previously scheduled. (LB, ilcd) (Entered: 09/05/2019)

10/02/2019

47 MOTION to Compel Production of Documents by Plaintiff Heather Ann Thompson. Responses due by 10/16/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mattson, Eric) (Entered: 10/02/2019)

10/04/2019 48 NOTICE of Appearance of Attorney by Clayton J Ankney on behalf of John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin (Ankney, Clayton) (Entered: 10/04/2019)

10/04/2019 49 NOTICE of Appearance of Attorney by Clayton J Ankney on behalf of John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin (Ankney, Clayton) (Entered: 10/04/2019)

10/04/2019

50 NOTICE of Appearance of Attorney by Jeremy C Tyrrell on behalf of John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin (Tyrrell, Jeremy) (Entered: 10/04/2019)

10/16/2019

51 MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Compel Production of Documents by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 10/30/2019 (Ditzler, Megan) (Entered: 10/16/2019)

10/17/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion for an Extension of Time to Respond to Plaintiff's Motion to Compel (Doc. 47) 51 is ALLOWED. Extension granted to 11/15/2019. (LB, ilcd) (Entered: 10/17/2019)

10/22/2019

52 MOTION to Amend/Correct Scheduling Order by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 11/5/2019 (Ankney, Clayton) (Entered: 10/22/2019)

10/24/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' unopposed Motion to Amend Scheduling Order 52 is ALLOWED in part. Expert disclosure / discovery deadlines are VACATED and will be re-set upon the Court's ruling on the pending Motion to Compel Production of Documents 47 . (LB, ilcd) (Entered: 10/24/2019)

11/06/2019

53 MOTION for Protective Order by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 11/20/2019 (Attachments: # 1 Exhibit 1)(Tyrrell, Jeremy) (Entered: 11/06/2019)

11/07/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Motion for Protective Order 53 ALLOWED. Written order to follow. Telephonic status conference set 11/13/2019 is CANCELLED and will be reset after the Court rules on the pending Motion to Compel Production of Documents 47 . (LB, ilcd) (Entered: 11/07/2019)

11/07/2019 54 AGREED CONFIDENTIALITY ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins on 11/7/2019. (LB, ilcd) (Entered: 11/07/2019)

11/18/2019 55 NOTICE re 47 MOTION to Compel Production of Documents (Mattson, Eric) (Entered: 11/18/2019)

11/20/2019

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Pursuant to Plaintiff's Notice Regarding Motion to Compel 55 stating that Defendants have produced the requested documents, Plaintiff's Motion to Compel Production of Documents 47 is DENIED as moot. (LB, ilcd) (Entered: 11/20/2019)

01/17/2020 56 MOTION to Amend/Correct Scheduling Order by Plaintiff Heather Ann Thompson. Responses due by 1/31/2020 (Mattson, Eric) (Entered: 01/17/2020)

01/24/2020

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion to Amend Scheduling Order 56 ALLOWED. Fact Discovery deadline extended to 1/24/2020; Plaintiff`s Expert Disclosure deadline extended to 2/7/2020; Defendant`s Expert Disclosure deadline extended to 2/28/2020; Expert Discovery deadline extended to 3/27/2020; Dispositive Motions deadline extended to 4/24/2020. Final Pretrial Conference set 3/2/2020 is CANCELLED and reset 9/11/2020 at 2:00

PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 3/17/2020 is CANCELLED and reset 9/22/2020 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set Monday, 3/30/2020, at 9:30 AM (court will place call) before Magistrate Judge Schanzle-Haskins. (LB, ilcd) (Entered: 01/24/2020)

03/10/2020

57 MOTION to Withdraw former Assistant Attorney General Jeffrey Shuck as counsel by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 3/24/2020 (Tyrrell, Jeremy) (Entered: 03/10/2020)

03/11/2020

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Motion to Withdraw Counsel 57 ALLOWED. Attorney Jeffrey A. Shuck is terminated as counsel for Defendants in this matter. (LB, ilcd) (Entered: 03/11/2020)

03/20/2020

58 Joint MOTION to Amend/Correct Order on Motion to Amend/Correct,,,, Set/Reset Scheduling Order Deadlines,,, by Plaintiff Heather Ann Thompson. Responses due by 4/3/2020 (Mattson, Eric) (Entered: 03/20/2020)

03/20/2020

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. The parties' Joint Motion to Amend Scheduling Order 58 is ALLOWED. Expert discovery deadline is extended to 5/1/2020. Dispositive motions deadline is extended to 5/29/2020. Final pretrial conference and jury trial settings remain as previously scheduled. The Court takes note of the Amended General Order 20-01 entered 3/18/2020 regarding the COVID19 pandemic, which can be found on the Court's website. Telephonic status conference set 3/30/2020 is CANCELLED. Parties are directed to file a written joint statement on or before 5/1/2020 as to whether all parties want the Court to set a mediation in this case with Judge Schanzle-Haskins. If all parties do wish the Court to set mediation in this case, a telephonic conference will be set to discuss scheduling of the mediation. (LB, ilcd) (Entered: 03/20/2020)

04/29/2020

59 Joint MOTION to Amend/Correct Order on Motion to Amend/Correct,,,, Set/Reset Scheduling Order Deadlines,,,, Terminate Deadlines and Hearings,,, Joint Motion to Amend Scheduling Order by Plaintiff Heather Ann Thompson. Responses due by 5/13/2020 (Stonecipher, Jillian) (Entered: 04/29/2020)

04/29/2020

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion to Amend Scheduling Order 59 ALLOWED. Expert discovery deadline extended to 6/30/2020; Dispositive motions deadline extended to 7/28/2020. Final pretrial and jury trial settings to remain as previously

scheduled. Parties to file written joint statement as to mediation on or before 6/30/2020. (LB, ilcd) (Entered: 04/29/2020)

05/05/2020 60 MOTION to Withdraw as Attorney by Plaintiff Heather Ann Thompson. Responses due by 5/19/2020 (Mazur, Elizabeth) (Entered: 05/05/2020)

05/05/2020

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Motion for Leave to Withdraw Appearance of Counsel 60 ALLOWED. Attorney Elizabeth N. Mazur terminated as counsel for Plaintiff. (LB, ilcd) (Entered: 05/05/2020)

06/22/2020 61 NOTICE of Appearance of Attorney by Bridget Kate Geraghty on behalf of All Plaintiffs (Geraghty, Bridget) (Entered: 06/22/2020)

06/30/2020 62 Joint MOTION to Amend/Correct Scheduling Order by Plaintiff Heather Ann Thompson. Responses due by 7/14/2020 (Mattson, Eric) (Entered: 06/30/2020)

07/08/2020

TEXT ORDER by U.S. Magistrate Judge Tom Schanlze-Haskins. Joint Motion to Amend Scheduling Order 62 is ALLOWED. Deadlines extended as follows: Expert Discovery due by 8/31/2020; Deadline for joint statement on mediation extended to 8/31/2020; and Dispositive Motions due by 9/29/2020. Final Pretrial Conference set 9/11/2020 is CANCELLED and reset 2/1/2021 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 9/22/2020 is CANCELLED and reset 2/16/2021 at 9:00 AM before Judge Myerscough. (LB, ilcd) (Entered: 07/08/2020)

08/31/2020 63 NOTICE Plaintiff's Statement Regarding Mediation (Mattson, Eric) (Entered: 08/31/2020)

09/01/2020 64 NOTICE Joint Statement Regarding Mediation (Mattson, Eric) (Entered: 09/01/2020)

09/29/2020 65 NOTICE of Appearance of Attorney by Lisa A Cook on behalf of John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin (Cook, Lisa) (Entered: 09/29/2020)

09/29/2020

66 MOTION to Substitute Attorney, Clayton Ankney to be replaced by Lisa Cook, by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 10/13/2020 (Cook, Lisa) (Entered: 09/29/2020)

09/29/2020

67 MOTION to Substitute Attorney, Jeremy Tyrrell to be replaced by Lisa Cook, by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 10/13/2020 (Cook, Lisa) (Entered: 09/29/2020)

09/29/2020

68 MOTION for Partial Summary Judgment by Plaintiff Heather Ann Thompson. Responses due by 10/20/2020 (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)(Mattson, Eric) (Entered: 09/29/2020)

09/29/2020

69 MOTION for Extension of Time to File Mtn for Summary Judgment by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 10/13/2020 (Cook, Lisa) (Entered: 09/29/2020)

09/30/2020

70 MOTION for Summary Judgment by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 10/21/2020 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Cook, Lisa) (Entered: 09/30/2020)

09/30/2020

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Motions to Substitute Counsel 66 67 are ALLOWED. Asst. Attorney General Clayton Ankney and Asst. Attorney General Jeremy Tyrrell are both withdrawn as counsel for Defendants in this case. Asst. Attorney General Lisa Cook is substituted as counsel for Defendants. (LB, ilcd) (Entered: 09/30/2020)

10/05/2020

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Motion for Extension of Time to File Motion for Summary Judgment 69 ALLOWED. (LB, ilcd) (Entered: 10/05/2020)

10/20/2020

71 RESPONSE to Motion re 68 MOTION for Partial Summary Judgment filed by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. (Cook, Lisa) (Entered: 10/20/2020)

10/21/2020

72 RESPONSE to Motion re 70 MOTION for Summary Judgment filed by Plaintiff Heather Ann Thompson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mattson, Eric) (Entered: 10/21/2020)

11/03/2020 73 REPLY to Response to Motion re 68 MOTION for Partial Summary Judgment filed by Plaintiff Heather Ann Thompson. (Mattson, Eric) (Entered: 11/03/2020)

11/04/2020

74 REPLY to Response to Motion re 70 MOTION for Summary Judgment filed by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. (Cook, Lisa) (Entered: 11/04/2020)

01/08/2021 75 Joint MOTION to Continue Trial Date by Defendants John R Baldwin, Teri Kennedy, Michael Melvin, David Meredith, Emily Ruskin. Responses due by 1/22/2021 (Ditzler, Megan) (Entered: 01/08/2021)

01/12/2021

TEXT ORDER: Before the Court is a Joint Motion to Continue Trial Date (d/e 75 ) filed by the parties. The final pretrial conference is currently set for February 1, 2021, at 2:00 p.m., and the trial date is set to begin on February 16, 2021 at 9:00 a.m. The parties request a continuance of the final pretrial conference and trial due to the COVID19 pandemic and the pending cross-motions for summary judgment. The Joint Motion to Continue Trial Date (d/e 75 ) is hereby GRANTED. The final pretrial and trial dates are VACATED. The Court will reset the final pretrial and trial after ruling on the cross-motions for summary judgment.. Entered by Judge Sue E. Myerscough on 1/12/2021. (GL, ilcd) (Entered: 01/12/2021)

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3:18-cv03230-SEMTSH
1.30

 
 3:18-cv-03230-SEM-TSH # 1 Page 1 of 10

E-FILED

Thursday, 13 September, 2018 09:32:53 AM

UNITED STATES DISTRICT COURT

Clerk, U.S. District Court, ILCD

FOR THE CENTRAL DISTRICT OF ILLINOIS

SPRINGFIELD DIVISION

HEATHER ANN THOMPSON,
Plaintiff,
v.
JOHN R. BALDWIN, in his official and individual capacities, MICHAEL MELVIN, in his individual capacity, GLEN AUSTIN, in his individual capacity, and DOES 1-10, in their individual capacities,
Defendants.

) ) ) ) ) ) Case No. __________________ ) ) JURY TRIAL DEMANDED ) ) ) ) ) )

COMPLAINT

Plaintiff Heather Ann Thompson submits this Complaint against Defendants John R.

Baldwin, Michael Melvin, Glen Austin, and Does 1-10 (collectively, “Defendants”). Defendants

have violated Plaintiff’s due process and free speech rights by arbitrarily censoring her Pulitzer

Prize-winning, non-fiction book, and forbidding it from being distributed in some, but not all,

prisons in this State.

Introduction 1. Thompson brings this action to enjoin Defendants’ improper censorship of her

Pulitzer Prize-winning book, Blood in the Water. Thompson sent copies of the book to three

prisoners in the custody of the Illinois Department of Corrections. Two were rejected and

returned with no explanation; one was delivered to the recipient.

2. Defendants have adopted and implemented mail policies and practices prohibiting

the delivery of written speech from Thompson while failing to provide due process in the form of

notice of, and an opportunity to challenge, that censorship. Defendants’ actions violate

Thompson’s rights under the First and Fourteenth Amendments to the U.S. Constitution. 1

3:18-cv-03230-SEM-TSH # 1 Page 2 of 10
Thompson thus brings this action pursuant to 42 U.S.C. § 1983 seeking injunctive and declaratory relief and damages in an amount to be proven at trial.
Jurisdiction and Venue 3. This action arises under the First and Fourteenth Amendments of the U.S. Constitution and is brought pursuant to 42 U.S.C. § 1983, which authorizes actions to redress the deprivation, under color of state law, of rights, privileges, and immunities guaranteed to Thompson by the laws of the United States. 4. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1343. This Court has jurisdiction over claims seeking declaratory, injunctive, and monetary relief pursuant to 28 U.S.C. §§ 2201 and 2202, and Rules 57 and 65 of the Federal Rules of Civil Procedure. 5. Venue is proper in this district under 28 U.S.C. § 1391(b). On information and belief, Defendants John R. Baldwin, Michael Melvin, and Glen Austin reside within this judicial district, and many of the events giving rise to the claims asserted in this Complaint occurred in this district.
Parties 6. Plaintiff Heather Ann Thompson is a professor and historian at the University of Michigan. In 2016, Thompson authored Blood in the Water, a non-fiction book about the Attica Prison uprising in 1971. Thompson has also written extensively on the history of policing, mass incarceration, and the criminal justice system for The New York Times, Newsweek, Time, The Washington Post, Rolling Stone, The Atlantic, and other mass market publications, in addition to academic publications in her field.
2

3:18-cv-03230-SEM-TSH # 1 Page 3 of 10
7. Defendant John R. Baldwin is, and at all relevant times was, either the Director or the Acting Director of the Illinois Department of Corrections, the agency that manages state prisons in Illinois. Baldwin has ultimate responsibility for the promulgation and implementation of Department of Corrections policies, procedures, and practices. He is being sued in his official and individual capacities for damages, and for injunctive and declaratory relief. At all relevant times, Baldwin acted under color of state law.
8. Defendant Michael Melvin is, and on information and belief at all relevant times was, the warden of Pontiac Correctional Center, a prison under the control of the Department of Corrections. Melvin has responsibility for the execution of policies, procedures, and practices at the Pontiac Correctional Center, including the approval of censorship decisions. Melvin is being sued in his individual capacity for damages. At all relevant times, Melvin acted under color of state law.
9. Defendant Glen Austin is, and on information and belief has been, the warden of Logan Correctional Center, a prison under the control of the Department of Corrections. Austin has responsibility for the execution of policies, procedures, and practices at the Logan Correctional Center, including the approval of publication censorship decisions. Austin is being sued in his individual capacity for damages. At all relevant times, Austin acted under color of state law.
10. The names and identities of Defendants Does 1-10 are unknown to Thompson. Each of these Defendants was employed by, and was an agent of, the Illinois Department of Corrections when some or all of the challenged policies and practices were adopted or implemented. Defendants Does 1-10 were personally involved in the adoption or implementation of the mail policies and practices at Department of Corrections facilities, or were responsible for
3

3:18-cv-03230-SEM-TSH # 1 Page 4 of 10
hiring, screening, training, retaining, supervising, disciplining, counseling, or controlling the staff members who interpret and implement those mail policies and practices. Thompson will seek to amend this Complain when the names and identities of Defendants Does 1-10 have been ascertained.
Blood in the Water 11. In 2016, Thompson authored Blood in the Water, a non-fiction book about the Attica Prison uprising. 12. The book provides a thorough history and analysis of the uprising, including the lead-up to the uprising, the week-long uprising itself, its brutal end at the hands of state troopers, and the protracted legal battles that ensued. In examining its legacy, Thompson explains that the uprising provides a blueprint for improving the American prison system. 13. In writing the book, Thompson drew from more than a decade of research, including information from interviews, government records, personal correspondence, and legal documents, much of which had never before been made public. 14. The book has won high praise and numerous awards. Among the awards are the Pulitzer Prize in History (2017), the Bancroft Prize in American History and Diplomacy (2017), the Ridenhour Prize (2017), the Public Information Award from the New York Bar Association (2016), the Media for a Just Society Book Award from the National Counsel for Crime and Delinquency (2017), and the J. Willard Hurst Award in Socio-Legal History (2017). The book was also included on more than a dozen “Best of 2016” lists, including the New York Times Most Notable Books of 2016 list, as well as similar lists published by Kirkus, Publishers Weekly, Newsweek, Christian Science Monitor, Boston Globe, and others.
4

3:18-cv-03230-SEM-TSH # 1 Page 5 of 10
Censorship in Illinois Prisons 15. Thompson has a strong interest in communicating with prisoners, including those who are incarcerated with the Department of Corrections, through the distribution of her book. She has visited prisons in other states to discuss the book. In one instance, she recorded a podcast at San Quentin State Prison in California, during which she discussed the book with prisoners incarcerated there. 16. The First Amendment to the U.S. Constitution protects Thompson’s right to communicate with prisoners who are incarcerated with the Department of Corrections. Regulations, policies, or practices that restrict the receipt of mail by prisoners are invalid unless they rationally relate to a legitimate penological interest. 17. The Fourteenth Amendment to the U.S. Constitution protects Thompson’s right to receive notice of, and an opportunity to challenge, restrictions on her communications with prisoners. Regulations, policies, or practices that do not provide these minimum procedural safeguards are invalid. Fourteenth Amendment rights are also violated where procedural safeguards are not followed as applied to a particular publisher. 18. Various prisons within the Illinois Department of Corrections system do not comply with the First and Fourteenth Amendments. Defendants’ policies and practices have deprived, and will continue to deprive, Thompson of the right to distribute her book to prisoners, and of the right to notice of, and an opportunity to appeal, the denial of this right. 19. In February 2018, Thompson attempted to send a copy of Blood in the Water to Percell Dansberry, a prisoner at the Pontiac Correctional Center. Dansberry did not receive the book because it was improperly censored. A copy of the Amazon order summary and notice of delivery is attached as Exhibit A.
5

3:18-cv-03230-SEM-TSH # 1 Page 6 of 10
20. Staff at the Pontiac Correctional Center issued a censorship notice to Dansberry, but the censorship notice does not provide any sufficient basis to justify the censorship.
21. Thompson has never received any notice about Defendants’ censorship of Blood in the Water, at Pontiac or elsewhere. She has never received any notice of an opportunity to appeal the decision to censor the book. This censorship of Blood in the Water and the failure of Defendants Baldwin, Melvin, and one of more of the Doe defendants to provide adequate notice and explanation to Thompson violates her First and Fourteenth Amendment rights.
22. In February 2018, Thompson attempted to send a copy of Blood in the Water to Jami Anderson, a prisoner at the Logan Correctional Center. Anderson did not receive the book because staff at Pontiac improperly censored it. A copy of the Amazon order summary and notice of refund for failure to deliver is attached as Exhibit B.
23. Thompson never received any notice about the censorship of Blood in the Water at the Logan Correctional Center. Thompson has also never received any notice of an opportunity to appeal the decision to censor the book. This censorship of Blood in the Water and the failure of Defendants Baldwin, Austin, and one of more of the Doe defendants to provide adequate notice and explanation to Thompson violates her First and Fourteenth Amendment rights.
24. In adopting and implementing the censorship policies and practices described above, Defendants have knowingly violated, and continue to violate, the First and Fourteenth Amendment rights of Thompson, and Defendants have knowingly caused, and continue to cause, serious and irreparable harm to Thompson, including suppression of a political message, loss of supporters and readers, and loss of sales. Absent intervention by this Court, Defendants will
6

3:18-cv-03230-SEM-TSH # 1 Page 7 of 10
continue to improperly censor Thompson’s book, and Thompson will continue to suffer the same irreparable injuries.
25. The above-described violations of Thompson’s rights, as well as the irreparable and serious injuries she suffered as a result, were caused by censorship policies and practices adopted or approved by Defendant Baldwin in his capacity as head of the Illinois Department of Corrections.
26. The individual Defendants are responsible for, or personally participated in, creating and implementing these unconstitutional censorship policies, practices, and customs, and training and supervising the staff who carry them out.
27. The censorship policies, practices, and customs, as well the regulations giving rise to them, are unconstitutionally overbroad in their construction and arbitrarily applied in practice. In effect, prison officials are permitted to censor any speech with which they disagree or find offensive, and to do so in an arbitrary manner. In this case, for example, prison officials allowed Thompson’s book to be delivered to a prisoner incarcerated at Stateville, but refused to deliver the same book to a prisoner incarcerated at Pontiac—even though both facilities are maximum security prisons operated by the Illinois Department of Corrections.
28. Defendants’ unconstitutional policy, practices, and customs continue to violate Thompson’s rights. As a result, Thompson has no adequate remedy at law.
29. Thompson is entitled to injunctive relief prohibiting Defendants from refusing to deliver, or refusing to allow delivery, of her book, Blood in the Water, to prisoners incarcerated with the Illinois Department of Corrections without due process of law.
30. Thompson seeks compensatory and punitive damages against the individual Defendants.
7

3:18-cv-03230-SEM-TSH # 1 Page 8 of 10
COUNT I Violation of the First Amendment (Censorship) – 42 U.S.C. § 1983 31. Thompson incorporates by reference all of the allegations in paragraphs 1-30. 32. The acts described violate Thompson’s rights under the First Amendment to the U.S. Constitution. 33. The First Amendment to the U.S. Constitution protects Thompson’s right to communicate with prisoners incarcerated with the Illinois Department of Corrections. 34. Defendants’ actions were objectively unreasonable and were undertaken intentionally with malice, willfulness, or reckless indifference. 35. Defendants’ actions directly and proximately caused the violations of Thompson’s constitutional rights and her resulting injuries. 36. Defendants’ actions have caused, and if not enjoined will continue to cause, damage to Thompson. 37. Thompson seeks injunctive relief against Defendant John R. Baldwin in his official capacity, and nominal and compensatory damages against all individual Defendants. Thompson also seeks punitive damages against all individual Defendants in their individual capacities.
COUNT II Violation of the Fourteenth Amendment (Due Process) – 42 U.S.C. § 1983 38. Thompson incorporates by reference all of the allegations in paragraphs 1-30. 39. The acts described above violate Thompson’s rights under the Fourteenth Amendment to the U.S. Constitution. 40. The Due Process Clause of the Fourteenth Amendment protects Thompson’s right to receive notice of, and an opportunity to appeal, Defendants’ decisions to censor her speech.
8

3:18-cv-03230-SEM-TSH # 1 Page 9 of 10
41. Defendants’ censorship policies and practices failed to provide Thompson with adequate notice of, and an opportunity to appeal, Defendants’ decision to censor her book.
42. Defendants’ actions were objectively unreasonable and were undertaken intentionally with malice, willfulness, or reckless indifference.
43. Defendants’ actions directly and proximately caused the violations of Thompson’s constitutional rights and her resulting injuries.
44. Defendants’ actions have caused, and if not enjoined will continue to cause, damage to Thompson.
45. Thompson seeks injunctive relief against Defendant John R. Baldwin in his official capacity, and nominal and compensatory damages against all individual Defendants. Thompson also seeks punitive damages against all individual Defendants in their individual capacities.
RELIEF REQUESTED Plaintiff respectfully requests judgment against Defendants, jointly and severally, for the following: A. A declaration that Defendants’ censorship policies and practices violate the U.S. Constitution; B. A preliminary and permanent injunction prohibiting Defendants from continuing to violate the U.S. Constitution, forbidding them from preventing the distribution of Plaintiff’s book in the Illinois prison system, and providing other equitable relief; C. An award of compensatory, punitive, and nominal damages; D. An award of costs and attorneys’ fees arising out of this litigation; and E. Any other relief this Court deems appropriate.
9

3:18-cv-03230-SEM-TSH # 1 Page 10 of 10
DEMAND FOR JURY Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Thompson demands a trial by jury in this action of all issues so triable.
Respectfully submitted, By: /s/ Benjamin R. Brunner Eric S. Mattson emattson@sidley.com Benjamin R. Brunner bbrunner@sidley.com Sidley Austin LLP One South Dearborn Street Chicago, Illinois 60603 (312) 853-7000 Alan Mills alan@uplcchicago.org Elizabeth Mazur liz@uplcchicago.org Nicole Schult nicole@uplcchicago.org Uptown People’s Law Center 4413 N. Sheridan Chicago, IL 60640 (773) 769-1411 Attorneys for Plaintiff Heather Ann Thompson
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 3:18-cv-03230-SEM-TSH # 32 Page 1 of 12

E-FILED
Tuesday, 30 April, 2019 10:12:59 AM Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION

HEATHER ANN THOMPSON,
Plaintiff,
v.
JOHN R. BALDWIN, in his official and individual capacities, MICHAEL MELVIN, in his individual capacity, TERI KENNEDY, in her individual capacity, DAVID MEREDITH, in his individual capacity, and EMILY RUSKIN, in her individual capacity,
Defendants.

) ) ) ) ) ) Case No. 3:18-cv-3230 ) ) JURY TRIAL DEMANDED ) ) ) ) ) )

SECOND AMENDED COMPLAINT Plaintiff Heather Ann Thompson submits this Second Amended Complaint against Defendants John R. Baldwin, Michael Melvin, Teri Kennedy, David Meredith, and Emily Ruskin (collectively, “Defendants”). Defendants have violated Plaintiff’s due process and free speech rights by arbitrarily censoring her Pulitzer Prize-winning, non-fiction book, and forbidding it from being distributed in some, but not all, prisons in this State.
Introduction 1. Thompson brings this action to enjoin Defendants’ improper censorship of her Pulitzer Prize-winning book, Blood in the Water. Thompson sent copies of the book to three prisoners in the custody of the Illinois Department of Corrections. At least one was rejected and returned with no explanation; two were delivered to the recipients. 2. Defendants have adopted and implemented mail policies and practices prohibiting the delivery of written speech from Thompson while failing to provide due process in the form of notice of, and an opportunity to challenge, that censorship. Defendants’ actions violate
1

3:18-cv-03230-SEM-TSH # 32 Page 2 of 12
Thompson’s rights under the First and Fourteenth Amendments to the U.S. Constitution. Thompson thus brings this action pursuant to 42 U.S.C. § 1983 seeking injunctive and declaratory relief and damages in an amount to be proven at trial.
Jurisdiction and Venue 3. This action arises under the First and Fourteenth Amendments of the U.S. Constitution and is brought pursuant to 42 U.S.C. § 1983, which authorizes actions to redress the deprivation, under color of state law, of rights, privileges, and immunities guaranteed to Thompson by the laws of the United States. 4. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1343. This Court has jurisdiction over claims seeking declaratory, injunctive, and monetary relief pursuant to 28 U.S.C. §§ 2201 and 2202, and Rules 57 and 65 of the Federal Rules of Civil Procedure. 5. Venue is proper in this district under 28 U.S.C. § 1391(b). On information and belief, Defendants John R. Baldwin, Michael Melvin, Terri Kennedy, David Meredith, and Emily Ruskin reside within this judicial district, and many of the events giving rise to the claims asserted in this Second Amended Complaint occurred in this district.
Parties 6. Plaintiff Heather Ann Thompson is a professor and historian at the University of Michigan. In 2016, Thompson authored Blood in the Water, a non-fiction book about the Attica Prison uprising in 1971. Thompson has also written extensively on the history of policing, mass incarceration, and the criminal justice system for The New York Times, Newsweek, Time, The Washington Post, Rolling Stone, The Atlantic, and other mass market publications, in addition to academic publications in her field.
2

3:18-cv-03230-SEM-TSH # 32 Page 3 of 12
7. Defendant John R. Baldwin was, at all relevant times, either the Director or the Acting Director of the Illinois Department of Corrections, the agency that manages state prisons in Illinois. Baldwin has ultimate responsibility for the promulgation and implementation of Department of Corrections policies, procedures, and practices. He is being sued in his official and individual capacities for damages, and for injunctive and declaratory relief. At all relevant times, Baldwin acted under color of state law.
8. Defendant Michael Melvin was, at all relevant times prior to April 1, 2018, the warden of Pontiac Correctional Center, a prison under the control of the Department of Corrections. Melvin had responsibility for the execution of policies, procedures, and practices at the Pontiac Correctional Center, including the approval of censorship decisions. Melvin is being sued in his individual capacity for damages. At all relevant times, Melvin acted under color of state law. Defendant Teri Kennedy is, and at all relevant times after March 31, 2018 was, the warden of Pontiac Correctional Center, a prison under the control of the Department of Corrections. Kennedy has responsibility for the execution of policies, procedures, and practices at the Pontiac Correctional Center, including the approval of censorship decisions. Kennedy is being sued in her individual capacity for damages. At all relevant times, Kennedy acted under color of state law.
9. Defendant David Meredith is, and on information and belief at all relevant times was, a publication review officer at Pontiac Correctional Center, a prison under the control of the Department of Corrections. According to Defendants, Meredith “reviewed the book and determined it met the criteria for disapproval.” On information and belief, Meredith was also personally involved in the adoption or implementation of the mail policies and practices at the Pontiac Correctional Center, or was responsible for hiring, screening, training, retaining,
3

3:18-cv-03230-SEM-TSH # 32 Page 4 of 12
supervising, disciplining, counseling, or controlling the staff members who interpret and implement those policies and practices. Meredith is being sued in his individual capacity for damages. At all relevant times, Meredith acted under color of state law.
10. Defendant Emily Ruskin is, and on information and belief at all relevant times was, the assistant warden programs of Pontiac Correctional Center, a prison under the control of the Department of Corrections. According to Defendants, “[Meredith’s] recommendation for disapproval was reviewed by the Chief Administrative Officer’s designee, Assistant Warden Programs Emily Ruskin, who concurred.” On information and belief, Ruskin was also personally involved in the adoption or implementation of the mail policies and practices at the Pontiac Correctional Center, or was responsible for hiring, screening, training, retaining, supervising, disciplining, counseling, or controlling the staff members who interpret and implement those policies and practices. Ruskin is being sued in her individual capacity for damages. At all relevant times, Ruskin acted under color of state law.
Blood in the Water 11. In 2016, Thompson authored Blood in the Water, a non-fiction book about the Attica Prison uprising. 12. The book provides a thorough history and analysis of the uprising, including the lead-up to the uprising, the week-long uprising itself, its brutal end at the hands of state troopers, and the protracted legal battles that ensued. In examining its legacy, Thompson explains that the uprising provides a blueprint for improving the American prison system. 13. In writing the book, Thompson drew from more than a decade of research, including information from interviews, government records, personal correspondence, and legal documents, much of which had never before been made public.
4

3:18-cv-03230-SEM-TSH # 32 Page 5 of 12
14. The book has won high praise and numerous awards. Among the awards are the Pulitzer Prize in History (2017), the Bancroft Prize in American History and Diplomacy (2017), the Ridenhour Prize (2017), the Public Information Award from the New York Bar Association (2016), the Media for a Just Society Book Award from the National Counsel for Crime and Delinquency (2017), and the J. Willard Hurst Award in Socio-Legal History (2017). The book was also included on more than a dozen “Best of 2016” lists, including the New York Times Most Notable Books of 2016 list, as well as similar lists published by Kirkus, Publishers Weekly, Newsweek, Christian Science Monitor, Boston Globe, and others.
Censorship in Illinois Prisons 15. Thompson has a strong interest in communicating with prisoners, including those who are incarcerated with the Department of Corrections, through the distribution of her book. She has visited prisons in other states to discuss the book. In one instance, she recorded a podcast at San Quentin State Prison in California, during which she discussed the book with prisoners incarcerated there. 16. The First Amendment to the U.S. Constitution protects Thompson’s right to communicate with prisoners who are incarcerated with the Department of Corrections. Regulations, policies, or practices that restrict the receipt of mail by prisoners are invalid unless they rationally relate to a legitimate penological interest. 17. The Fourteenth Amendment to the U.S. Constitution protects Thompson’s right to receive notice of, and an opportunity to challenge, restrictions on her communications with prisoners. Regulations, policies, or practices that do not provide these minimum procedural safeguards are invalid. Fourteenth Amendment rights are also violated where procedural safeguards are not followed as applied to a particular publisher.
5

3:18-cv-03230-SEM-TSH # 32 Page 6 of 12
18. Various prisons within the Illinois Department of Corrections system do not comply with the First and Fourteenth Amendments. Defendants’ policies and practices have deprived, and will continue to deprive, Thompson of the right to distribute her book to prisoners, and of the right to notice of, and an opportunity to appeal, the denial of this right.
19. In February 2018, Thompson attempted to send a copy of Blood in the Water to Percell Dansberry, a prisoner at the Pontiac Correctional Center. Dansberry did not receive the book because it was improperly censored. A copy of the Amazon order summary and notice of delivery is attached as Exhibit A.
20. Staff at the Pontiac Correctional Center issued a censorship notice to Dansberry, but the censorship notice does not provide any sufficient basis to justify the censorship.
21. Thompson has never received any notice about Defendants’ censorship of Blood in the Water, at Pontiac or elsewhere. She has never received any notice of an opportunity to appeal the decision to censor the book. This censorship of Blood in the Water and the failure of Defendants to provide adequate notice and explanation to Thompson violates her First and Fourteenth Amendment rights.
22. In contrast with the Pontiac Correctional Center, Thompson successfully sent Blood in the Water to prisoners at the Stateville Correctional Center and the Logan Correctional Center. In February 2018, Thompson sent the book to Joseph Sorrentino, a prisoner at Stateville, and it was delivered. In February 2019, Thompson sent the book to Jami Anderson, a prisoner at Logan, and it was delivered.
23. In adopting and implementing the censorship policies and practices described above, Defendants have knowingly violated, and continue to violate, the First and Fourteenth Amendment rights of Thompson, and Defendants have knowingly caused, and continue to cause,
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serious and irreparable harm to Thompson, including suppression of a political message, loss of supporters and readers, and loss of sales. Absent intervention by this Court, Defendants will continue to improperly censor Thompson’s book, and Thompson will continue to suffer the same irreparable injuries.
24. The above-described violations of Thompson’s rights, as well as the irreparable and serious injuries she suffered as a result, were caused by censorship policies and practices adopted or approved by Defendant Baldwin in his capacity as head of the Illinois Department of Corrections.
25. The individual Defendants are responsible for, or personally participated in, creating and implementing these unconstitutional censorship policies, practices, and customs, and training and supervising the staff who carry them out.
26. The censorship policies, practices, and customs, as well the regulations giving rise to them, are unconstitutionally overbroad in their construction and arbitrarily applied in practice. In effect, prison officials are permitted to censor any speech with which they disagree or find offensive, and to do so in an arbitrary manner. In this case, for example, prison officials allowed Thompson’s book to be delivered to prisoners incarcerated at Stateville and Logan, but refused to deliver the same book to a prisoner incarcerated at Pontiac—even though all three facilities are maximum security prisons operated by the Illinois Department of Corrections.
27. Defendants’ unconstitutional policy, practices, and customs continue to violate Thompson’s rights. As a result, Thompson has no adequate remedy at law.
28. Thompson is entitled to injunctive relief prohibiting Defendants from refusing to deliver, or refusing to allow delivery, of her book, Blood in the Water, to prisoners incarcerated with the Illinois Department of Corrections without due process of law.
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29. Thompson seeks compensatory and punitive damages against the individual Defendants.
COUNT I Violation of the First Amendment (Censorship) – 42 U.S.C. § 1983 30. Thompson incorporates by reference all of the allegations in paragraphs 1-29. 31. The acts described violate Thompson’s rights under the First Amendment to the U.S. Constitution. 32. The First Amendment to the U.S. Constitution protects Thompson’s right to communicate with prisoners incarcerated with the Illinois Department of Corrections. 33. Defendants’ actions were objectively unreasonable and were undertaken intentionally with malice, willfulness, or reckless indifference. 34. Defendants’ actions directly and proximately caused the violations of Thompson’s constitutional rights and her resulting injuries. 35. Defendants’ actions have caused, and if not enjoined will continue to cause, damage to Thompson. 36. Thompson seeks injunctive relief against Defendant John R. Baldwin in his official capacity, and nominal and compensatory damages against all individual Defendants. Thompson also seeks punitive damages against all individual Defendants in their individual capacities.
COUNT II Violation of the Fourteenth Amendment (Due Process) – 42 U.S.C. § 1983 37. Thompson incorporates by reference all of the allegations in paragraphs 1-29. 38. The acts described above violate Thompson’s rights under the Fourteenth Amendment to the U.S. Constitution.
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39. The Due Process Clause of the Fourteenth Amendment protects Thompson’s right to receive notice of, and an opportunity to appeal, Defendants’ decisions to censor her speech.
40. Defendants’ censorship policies and practices failed to provide Thompson with adequate notice of, and an opportunity to appeal, Defendants’ decision to censor her book.
41. Defendants’ actions were objectively unreasonable and were undertaken intentionally with malice, willfulness, or reckless indifference.
42. Defendants’ actions directly and proximately caused the violations of Thompson’s constitutional rights and her resulting injuries.
43. Defendants’ actions have caused, and if not enjoined will continue to cause, damage to Thompson.
44. Thompson seeks injunctive relief against Defendant John R. Baldwin in his official capacity, and nominal and compensatory damages against all individual Defendants. Thompson also seeks punitive damages against all individual Defendants in their individual capacities.
RELIEF REQUESTED Plaintiff respectfully requests judgment against Defendants, jointly and severally, for the following: A. A declaration that Defendants’ censorship policies and practices violate the U.S. Constitution; B. A preliminary and permanent injunction prohibiting Defendants from continuing to violate the U.S. Constitution, forbidding them from preventing the distribution of Plaintiff’s book in the Illinois prison system, and providing other equitable relief; C. An award of compensatory, punitive, and nominal damages;
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D. An award of costs and attorneys’ fees arising out of this litigation; and E. Any other relief this Court deems appropriate.
DEMAND FOR JURY Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Thompson demands a trial by jury in this action of all issues so triable.
Respectfully submitted, By: /s/ Eric S. Mattson Eric S. Mattson emattson@sidley.com Benjamin R. Brunner bbrunner@sidley.com Jillian S. Stonecipher jstonecipher@sidley.com Sidley Austin LLP One South Dearborn Street Chicago, Illinois 60603 (312) 853-7000 Alan Mills alan@uplcchicago.org Elizabeth Mazur liz@uplcchicago.org Nicole Schult nicole@uplcchicago.org Uptown People’s Law Center 4413 N. Sheridan Chicago, IL 60640 (773) 769-1411 Attorneys for Plaintiff Heather Ann Thompson
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Exhibit A

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6/14/2018