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Prison Legal News v. Clarke, Massachussetts DOC Censorship Settlement, 2009

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05/12/2003

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SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT is entered into by and bet.'een PRISON
LEGAL NEWS

("PLN") and the MF.SSACHUSETTS DEP7IRTMENT OF CORRECTION

(" DEPARTMENT"), on behalf of itself and HAROLD OLARKE, JAMES BENDER,
JOHN

~lARSHALL,

WHEREAS,

and KATHLEEN DENNEHY (collectively "the DEFENDANTS") .
PLN commenced a lawsuit in the United States District

Court for the District of Massachusetts, entitled Prison Legal News

v. Harold Clarke, et al., USDC NO. 08-10677-RGS (the "litigation " );
and
WHEREAS, the DEPARTMENT and the DEFENDANTS deny any violation
of PLN's constitutional rights and deny all of the legal claims
asserted or which could have been asserted by PLN

i~

the litigation

or in any other forum; and,

WHEREAS, the parties wish to settle the litigation in the
spirit of compr.omise and in avoidance of further protraoted

litigation;
NOW, THEREFORE, in consideration for the promises oontained
herein, the SUfficiency of which is hereby acknowledged, the parties
hereto agree as follows:
1.

The DEPARTMEN~ shall pay PLN the sum of $5,000.00 (five
thousand dollars), inclusive of any attorneys fees and
costs, by delivering a check for that amount to its
counsel. the Law Offices of Howard Friedman, made payable
to, '~HovJard Friedman as attorney for PRISON LEGAL NEWS" f
in full settlement of all claims against the defendants
arising out of or related to the aots and omissions
alleged in the above described litigation.
The
DEPARTMENT shall forthwith initiate the process by which
the Co~monwealth of Massachusetts shall issue payment.

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2.

The DEPARTMENT acknowledges that PLN sells and otherwise
distributes books, magazines and other publicati.ons, some
of which PLN publishes and soms of which PLN does not
(collectively, npublications").
The DEPARTMENT agrees
that PLN may distribute to DEPARTMENT inmates any of the
publications it currently distributes or that it may in
the future distribute, subject to the requirements set
forth in J.03 CMR 481. 00, Inmate Mail.
The DEPARTMENT
fur-ther acknowledges that it has provided notice to all
superintendents that PLN may distribute its publications
to DEPARTMENT inmates, SUbject to the requirements set
forth in 103 CMR 481.00, Inma
Mail.
The DEPARTMENT
further agrees to re-issue a not ce to all
superintendents that PLN may distribute its pUblications
to ~EPARTMENT inmates, subject to the requirements set
forth in 103 CMR 481.00, Inmate ~lail.

3.

The DEPARTMENT shall provide a general notice to all
DEPARTMENT inmates that they may order and receive
publications from PLN, subject to the reqUirements set
forth in lC3 CMR 481.00, Inmate Mail, by posting this
information in an area where inmates generally receive
notices and information at the inmate law library at each
DEPARTMENT facility.
The DEPARTMENT may note that the
notice is for informational purposes only, and that said
notice does not in any way represent the DEPARTMENT'S
views, promotion, endorsement or sponsorship of PLN,
moreover, that some of these publications may be
available through other sources as well.

4.

The ~EPARTMENT agrees to notify PLN in writing, pursuant
to 103 CMR 481.16(21 if any p,jblication sent by PLN is
received at any DOC instit\Jtion but not delivered to the
inmate to whom it was addressed.
Such notice shall
include the reason the publication was not delivered.

S.

PAUL WRIGHT, an authorized representative for PLN, shall
sign a Release, a copy of which is attached hereto.

6.

Upon execution of this Settlement Agreement, PLN shall
execute the attached Stipulation of Dismissal, and
deliver it forthwith to counsel for the DEPARTMENT, who
shall then execute it and fi
it with the United States
District Court for the District of Massachusetts.

7.

This Settlement Agreement shall be ccnstrued in
accordance with the laws of the Commonwealth of
Massachusetts.

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8.

This Settlement Agreement constitutes and embodies the
entire agreement and understanding between the parties.

9.

If any term of this Settlement Agreement shall be held to
be invalid, illegal or unenforceable, the validity of all
other terms hereof shall be in no way affected thereby,
and this Settlement Agreement shall be construed and
enforced as if such invalid, illegal or unenforceable
term had not been included herein.

IN WITNESS WHEREOF, each of the parties hereto has caused this
Settlement Agreement to be executed in their names and on their
behalf.
PLAINTIFF:
Its Attorney:

I!A~

j
Dated:
Milton
Law Offices of Howard Friedman, P.C.
90 Canal Street, S"h Floor
Bosten, MA 02114
(617)

742-4100

DEFENDANTS:
By Their Attorneys:

ATTORNEY GENERAL
Dated:

Kev n A
Counsel
Department f Correction
Legal Division
70 Franklin Street, Suite 600
Boston, MA 02110
(617) 727-3300 ext. 125

/

I

tl4/tl(

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The Commonwealth ofMassachusetts

!)eva.! L. Patrick
Governor

Executive Office ofPublic Safety & Security
Department ofCorrection
Northern Sector
P. 0. Box 9125
Concord, MA 01742-9125

Timothy P. lIIuntl.y

,

Lieutenan.t GOtJemor'

(978) 405-6600 Fax,' (978) 405-6619

Harold W. Cla<k.
Commie:sioner
James R. Bender
Itotulld T. Dnva.!
Veronl"" 11.1:. Madden
Deputy Comm/ssio~

!'nul L. DIPaolo
Acting As.s~""tant Deputy

Commissioner

MEMORANDUM
~Sll5erintendents

TO:
FROM:
DATE:
SUBJECT:

'¥:li!~ Depmy Commissioner
Assis=

(/~009

Prison Legal News - Settlement Agreement

Subject to the requirements set forth in 103 CMR 481.00, ~ Prison Legal News may
distribute its publications to Depan.ment inmateS, M".oreover, if a publication is received at the
institution, but is not delivered to the inmate to whom it wos addressed, please ellSure that the
institution's Mailroom staff follow 103 CMR 481.16(2), including providing written notice to
Prison Legal News detailing the reasons for the denial
Please provide a copy of this llOtice to your Mailroom staff and ensure the notice is posted
in the institution's Mailroom.
If there ,are any questions pertaining to this notice, contact our office. Thank)lDtl for yoUT
cooperatlon.

ee:

James R Bender, Depllty Q)!umissioner
Nancy A W'hite, General Counsel
Kevin A Anahoty, Coll!1Sel
Luis S. Spemer, Assistant Deputy Commissioner - Southern Sector

File

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05/07

The Commonwealth ofMassachusetts

Deval L. Patrick
Governor

Timotby P. Murr3Y
LJ'ttruenant Governor

Kevin M. Burke
Secretary

Executive Office of Public Safety and Security
Department of Correction
Division ofInmate Training and Education
Post Office Box 71
Hodder House
2 Merchant Road
Framingham, MA 01704-0071
Tel: (508)-935-0901

Fax: (508)-935-0907

Harold W. Clar!,.
Commissioner

James R. Bender
ROllilld T. Duval

Veronica M. MJldden
Deputy COmJni.<;osioners

Carolyn J. Vicari
Dlrec.lor

To:

Department of Correction Librarians

From:

Mary-]o Sweeney, Manager of Library

Re:

Prison Legal News

Date:

May 12, 2009

service~

The Department of Correction Legal Division has requested that the attached notice concerning
Prison Legal News be placed in an area where inmates gen.erally receive notices and infonnation
at every inmate library, Please ensure this notice is posted,
Please notify institution personnel, as needed, concerning posting of this message,'
Let me know if you have any questions.
Thank you,

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LEGAL

Subject to the requirements set forth in
103 CMR 481.00, Inmate Mail, you may
purchase and receive publications from
Prison Legal News. This notice is for
informational purposes only and does not
in any way represent the Department of
··Correction's views, promotion, endorsement
or sponsorship of Prison Legal News;
moreover, some of the publications may be
available through other sources as well.

PAGE

07/07



 

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