Prison Legal News v. Stolle et al

Plaintiff: Prison Legal News
Defendant: Ken Stolle and John Does 1-10
Case Number: 2:2013cv00424
Filed: July 31, 2013
Court: Virginia Eastern District Court
Office: Norfolk Office
County: Virginia Beach City
Presiding Judge: Mark S. Davis
Referring Judge: Douglas E. Miller
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
December 8, 2014 65 Opinion or Order of the Court OPINION AND ORDER re 35 MOTION for Summary Judgment on Plaintiff's First Amendment claims filed by Prison Legal News, 49 MOTION for Summary Judgment Defendants' Motion for Summary Judgment filed by V Ogden, Matth ew Wilson, M Brittingham, E Rodriguez, A Torno, Darlene Moore, Ken Stolle, G Havens, V Harris. The Court TAKES UNDER ADVISEMENT the parties' cross motions for summary judgment as to the constitutionality of Defendants' "sexual ly explicit materials" policy in order to permit additional briefing on such subject. As to the cross motions for summary judgment onDefendants' "ordering form policy," Defendants' motion is GRANTED and Plaintiff's motio n is DENIED. The Court GRANTS Defendants' motion for summary judgment to the extent Defendants invoke the doctrine of qualified immunity as to both the ordering form ban and sexually explicit materials ban. All other arguments in support of summ ary judgment contained in the cross motions are DENIED. Counsel for both parties are INSTRUCTED to meet and confer in person within 21 days of the issuance of this Opinion and Order to discuss whether the resumption of the settlement conference previ ously conducted in this case would prove fruitful. The parties shall file with the Court, jointly or separately, a "status update" no later than Wednesday, January 7, 2015, indicating their position on whether a briefing schedule should be set by the Court for supplemental summary judgment briefs or whether the parties would prefer to resume settlement discussions with a Magistrate Judge prior to being ordered to submit further briefing on the issue of summary judgment. Copies distributed as directed on 12/9/2014. Signed by District Judge Mark S. Davis on 12/8/2014 and filed on 12/8/2014. (bgra)
March 31, 2015 84 Opinion or Order of the Court OPINION AND ORDER granting 35 Motion for Summary Judgment; denying 49 Motion for Summary Judgment; granting 77 Motion for Summary Judgment. PLN's original motion for summary judgment is GRANTED as to the reserved issue regarding the c onstitutionality of Defendants ' former policy on sexually explicit materials. ECF No. 35. Such former policy is declared unconstitutional as it is overbroad pursuant to the Turner analysis discussed in detail herein. The Sheriff and other named Defendants are hereby permanently ENJOINED from reverting to such policy. Defendants' cross motion for summary judgment on this issue is DENIED. ECF No. 49. PLN's second motion for summary judgment is GRANTED, and it is hereby declared tha t Defendants' former publication review policies were unconstitutional as they failed to provide adequate notice and an opportunity to be heard as to decisions made by the VBSO to censor a unique monthly publication sent to inmate subscribers. E CF No. 77. The Court likewise grants PLN' s request for injunctive relief, and the Sheriff and other named Defendants are hereby permanently ENJOINED from reverting to the prior policies that failed to provide publishers adequate notice and an o pportunity to be heard "when their publications [we]re disapproved for receipt by inmate subscribers." Montcalm Publ' g, 80 F.3d at 106. The parties are hereby afforded fourteen (14) additional days to confer on the issue of monetary damages, and the Court Strongly encourages the parties to meet in person if they are having difficulty reaching an agreement. If the parties have not reached agreement by the end of the fourteen (14) day period, they shall, separately or collectivel y, file a "Status Update" on the record including comments on whether a continuance of the settlement conference has been scheduled and, if not, whether PLN wish to proceed to a jury trial on the issue of nominal and/or punitive damages. Copies provided as directed.Signed by District Judge Mark S. Davis on 3/31/2015. (bgra)

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Plaintiff: Prison Legal News
Represented By: Jeffrey E. Fogel
Represented By: Steven David Rosenfield
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Defendant: Ken Stolle
Represented By: Jeff Wayne Rosen
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Defendant: John Does 1-10
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