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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Prison Legal News,

Plaintiff,

v. 

Charles L Ryan, et al.,

Defendants.

No. CV-15-02245-PHX-ROS

ORDER 

On March 8, 2019, the Court issued an order granting in part and denying in part 

each party’s motion for summary judgment, and ordering the parties to submit proposed 

language for final injunctive relief regarding the claims on which Prison Legal News 

prevailed. (Doc. 260.) On April 12, 2019, the parties submitted proposed injunction 

language. (Docs. 265, 267.) On September 20, 2019, the parties submitted a joint statement 

regarding injunction, notifying the Court they have been unable to agree on a joint proposed 

injunction. (Doc. 301.) The parties requested the Court consider the parties’ submissions, 

issue a permanent injunction, and enter final judgment.

The Court, having found that the Arizona Department of Corrections’ (“ADC”) 

policy prohibiting sexually explicit material is facially in violation of the First Amendment 

to the Constitution of the United States, and that the censorship of the October 2014, April 

2017, May 2017, and June 2017 issues of Prison Legal News was unconstitutional, hereby 

issues the following injunctive relief:

//

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IT IS ORDERED within ninety (90) days of this Order the Arizona Department of 

Corrections and the State of Arizona shall amend, modify, or revise Arizona Department 

of Corrections Department Order 914 (“Order 914”) to establish bright-line rules that 

narrowly define prohibited content in a manner consistent with the First Amendment; limit 

the discretion available to ADC’s employees and agents; and ensure consistency in the 

exclusion of sexually explicit material.

IT IS FURTHER ORDERED within seven (7) days of the amendment, 

modification, or revision of Order 914, Defendants shall file with the Court a copy of the 

new Order 914 and notify the Court that the Arizona Department of Corrections website 

has been updated to reflect the new Order 914.

IT IS FURTHER ORDERED Defendants shall email a copy of this Order and the 

new Order 914 to all staff persons employed in ADC mail rooms. Such email must also 

inform such staff about the best practices for successful compliance herewith. Within sixty 

(60) days of the amendment, modification, or revision of Order 914 each staff person 

responsible for any part of the receipt, collection, or delivery of U.S. Mail must sign a 

written acknowledgment that they have received and understood this Order and the new 

Order 914.

IT IS FURTHER ORDERED to the extent Defendants withhold a portion of any 

material sent to ADC prisoners per Order 914, the remaining portion(s) thereof shall be 

delivered to their intended recipients.

IT IS FURTHER ORDERED Defendants shall, within thirty (30) days of this 

Order, distribute complete copies of the previously censored October 2014, April 2017, 

May 2017, and June 2017 issues of Prison Legal News to current ADC prisonersubscribers.

The Court finds that the relief herein ordered is narrowly drawn, extends no further 

than necessary to correct the harm to Prison Legal News requiring injunctive relief, and is 

the least intrusive means necessary to correct that harm.

//

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The Clerk of Court is instructed to enter judgment in favor of Prison Legal News 

and against Defendants Ryan, Rittenhouse, Hood, Olson, Riggs, and Guzman in their 

official capacities.

Dated this 5th day of November, 2019.

Honorable Roslyn O. Silver

Senior United States District Judge

Case 2:15-cv-02245-ROS Document 305 Filed 11/06/19 Page 3 of 3