Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > OREGON > Oregon General Prison Talk, Introductions & Chit Chat
Register Entertainment FAQ Calendar Mark Forums Read

Oregon General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Oregon that do not fit into any other Oregon sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-27-2003, 04:58 PM
David's Avatar
David David is offline
Fed-X is Back!

Staff Superstar Award 

Donation Award 
 

Join Date: Nov 2001
Location: Texas, USA
Posts: 20,854
Thanks: 3,434
Thanked 7,825 Times in 1,600 Posts
Default Prison Legal News Settles Oregon Censorship Suit for $55,414.31

Seattle, Washington – February 21, 2003 – Prison Legal News’ federal lawsuit against the Oregon Department of Corrections (DOC) has been settled. Filed on April 2, 2002 in the United States District Court in Portland, Oregon, the lawsuit alleged the Oregon DOC was censoring Prison Legal News magazine, and informational brochures mailed to Oregon prisoners by standard (a.k.a., bulk mail) and media (book) rate mail. The lawsuit also alleged Prison Legal News was denied meaningful opportunity to contest the censorship by being denied notice of when it occurred. The lawsuit further alleged that prisoners were being required to pay for magazine subscriptions and books from their prison trust accounts. (See Prison Legal News v. Schumacher, USDC OR, Case No. 02-428-MA)



The parties agreed to settle the lawsuit after conducting written discovery, but prior to the filing of summary judgment motions.



The Oregon DOC agreed to deliver all mailings from Prison Legal News to Oregon prisoners regardless of the postal classification. It also agreed that Prison Legal News is an approved vendor for all Oregon prisons, that gift subscriptions are acceptable, and that the magazine can be purchased without any registration process by a prisoner. The Oregon DOC also agreed it would approve rule changes of the Oregon Administrative Rules to permit prisoners to receive catalogs for books and magazines. They also agreed Prison Legal News is entitled to notice of any censorship, and that any censorship can be appealed directly to the Oregon DOC's central mail administrator. The Oregon DOC retains the authority to censor any publication based on content. The Oregon DOC also agreed to purchase a two-year subscription to Prison Legal News magazine for the law library in the 13 prisons it administers, and prisoners in those prisons will be notified of its availability. The Oregon DOC also agreed to pay $39,914.31 in attorney fees and costs and $15,500 in damages. To ensure compliance with the settlement, the District Court retains jurisdiction for one year.



In exchange for those concessions and payments, Prison Legal News agreed to dismiss the lawsuit.



Prison Legal News had previously filed a federal lawsuit against the Oregon DOC over its ban on prisoners receiving magazines sent to prisoners at the bulk mail postage rate. After losing at the District Court level, Prison Legal News won on appeal in the Ninth Circuit Court of Appeals. See: Prison Legal News v. Cook, 8 F.3d 1145 (9th Cir. 2001). On remand to the District Court, Prison Legal News was awarded an injunction prohibiting the censorship of it mailings based on the postal classification of its mail, the requirement that the Oregon DOC provide it with the notice and opportunity to contest any censorship of its mail, and approximately $58,000 in attorney fees. Details of that case are available in the April 2001 issue of Prison Legal News magazine.



It was the failure of the Oregon DOC to abide by the District Court’s injunction in Prison Legal News v. Cook that served as the basis for the lawsuit filed on April 2, 2002. The injunction imposed on the Oregon DOC by that case is unaffected by the settlement.



Prison Legal News was represented by Marc Blackman of Ransom and Blackman in Portland, Oregon, and Michael Gendler of Gendler and Mann in Seattle, Washington. The damages they negotiated is believed to be the largest awarded in a prison censorship case involving a publisher in this country.



Prison Legal News is the largest circulation monthly publication in the United States focusing on conditions of prisoner confinement, the current state of law related to prisoner rights, and other prison related legal issues.
__________________
"Too often ... people enjoy the comfort of opinion without the discomfort of thought" - Leapfrog
Reply With Quote
Sponsored Links
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
sentence reduction trueblue101 Prison & Criminal Legal Help! 18 12-13-2007 05:31 PM
Guardian:Life behind the prison looking glass titantoo United Kingdom Prison & Criminal Justice Topics 0 06-22-2005 08:20 PM
Represented by Pro Bono Atty? JamesGirl Prison & Criminal Legal Help! 11 05-03-2004 07:39 PM
Backfire: When Incarceration Increases Crime torrey General Prison Talk 6 03-17-2004 10:06 AM


All times are GMT -6. The time now is 10:43 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics