Prison Legal News v. Columbia County, Complaint 2012
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Case 3:12-cv-00071-SI
1
Document 1
4
Katherine C. Chamberlain, OSB# 042580
5
MacDonald Hoague & Bayless
705 Second Avenue, Suite 1500
Seattle, Washington 98104-1745
206-622-1604
7
Page ID#: 1
Marc D. Blackman, OSB # 730338
3
6
Page 1 of 24
marc~ransomblackman.com
Ransom Blackman LLP
1001 SW 5th Ave Ste 1400
Portland OR 97204
503 228-0487
2
Filed 01/13/12
KatherineC~rnhb.com
8
9
10
UNITED STATES DISTRICT COURT
11
DISTRICT OF OREGON
12
PORTLAND DIVISION
13
14
PRISON LEGAL NEWS, a project of the
HUMAN RIGHTS DEFENSE CENTER,
15
No·CV '12 - a071-~SI
COMPLAINT
Plaintiff,
16
DEMAND FOR JURY TRIAL
v.
17
18
19
COLUMBIA COUNTY; COLUMBIA
COUNTY SHERIFF'S OFFICE; JEFF
DICKERSON, individually and in his capacity
as Columbia County Sheriff,
20
Defendants.
21
22
23
I.
1.1
NATURE OF THE CASE
Plaintiff Prison Legal News, a project of the Human Rights Defense Center,
24
brings this action to enjoin Defendants' censorship of Prison Legal News' monthly publication,
25
and correspondence mailed to prisoners who are held in custody at the Columbia County Jail, in
26
violation of the First Amendment and the Fourteenth Amendment's Due Process Clause.
27
Defendants have adopted and implemented written mail policies and practices that
COMPLAINT - 1
9870.05 fa 122203
£iLl t7d5
MACDoNALD HOAGUE & SAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
TeI206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
Document 1
Filed 01/13/12
Page 2 of 24
Page ID#: 2
1
unconstitutionally restrict correspondence to and from prisoners to postcards only, and that
2
prohibit delivery of book catalogs and magazines to prisoners. Further, Defendants' policies and
3
practices do not afford due process notice and an opportunity to challenge the censorship as
4
required by the Constitution.
5
6
II.
2.1
JURISDICTION AND VENUE
This action arises under the First and Fourteenth Amendments to the United
7
States Constitution. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331, 1343,
8
2201, and 2202.
9
2.2
Venue is proper in the District of Oregon under 28 U.S.C. § 1391 (b)(2) because a
10
substantial part of the events complained of occurred in this District, and because the Defendants
11
reside in this District.
12
13
III.
3.1
PARTIES
Plaintiff Prison Legal News (PLN) is a project of the Human Rights Defense
14
Center (HRDC), a Washington Non-Profit Corporation. The core ofHRDC's mission is public
15
education, prisoner education, advocacy, and outreach in support of the rights of prisoners and in
16
furtherance of basic human rights. PLN publishes and distributes a monthly journal of
17
corrections news and analysis and certain books about the criminal justice system and legal
18
issues affecting prisoners, to prisoners, lawyers, courts, libraries, and the public throughout the
19
Country. PLN also maintains a website (www.prisonlegalnews.org) and operates an email list.
20
Prisoners of all types, family and friends of prisoners, and prisoner advocates, are among the
21
intended beneficiaries of PLN' s activities.
22
23
24
3.2
Defendant Columbia County is a municipal corporation formed under the laws of
the State of Oregon.
3.3
Defendant Columbia County Sheriffs Office is a department of Columbia County
25
and operates the Columbia County laillocated in St. Helens, Oregon. The Columbia County Jail
26
facility houses convicted prisoners and pretrial detainees.
27
COMPLAINT 2
9870.0; ful22203
MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle. Washington 98104
Tel206.622.1604 fax 206.343.3961
Case 3:12-cv-00071-SI
3.4
Document 1
Filed 01/13/12
Page 3 of 24
Page ID#: 3
Defendant Jeff Dickerson is the Sheriff of Columbia County. Sheriff Dickerson is
2
employed by and is an agent of Columbia County and the Sheriff's Office. He is responsible for
3
the operations of the Columbia County Jail, and the training and supervision of the Jail staffwho
4
interpret and implement the Jail's mail policy for prisoners. He is the policymaker for the Jail
5
policy governing mail for prisoners.
3.5
6
Each of the acts and omissions of persons alleged herein were taken under color
7
of state law and within the scope of their official duties as employees and officers of Columbia
8
County and the Columbia County Sheriffs Office.
IV.
9
10
4.1
FACTUAL ALLEGATIONS
Prison Legal News publishes and distributes a soft-cover monthly journal, and
11
publishes and distributes paperback books; about the criminal justice system and legal issues
12
affecting prisoners.
13
4.2
Prison Legal News has approximately 7,000 subscribers in the United States and
14
abroad, including prisoners, attorneys, journalists, public libraries, judges, and other members of
15
the public. PLN distributes its publication to prisoners and law librarians in approximately 2,200
16
correctional facilities across the United States, including the Federal Bureau of Prisons and the
17
Oregon Department of Corrections.
18
4.3
Prison Legal News engages in core protected speech and expressive conduct on
19
matters of public concern, such as operations of prison facilities, prison conditions, prisoner
20
health and safety, and prisoners' rights.
21
A.
22
CENSORSHIP AND LACK OF DUE PROCESS
4.4
Defendants have rejected PLN's monthly publications, book catalogs, book
23
offers, informational brochures, subscription forms, subscription renewal letters, fundraising
24
letters, and online articles mailed to prisoners held in custody at the Columbia County Jail. The
25
mail items rejected by Defendants include, but are not limited to, the items identified below.
26
27
COMPLAINT 3
9870.05 f.122203
l\IL\CDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle. Washington 98104
TeI206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
Document 1
1
2
3
4
Filed 01/13/12
Page 4 of 24
Page ID#: 4
Monthly Publications
4.5
Prison Legal News sent its monthly journal to certain prisoners at the Columbia
County Jail by U.S. Mail.
4.6
PLN's monthly journal is a 56-page publication titled Prison Legal News:
5
Dedicated to Protecting Human Rights and contains various articles on corrections news and
6
analysis, about prisoner rights, court rulings, management of prison facilities and prison
7
conditions.
8
9
4.7
On or about December 8, 2010 PLN mailed a December 2010 Prison Legal News
publication addressed to prisoner Rusty Campo at the Columbia County Jail. Rusty Campo was
10
a prisoner at the Columbia County Jail at the time that the Jail received the December 2010
11
Prison Legal News publication from PLN.
12
4.8
On or about January 13,2011, PLN mailed a January 2011 Prison Legal News
13
publication addressed to prisoner Rusty Campo at the Columbia County J ail. Rusty Campo was
14
a prisoner at the Columbia County Jail at the time that the Jail received the January 2011 Prison
15
Legal News publication from PLN.
16
17
4.9
News publication addressed to each ofthe following prisoners at the Columbia County Jail:
18
Prisoner Name
Daniel Butts
Cory Dell
Jacob Francoeur
William Hess
19
20
21
22
23
24
25
26
On or about January 31,2011, PLN mailed its September 2008 Prison Legal
The individuals identified above were prisoners at the Columbia County Jail at the time that the
Jail received the September 2008 Prison Legal News publications from PLN.
4.10
On or about January 31,2011, PLN mailed its November 2009 Prison Legal
News publication addressed to prisoner Nicholas Bierman at the Columbia County Jail. Nicholas
Bierman was a prisoner at the Columbia County Jail at the time that the Jail received the
November 2009 Prison Legal News publication from PLN.
27
COMPLAINT - 4
9870.05 fa122203
MACDoNALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
1
4.11
Document 1
Filed 01/13/12
Page 5 of 24
Page ID#: 5
On or about January 31, 2011, PLN mailed its January 2010 Prison Legal News
2
publication addressed to prisoner Andrew Plumber at the Columbia County Jail. Andrew
3
Plumber was a prisoner at the Columbia County Jail at the time that the Jail received the January
4
2010 Prison Legal News publication from PLN.
5
6
4.12
publication addressed to each of the following prisoners at the Columbia County Jail:
7
Prisoner Name
Ezra St. Helen
Scott Thomas
8
9
10
11
12
On or about February 1,2011, PLN mailed its July 2009 Prison Legal News
The individuals identified above were prisoners at the Columbia County Jail at the time that the
Jail received the July 2009 Prison Legal News publications from PLN.
4.13
On or about February 1,2011, PLN mailed its November 2009 Prison Legal
News publication addressed to each of the following prisoners at the Columbia County Jail:
13
Prisoner Name
Robert Beckwith
Scott Lavelle
Lloyd Myers
Alisha Vandolah
Jeffrey Vannatta
14
15
16
The individuals identified above were prisoners at the Columbia County Jail at the time that the
17
Jail received the November 2009 Prison Legal News publications from PLN.
18
4.14
On or about February 3,2011, PLN mailed its January 2010 Prison Legal News
19
publication addressed to prisoner KanaanMeyers at the Columbia County JaiL Prisoner Meyers
20
was a prisoner at the Columbia County Jail at the time that the Jail received the January 2010
21
Prison Legal News publication from PLN.
22
4.15
On or about February 3,2011, PLN mailed its July 2009 Prison Legal News
23
publication addressed to each of the following prisoners at the Columbia County Jail:
24
Prisoner Name
Troy McCarter
Shane McNutt
Robert Meader
Jason Quade
25
26
27
COMPLAINT - 5
9370.05 fa122203
MACDoNALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206,622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
Document 1
Filed 01/13/12
Page 6 of 24
Page ID#: 6
1
The individuals identified above were prisoners at the Columbia County Jail at the time that the
2
Jail received the July 2009 Prison Legal News publications from PLN.
3
4
4.16
On or about February 3, 2011, PLN mailed its September 2008 Prison Legal
News publication addressed to each of the following prisoners at the Columbia County Jail:
Prisoner Name
Nicholas Jones
Martin Kay
5
6
7
The individuals identified above were prisoners at the Columbia County Jail at the time that the
8
Jail received the September 2008 Prison Legal News publications from PLN.
9
10
4.17
Onor about February 10, 2011, PLN mailed its February 2011 Prison Legal News
publication addressed to each of the following prisoners at the Columbia County Jail:
11
Prisoner Name
Troy McCarter
Ezra St. Helen
12
13
The individuals identified above were prisoners at the Columbia County Jail at the time that the
14
Jail received the February 2011 Prison Legal News publications from PLN.
15
4.18
On or about March 10,2011, PLN mailed its March 2011 Prison Legal News
16
publication addressed to prisoner Ezra St. Helen at the Columbia County Jail. Ezra St. Helen
17
was a prisoner at the Columbia County Jail at the time that the Jail received the March 2011
18
Prison Legal News publication from PLN.
19
4.19
On or about April 11, 2011, PLN mailed its April 2011 Prison Legal News
20
publication addressed to prisoner Troy McCarter at the Columbia County Jail. Troy McCarter
21
was a prisoner at the Columbia County Jail at the time that the Jail received the April 2011
22
Prison Legal News publication from PLN.
23
4.20
On or about May 18, 2011, PLN mailed its May 2011 Prison Legal News
24
publication addressed to prisoner Ezra St. Helen at the Columbia County Jail. Ezra St. Helen
25
was a prisoner at the Columbia County Jail at the time that the Jail received the May 2011 Prison
26
Legal News publication from PLN.
27
COMPLAINT 6
9870.05 fal22103
MACDONALD "OAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
1
2
4.21
Document 1
Filed 01/13/12
Page 7 of 24
Page ID#: 7
On or about June 9, 2011, PLN mailed its June 2011 Prison Legal News
publication addressed to each of the following prisoners at the Columbia County Jail:
3
Prisoner Name
Ezra St. Helen
Martin Kay
4
5
The individuals identified above were prisoners at the Columbia County Jail at the time that the
6
Jail received the June 2011 Prison Legal News publications from PLN.
7
8
4.22
On or about June 30, 2011, PLN mailed its May 2008 Prison Legal News
publication addressed to each of the following prisoners at the Columbia County Jail:
9
Prisoner Name
George Lammi
Jeffrey Murray
Cindy Seaston
10
11
The individuals identified above were prisoners at the Columbia County Jail at the time that the
12
Jail received the May 2008 Prison Legal News publications from PLN.
13
4.23
On or about July 20, 2011, PLN mailed its May 2009 Prison Legal News
14
publication addressed to each of the following prisoners at the Columbia County Jail:
15
Prisoner Name
Mark Gift
Ralph Patterson
Barry Shaft
William Temple
Robert Westmoreland
16
17
18
19
The individuals identified above were prisoners at the Columbia County Jail at the time that the
20
Jail received the May 2009 Prison Legal News publications from PLN.
21
22
23
4.24
Defendants rejected each publication identified in paragraphs 4.7-4.23, and did
not deliver the publications to the prisoner-addressees.
4.25
Defendants rejected many but not all of the journals that Prison Legal News sent
24
to prisoners. Defendants returned a number of the rejected journals, but it is unknown whether
25
they returned them all. For the journals that Defendants returned to Prison Legal News,
26
Defendants: (a) placed a sticker on the mail stating: "As of April 1, 2010 The Columbia County
27
Jail ONLY ACCEPTS POSTCARDS, This applies to ALL incoming and out going mail"; (b)
COMPLAINT - 7
9870,05 fal22203
MACDONALD HOAGUE & BAYLESS
705 Second Avenue. Suite 1500
Seattle, Washington 98\04
TeI206,622,]604 Fax 206343.3961
Case 3:12-cv-00071-SI
Document 1
Filed 01/13/12
Page 8 of 24
Page ID#: 8
1
stamped the mail "INSPECTED BY COLUMBIA COUNTY JAIL" and handwrote checkrnarks
2
next to "RETURN TO SENDER", and "REFUSE/VIOLATES SECURITY"; or (c) merely
3
stamped the mail "RETURN TO SENDER."
4
5
6
7
8
9
10
4.26
Defendants did not provide PLN due process notice or an opportunity to appeal
the censorship decisions.
4.27
Defendants did not provide the prisoner-addressees due process notice or an
opportunity to appeal the censorship decisions.
In addition to those identified above, PLN mailed other Prison Legal News
4.28
journals addressed to prisoners at the Columbia County Jail between January 201 I-January 2012.
On information and belief, Defendants rejected additional Prison Legal News
4.29
11
journals that PLN sent to prisoners, other 'than those identified above, and Defendants failed to
12
give PLN and the prisoners due process notice and an opportunity to be heard, and Defendants
13
continue to do so.
14
15
4.30
County J ail in the future.
16
17
PLN intends to continue sending its monthly journal to prisoners at the Columbia
Informational Brochures, Subscription Order Forms, Book Catalogs
4.31
Prison Legal News sent informational brochures about PLN and subscription
18
order forms, book catalogs, and book offers to prisoners at the Columbia County Jail in a white
19
standard # 10 envelopes via first-class mail.
20
4.32
Prison Legal News Brochure and Subscription Order Form: Prison Legal
21
News sent certain prisoners at the Columbia County Jail an informational brochure about its
22
organization and publications. The double-sided single-page brochure includes: a description of
23
the topics covered in PLN's monthly journal, subscription rates, special subscription offers, and
24
an order form; a description of three books available for purchase or included with a SUbscription
25
to Prison Legal News-Protecting your Health & Safety, With Liberty for Some: 500 Years of
26
Imprisonment in America, and Prison Profiteers: Who Makes Money from Mass Incarceration;
27
and other information about PLN's bookstore.
COMPLAINT 8
9S70,05 f3122203
:'VL-\CDOi'iALD HOAGUE & 8.-\ YLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel206,622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
1
4.33
Document 1
Filed 01/13/12
Page 9 of 24
Page ID#: 9
Book Catalog: Prison Legal News sent certain prisoners at the Columbia County
2
Jail its 2010 PLN Book List. The double-sided single-page book list includes a description of 43
3
books, dictionaries, and resource materials available for purchase. The books available for
4
purchase include information about a variety of topics, including but not limited to: the basic
5
rights ofprisoners regarding health and safety; the American criminal justice system; self
6
representation in court; finding the right lawyer; DNA testing; issues related to imprisoned
7
women; developing a successful re-entry plan upon release from prison; searching for a job;
8
crime and poverty; and the mental health crisis in U.S. prisons and jails.
4.34
9
Book Offers: Prison Legal News sent certain prisoners at the Columbia County
10
Jail a double-sided single-page informational brochure about two books for sale: The Habeas
11
Citebook: Ineffective Assistance ofCounsel, a handbook containing case citations, pleadings, and
12
forms designed to help a prisoner seek habeas corpus relief; and Prisoners' Guerrilla Handbook
13
to Correspondence Programs in the United States and Canada, a handbook on high school,
14
vocational, paralegal, undergraduate, and graduate courses available through correspondence
15
study.
16
17
18
19
20
21
22
23
24
25
26
27
4.35
Collectively, the PLN Brochure, Book List, and Book Offer described above in
paragraphs 4.31-4.34 are referred to as "Informational Brochure Packs" below.
4.36
Prison Legal News mailed Informational Brochure Packs addressed to each of the
following prisoners at the Columbia County Jail:
Prisoner Name
Robert Beckwith
Daniel Butts
Cory Dell
Jacob Francoeur
Mark Gift
Nicholas Jones
Martin Kay
George Lammi
Scott Lavelle
Troy McCarter
Shane McNutt
Robert Meader
Kanaan Meyers
Jeffrey Murray
COMPLAINT 9
9870.05 fa 122203
Date Mailed to Prisoner
January 31, 2011
Februat:y 3, 2011
February 3, 2011
February 3, 2011
July 20, 2011
February 3, 2011
February 1,2011
June 30, 2011
January 31,2011
February 1, 2011
January 31,2011
February 3, 2011
January 31,2011 and February 4,2011
June 30, 2011
MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
2
3
4
5
6
Document 1
Lloyd Myers
Ralph Patterson
Andrew Plumber
Jason Quade
Cindy Seaston
Barry Shaft
Ezra St. Helen
William Temple
Scott Thomas
Alisha V ando lah
J effrey Vannatta
Robert Westmoreland
Filed 01/13/12
Page 10 of 24
Page ID#: 10
January 31,2011
July 20,2011
January 31, 2011
February 1, 2011
June 30, 2011
July 20,2011
February 1, 2011
July 20,2011
February 1, 2011
February 1, 2011
February 3,2011
July 20, 2011
7
8
9
4.37
The prisoners identified above in paragraph 4.36 were prisoners at the Columbia
County Jail at the time that the Jail received the Informational Brochure Packs addressed to each
10
prisoner from PLN.
11
4.38
12
13
Defendants rejected each Informational Brochure Pack sent by PLN and did not
deliver them to the prisoner-addressees.
4.39
For the Informational Brochure Packs that Defendants returned to Prison Legal
14
News, Defendants: (a) placed a sticker on the mail stating: "As of Apri11, 2010 The Columbia
15
County Jail ONLY ACCEPTS POSTCARDS, This applies to ALL incoming and out going
16
mail"; (b) stamped the mail "INSPECTED BY COLUMBIA COUNTY JAIL" and handwrote
17
checkmarks next to "RETURN TO SENDER" and "REFUSENIOLATES SECURITY"; or (c)
18
merely stamped the mail "RETURN TO SENDER."
19
20
21
22
23
24
25
4.40
Defendants did not provide PLN due process notice or an opportunity to appeal
the censorship decisions.
4.41
Defendants did not provide the prisoner-addressees due process notice or an
opportunity to appeal the censorship decisions.
4.42
In addition to those identified above, PLN mailed Informational Brochure Packs
addressed to other prisoners at the Columbia County Jail in 2011.
4.43
On information and belief, Defendants rejected additional Informational Brochure
26
Packs that PLN sent to prisoners, other than those identified above, and Defendants failed to give
27
due process notice and an opportunity to be heard to PLN and the prisoner-addressees.
COMPLAINT 10
9870.05 [.122:203
l\'iAcDOI"ALD HOAGliE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
4.44
2
Document 1
Page 11 of 24
Page ID#: 11
Prison Legal News intends to continue sending Informational Brochure Packs to
prisoners at the Columbia County Jail in the future.
Renewal Letters
3
4
Filed 01/13/12
4.45
Prison Legal News sent sUbscription renewal letters along with Informational
5
Brochure Packs ("Subscription Renewal Packs") to certain prisoners at the Columbia County Jail
6
in white standard # lO envelopes via first-class mail.
7
4.46
Each personalized subscription renewal letter mailed to a prisoner at the
8
Columbia County Jail included information for the prisoner-addressee that his individual
9
subscription was nearing its end.
lO
11
12
13
14
15
16
4.47
In May and June 2011, Prison Legal News mailed Subscription Renewal Packs
addressed to each of the following prisoners at the Columbia County Jail:
Prisoner Name
William Hess
Martin Kay
Troy McCarter
Shane McNutt
Andrew Plumber
Jason Quade
Ezra Sf. Helen
Alisha Vandolah
Date Sent
6116111
6116111
6116111
6/16111
6/16111
5/21111
6/16111
6116111
17
18
The prisoners identified above were prisoners at the Columbia County Jail at the time that the
19
Jail received the Subscription Renewal Packs addressed to each prisoner from PLN.
20
21
22
4.48
Defendants rejected each Subscription Renewal Pack sent by PLN and did not
deliver them to the prisoner-addressees.
4.49
For the Subscription Renewal Packs that Defendants returned to Prison Legal
23
News, Defendants: (a) placed a sticker on the mail stating: "As of April 1,2010 The Columbia
24
County Jail ONLY ACCEPTS POSTCARDS, This applies to ALL incoming and out going
25
mail"; or (b) merely stamped the mail "RETURN TO SENDER."
26
27
4.50
Defendants did not provide Prison Legal News due process notice or an
opportunity to appeal the censorship decisions.
COMPLAINT - 11
9870,05 fal22203
IVIACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98! 04
Tel206,622,1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
1
2
3
4
5
4.51
Document 1
Filed 01/13/12
Page 12 of 24
Page ID#: 12
Defendants did not provide the prisoner-addressees due process notice or an
opportunity to appeal the censorship decisions.
4.52
In addition to those identified above, PLN mailed Subscription Renewal Packs
addressed to other prisoners at the Columbia County Jail in 2011.
4.53
On infonnation and belief, Defendants rejected additional Subscription Renewal
6
Packs that PLN sent to other prisoners, other than those identified above, and Defendants failed
7
to give due process notice and an opportunity to be heard to PLN and the prisoner-addressees.
8
9
4.54
Prison Legal News intends to continue sending Subscription Renewal Packs to
prisoners at the Columbia County Jail in the future.
10
11
Fundraising Letters and Brochures
4.55
Prison Legal News sent fundraising letters along with Infonnational Brochure
12
Packs ("Fundraising Pack") to certain prisoners at the Columbia County Jail in white standard #
13
10 envelopes via standard rate nonprofit mail.
14
4.56
Each fundraising letter mailed to a prisoner at the Columbia County Jail included
15
infonnation for the prisoner-addressee about PLN's history, PLN's efforts to protect civil rights
16
across the country, and its journal and books available for purchase.
17
4.57
In approximately November 2011, Prison Legal News mailed Fundraising Packs
18
addressed to prisoners William Temple and Barry Shaft at the Columbia County Jail. Mr.
19
Temple and Mr. Shaft were prisoners at the Columbia County Jail at the time that the Jail
20
received the Fundraising Packs addressed to each of them from PLN.
21
22
23
4.58
Defendants rejected each Fundraising Pack sent by PLN and did not deliver them
to the prisoner-addressees.
4.59
For the Fundraising Packs that Defendants returned to Prison Legal News,
24
Defendants merely stamped them "RETURN TO SENDER" without stating a reason for
25
censorship.
26
4.60
27
Defendants did not provide Prison Legal News due process notice or an
opportunity to appeal the censorship decisions.
COMPLAINT - 12
9870,05 fal21203
MACDoNALD HOAGUE & BAYLESS
705 Second Avenue. Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
1
2
3
4
5
4.61
Document 1
Filed 01/13/12
Page 13 of 24
Page ID#: 13
On infonnation and belief, Defendants did not provide the prisoner-addressees
due process notice or an opportunity to appeal the censorship decisions.
4.62
In addition to those identified above, PLN mailed Fundraising Packs addressed to
other prisoners at the Columbia County Jail in 2011.
4.63
On infonnation and belief, Defendants rejected additional Fundraising Packs that
6
PLN sent to other prisoners, other than those identified above, and Defendants failed to give due
7
process notice and an opportunity to be heard to PLN and the prisoner-addressees.
8
9
4.64
Prison Legal News intends to continue sending Fundraising Packs to prisoners at
the Columbia County J ail in the future.
PLN Online Article
10
11
12
13
4.65
An individual, Lucy Lennox, sent legal articles that she printed off ofPLN's
website to certain prisoners at the Columbia County Jail in standard #10 envelopes via U.S. Mail.
4.66
The legal articles mailed by Ms. Lennox to prisoners at the Columbia County Jail
14
include a critique ofprison privatization, and research findings about the goals and results of the
15
move toward privatization. The articles also identify a correspondence school book available
16
for sale, and include introductory descriptions ofPLN's 20 "Breaking News" headlines about
17
various topics, including but not limited to sex abuse in prison, poor forensics used to secure
18
criminal convictions, private prison companies behind Arizona's immigration law, and the death
19
penalty in Texas.
20
21
22
23
24
25
26
27
4.67
In December 2011, Ms. Lennox mailed PLN online articles to the following
prisoners at the Columbia County Jail:
Prisoner Name
Steven Adams
Arthur Bates Jr.
Toni Bertasso
Daniel Butts
Robert Clement
Anthony Deherrera
Kenna Haynes
Scott Lavelle
Billy Nelson
Samuel Oester
COMPLAlNT 13
9870,05 fa 122203
Date Sent
12115/11
12115111
12/21111
12115/11
12115111
12122111
12122111
12115111
12115111
12115111
MACDoNALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel206,622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
Document 1
Cindy Seastone
Barry Shaft
William Temple
Timothy Turner
Alisha Vandolah
1
2
3
Filed 01/13/12
Page 14 of 24
Page ID#: 14
12/15/11
12115111
12/15/11
12/20/11
12/15/11
The prisoners identified above were prisoners at the Columbia County Jail at the time that the
4
Jail received the PLN articles addressed to each of them from Ms. Lennox.
5
4.68
Defendants rejected at least twelve PLN articles sent by Ms. Lennox and did not
6
deliver them to the prisoners to which they were addressed by name.
7
4.69
For the PLN articles that Defendants returned to Ms. Lennox, Defendants: (a)
8
placed a sticker on the mail stating: "As of April 1,2010 The Columbia County Jail ONLY
9
ACCEPTS POSTCARDS, This applies to ALL incoming and out going mail"; (b) stamped the
10
mail "INSPECTED BY COLUMBIA COUNTY JAIL" and handwrote checkmarks next to
11
"RETURN TO SENDER" and "REFUSENIOLATES SECURITY"; (c) stamped the mail
12
"INSPECTED BY COLUMBIA COUNTY JAIL" and handwrote checkmarks next to
13
"RETURN TO SENDER" and "CONTRABAND"; or (d) stamped the mail "INSPECTED BY
14
COLUMBIA COUNTY JAIL" and handwrote "no envelope mail".
15
4.70
Defendants did not provide Ms. Lennox due process notice or an opportunity to
16
appeal the censorship decisions.
17
4.71
Defendants did not provide the prisoner-addressees due process notice or an
18
opportunity to appeal the censorship decisions.
19
B.
JAIL POLICIES
20
4.72
On April 1, 2010, the Columbia County Jail implemented a new policy governing
21
mail to prisoners. A true copy of the policy is attached to this Complaint as Exhibit A.
22
4.73
Ban on Speech that is Not a Postcard: Effective April 1, 2010, Defendants
23
instituted a policy that requires all incoming and outgoing mail to prisoners to be in postcard
24
form (hereinafter "Postcard-Only Mail Policy").
25
4.73.1
The Jail's Postcard-Only Mail Policy states, in pertinent part:
26
Incoming Mail will be only accepted in the form of commercially
produced postcards or a photograph used as a postcard.
27
COMPLAINT 14
98;0.05 fa[12203
MACDo~ALD HOAGliE
& BA HESS
705 Second Avenue. Suite 1500
Seattle, Washington 98104
Tel206.622.1604 Fax 206343.3961
Case 3:12-cv-00071-SI
Document 1
Filed 01/13/12
Page 15 of 24
Page ID#: 15
See Exhibit A.
2
4.73.2
In addition, Defendants sometimes place a sticker on returned mail,
3
which states: "As of April 1,2010 The Columbia County Jail ONLY ACCEPTS POSTCARDS,
4
This applies to ALL incoming and out going maiL"
4.73.3
5
Defendants have used their Postcard-Only Mail Policy to censor
6
Plaintiff's Prison Legal News journal, Informational Brochure Packs, Renewal Brochure Packs,
7
Fundraising Packs, online articles, and other correspondence.
8
9
4.73.4
Defendants have used their Postcard-Only Mail Policy to censor
correspondence from other publishers, companies, organizations, prisoners and individuals. For
10
example, Defendants rejected numerous PLN articles that Lucy Lennox printed from the PLN
11
website and mailed to certain prisoners at the Columbia County Jail. The Jail's stated
12
justification for rejection was that "the Columbia County Jail ONLY ACCEPTS POSTCARDS"
13
or "no envelope mail" as the reason for rejection.
14
4.73.5
Defendants' Postcard-Only Mail Policy is unconstitutionally overbroad.
15
4.73.6
Defendants' Postcard-Only Mail Policy and their practice of enforcing
16
this policy unconstitutionally burdens Plaintiff's First Amendment rights, the First Amendment
17
rights of other correspondents who send mail to prisoners confined at the Columbia County Jail,
18
the First Amendment rights of the intended recipients of outgoing mail from prisoners confined
19
at the Columbia County Jail, and the First Amendment rights of prisoners at the Columbia
20
County Jail.
21
4.74
Ban on Speech that is a Magazine: Defendants' Mail Policy bans all magazines
22
(hereinafter "No-Magazines Mail Policy"). The Jail's No-Magazines Mail Policy states, in
23
pertinent part:
24
Publications: "We do not accept magazines." ...
Magazines: "Are not allowed inside the facility."
25
26
See Exhibit A.
27
COMPLAINT 15
98;0.05 fu122203
MACDO/i,<\LD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Te1206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
1
2
4.74.1
Document 1
Filed 01/13/12
Page 16 of 24
Page ID#: 16
On information and belief, Defendants have used their No-Magazines
Mail Policy to censor Plaintiffs Prison Legal News journal and other correspondence.
3
4.74.2
On information and belief, Defendants have used their No-Magazines
4
Mail Policy to censor magazines, journals, publications and other correspondence from other
5
publishers, book distributors, companies, organizations, and individuals.
6
4.74.3
Defendants' No-Magazines Mail Policy is unconstitutionally overbroad.
7
4.74.4
Defendants' No-Magazines Mail Policy and its practice of enforcing this
8
policy unconstitutionally burdens Plaintiffs First Amendment rights, the First Amendment rights
9
of other correspondents who send mail to prisoners confined at the Columbia County Jail, and
10
11
the First Amendment rights of prisoners at the Columbia County Jail.
4.75
Lack of Procedural Due Process Protections: Defendants' mail policies do not
12
require them to provide due process notice or an opportunity for the mail sender, intended
13
recipient, or prisoner to appeal the Jail's censorship decisions; and Defendants' practice likewise
14
does not provide due process notice or an opportunity for the mail sender, intended recipient, or
15
prisoner to appeal the Jail's censorship decisions. Defendants' policies and practices violate the
16
Due Process Clause of the Fourteenth Amendment.
17
4.76
Defendants' policies and conduct prohibiting delivery of Prison Legal News'
18
monthly journal, informational brochures, subscription forms, book catalogs, book offers,
19
renewal letters, fundraising letters, online articles, and other publications and correspondence to
20
prisoners confined at the Columbia County Jail, violate the First Amendment. Similarly,
21
Defendants' policies and conduct prohibiting delivery of incoming mail from correspondents
22
other than PLN, and prohibiting delivery of outgoing mail from prisoners to PLN or other
23
intended recipients, violate the First Amendment.
24
25
26
27
4.77
Defendants' policies and their censorship of the expressive activities set forth
above have a chilling effect on future speech.
4.78
Defendants' policies and practices described above frustrate Prison Legal News's
organizational mission and have caused Prison Legal News to divert its resources.
COMPLAINT - 16
98;0.05 fale2203
IVL-\cDoNALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle. Washington 98104
Tel 206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
4.79
Document 1
Filed 01/13/12
Page 17 of 24
Page ID#: 17
Defendants' policies and actions have violated, continue to violate, and are
2
reasonably expected to violate in the future Plaintiffs constitutional rights to communicate its
3
political message to prisoners, to recruit new supporters, readers and subscribers, and have
4
caused Plainti ff additional financial harm in the form of di version of its resources, lost
5
subscriptions, and lost publication and book purchases.
6
4.80
Defendant Dickerson and other agents of Columbia County are responsible for or
7
personally participated in creating and implementing these unconstitutional policies, practices,
8
and customs, and for training and supervising the mail staff members whose conduct also have
9
injured and continue to injure Plaintiff and others, or ratified or adopted the polices or actions
10
described herein.
v.
11
CLAIM ALLEGATIONS
12
COUNT 1
13
FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION
14
5.1
Plaintiffrealleges and incorporates by reference the preceding paragraphs.
15
5.2
The acts described above constitute violations of Plaintiff's rights, the rights of
16
other correspondents who have attempted to or intend to correspond with prisoners at the
17
Columbia County Jail, and the rights of prisoners confined at the Columbia County Jail, under
18
the First Amendment to the United States Constitution through 42 U.S.c. § 1983.
19
20
21
5.3
The acts described above have caused damages to Plaintiff, and will continue to
cause damage.
5.4
Plaintiff seeks declaratory and injunctive relief and nominal and compensatory
22
damages against all Defendants. Plaintiff seeks punitive damages solely against Defendant
23
Dickerson in his individual capacity.
M
COUNT 2
25
DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT
26
TO THE UNITED STATES CONSTITUTION
27
5.5
Plaintiff realleges and incorporates by reference the preceding paragraphs.
COMPLAINT - 17
9870.05 fa122203
& BAYLESS
705 Second Avenue. Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961
MACDONALD HOAGL'E
Case 3:12-cv-00071-SI
5.6
Document 1
Filed 01/13/12
Page 18 of 24
Page ID#: 18
The acts described above constitute violations of Plaintiff's rights, the rights of
2
other correspondents who have attempted to or intend to correspond with prisoners at the
3
Columbia County Jail, and the rights of prisoners confined at the Columbia County Jail, under
4
the Fourteenth Amendment to the United States Constitution through 42 U.S.c. § 1983.
5
6
7
5.7
The acts described above have caused damages to Plaintiff, and will continue to
cause damage.
5.8
Plaintiff seeks declaratory and injunctive relief and nominal and compensatory
8
damages against all Defendants. Plaintiff seeks punitive damages solely against Defendant
9
Dickerson in his individual capacity.
10
11
VI.
6.1
INJUNCTION ALLEGATIONS
Defendants' unconstitutional policy, practices, and customs are ongoing and
12
continue to violate Plaintiff's constitutional rights and the rights of other correspondents and
13
prisoners, and as such there is no adequate remedy at law.
14
6.2
Plaintiff is entitled to injunctive relief prohibiting Defendants from: refusing to
15
deliver or allow delivery of publications, books, informational brochures and subscription forms,
16
book catalogs, book offers, renewal letters, fundraising letters, online articles, and other
17
correspondence from Prison Legal News or other correspondents; censoring or rejecting mail on
18
the ground that it is not in the form of a postcard; censoring or rejecting a catalog on the ground
19
that it is a catalog or not a postcard; censoring or rejecting mail on the ground that it is a
20
magazine; and prohibiting Defendants from censoring mail without due process oflaw.
21
VII.
REQUEST FOR RELIEF
22
WHEREFORE, the Plaintiff requests relief as follows:
23
7.1
24
25
26
A preliminary injunction and a permanent injunction preventing Defendants from
continuing to violate the Constitution, and providing other equitable relief.
7.2
A declaration that Defendants' policies, practices, and customs violate the
Constitution.
27
COMPLAINT - 18
9SiO.05 fu 112203
l\'IACDON..\LD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98 \04
TeI206.622.J604 Fax 206343.3961
Case 3:12-cv-00071-SI
7.2
2
3
4
Document 1
Filed 01/13/12
Page 19 of 24
Page ID#: 19
An award of nominal, compensatory, and punitive damages for each violation of
its First Amendment rights to free speech and expression in an amount to be proved at trial.
7.3
An award of nominal, compensatory, and punitive damages for each violation of
its Fourteenth Amendment rights to due process in an amount to be proved at trial.
5
7.4
A trial by jury on damages.
6
7.5
Costs, including reasonable attorney's fees, under 42 U.S.C. § 1988, and under
7
other applicable law.
8
7.6
Pre-j udgment and post-judgment interest.
9
7.7
The fight to conform the pleadings to the proof and evidence presented at triaL
10
7.8
Such other relief as the Court deems just and equitable.
11
DATED this 13th day of January, 2012.
/l
RA7H
12
iLACKMAN
13
By:
14
~~TtT~~~~~~~~------
15
16
17
18
19
20
21
22
23
24
25
26
27
COMPLAINT - 19
98;0.05 fal22203
MACDoNALD HOAGUE & BAYLESS
70S Second Avenue, Suite 1500
Seattle, Washington 98 \04
Tel 206.622.1604 Fax 206.343.3961
Case 3:12-cv-00071-SI
Document 1
Filed 01/13/12
Page 20 of 24
Page ID#: 20
EXHIBIT A
TO
COMPLAINT
Case 3:12-cv-00071-SI
Document 1
Inmate Mail
Last Updated Friday, 06 August 201016:48
Filed 01/13/12
Page 21 of 24
Page ID#: 21
Incoming Mail:
Incoming Mail will be only accepted In the form of commercially-produced postcards or a
photograph used as a postcard. Themail is delivered to the Sheriff's Office Monday through
Saturday, excluding holidays.
Address
Inmate's Name (Booking Number)
Columbia County Jail
901 Port Avenue
St. Helens, Oregon 97051
Prohibited Mail
Effective April 1, 2010 the Columbia County Sheriff's Office is changing the procedures
that apply to inmate mail.
MAIL VIOLATIONS:
(Will result in the post card(s) being returned to sender)
* No Inmate Name
* Incomplete Return Address
* Stickers of any kind (Includes address labels)
* Rubber Inked Stamps
* Tape
* Lipstick
* Colored Pencils
* Paperclips I Staples etc.
• Correction Tape / Fluid
• Crayon
* Paint
* Watercolor or colored markers
* Food / Beverage Stains
• Perfume I Cologne
• Any unidentifiable substance
1/4
Case 3:12-cv-00071-SI
Inmate Mail
Document 1
Filed 01/13/12
Page 22 of 24
Page ID#: 22
Last Updated Friday, 06 August 201016:48
The following mail will not be received or sent from the facility and will be returned to the
sender.
1. Mail from one inmate to another at this facility requires a supervisor's approval.
2. Mail that threatens blackmail or extortion.
3. Mail that concerns sending contraband into or out of our jail.
4. Mail that concerns escape plans.
5. Mail that concerns plans for activities in violation of the jail rules.
6. Mail that concerns plans for criminal activity.
7. Mail that contains information which, if communicated, would create a danger of violence or
physical harm to a person
8. Mail that is sensational. Sensationalism is writing or other printed material that poses a
threat to the security, safety, or good order of the jail.
9. Mail that contains any contraband materials.
10. No personal packages will be accepted through the mail or by the Sheriff's Office Clerks.
11. Polaroid or other instant developing photographs.
12. Picture frames or picture folders.
13. Photographs larger than 5" x 7".
14. Postage stamps, blank writing paper, or blank envelopes.
15. Mail that contains gang-related writings, drawings, or symbols on the outside of the
envelope or letter.
16. Mail that contains a foreign substance, bodily fluid, perfume or cologne.
17. Mail written in code or suspected code.
18. Sexually explicit materials.
19. Mail that encourages or instructs in a commission of a crime.
20. Mail falsely labeled "Official Mail."
21. Photographs that are not printed by a professional commercial source (photo labs or
kiosks) will not be accepted. (home printer produced pictures on regular paper are not allowed.)
22. Stickers, tape, and return address labels.
Legal Professional Mail Rules:
Inmate legal mail and professional mail rules have not changed.
Publications:
We do not accept magazines. Books must be sent directly from the publisher or bookstore. An
inmate may receive no more than three books per month.
Man Definitions and Frequently Asked Questions:
2/4
c.
Case 3:12-cv-00071-SI
Inmate Mall
Document 1
Filed 01/13/12
Page 23 of 24
Page ID#: 23
Last Updated Friday, 06 August 201016:48
Incomplete return address: Return address is missing either part of the address or first and
last name of sender.
No Inmate Name: Inmate's first and last names are NOT on the post card.
Dead Mailed: There is no return address. In this case the postcard is returned to the Post
Office.
What happens to the postcard I send to an inmate when it arrives at the Facility?
After the post card has been cleared through administration, it is reviewed for mail violations. If
a violation is found, the Deputy will complete a Mail Violation Form and the mail will be placed in
the inmate's property until their release, or it will be returned to the sender.
Can I send a care package to an Inmate?
Inmates housed in the Jail cannot receive care packages of any kind through the mail. Care
packages
which are not mail in can be purchased through
www.columbia.icaredirect.eom
. We only accept care packages by this method.
Can Inmates have access to Books, Magazines, and Newspapers?
The Columbia County Jail has certain legal publications as well as books for entertainment, and
some faith-based materials. Books may be procured from outside the jail. however any such
book, hardbound or otherwise, must be sent directly from the publisher or bookstore via the
U.S. Mail. Newspapers maybe subscribed to in the inmate's name for delivery to the jail.
Magazines: Are not allowed inside the facility.
Religious Materials: Inmates can request a Bible from the Law Library. Inmates can also
attend a religious program and receive religious materials from the Columbia County Sheriff's
Office Volunteer who facilitates that particular program.
3/4
Case 3:12-cv-00071-SI
.
Document 1
Inmate Mail
Last Updated Friday, 06 August 2010 16:48
Filed 01/13/12
Page 24 of 24
Page ID#: 24
4/4
