Prison Legal News v. Schumacher, Settlement, Oregon DOC Censorship 2003
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., . Marc Blackman Ransom and Blackman LLP 1001 S.W. Fifth Street, Suite 1400 Portland OR 97204 Michael Gendler GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle WA 98101·2217 REGEl V ED ~~~~~\IJ~~ JAN 2 7 2003 lilJ fEB 03 2003 RANSOM BLACKMAN LLP GENDLER & MANN. LLP Of Attorneys for Plaintiff HARDYMYERS Attorney General LEONARD W. WILLIAMSON #91002 Assistant Attorney General Department of Justice 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 378-6313 Fax: (503) 373-2147 Email: Leonard.Williamson@DOJ.state.or.us Attorneys for Defendants IN THE UNITED STATES DISlRICT COURT FOR TIIE DISlRICT OF OREGON PRISON LEGAL NEWS, a Washington nonprofit organization, Plaintiff, Case No. 02-428-MA STIPULATION OF DISl.\IfiSSAL AND SETTLEMENT AGREEMENT v, DAVID SCHUMACHER, et al., Defendants. Pursuant to F.R.C.P. 41 (a)(l), Plaintiff Prison Legal News (pLN) and Defendants David Schumacher, David S. Cook, Ben de Haan, Rich Holder and Jacy Duran hereby agree that this . Page 1 - STIPULATION OF DISMISSAL AND SETTLEMENT AGREEMENT LWlIbjc(IRID7023 Departrnentcf Justice 1162 Court Street !'IE Salem, OR 97301-4096 (503) 378·6313 case shall be dismissed with prejudice on the following terms, and request that the clerk enter the case as dismissed without mandate or other process in accordance with this agreement and close the file: 1. For and in consideration of the provisions of this agreement, Prison Legal News (PLN) does hereby settle with and release the Defendants, the State of Oregon, the Oregon Department of Corrections (ODOC), their officers, agents, employees, and departments, for any and all existing claims, damages, and causes of action of any nature whatsoever, known or unknown, arising out of these certain incidents, occurrences, casualties, or events which are described in the complaint in case 02-0428-MA which is the source of these claims; provided, however, that nothing in the foregoing settlement agreement and release shall be construed to prevent or limit PLN from moving to enforce the terms of this settlement agreement. 2. Defendants acknowledge that the magazine Prison Legal News, renewal notices, book fliers ("catalogs"), and similar types of mail are permitted types of mail into all Oregon prisons, regardless of postal class by which the magazine or other mail is sent. Defendants agree that PLN can send its properly addressed magazine, renewal notices, book fliers ("catalogs"), and books to inmates in all Oregon prisons, without proof of payment, registration by an inmate ofhis or her subscription, or any further requirements not already in the OAR. 3. Defendants agree that PLN is an approved book distributor and/or vendor and will provide written confirmation ofthis status to PLN. Books distributed by PLN are permitted mail at all Oregon prisons, regardless of postal class by which the books are sent. Page 2 - STIPULATION OF DISMISSAL AND SETTLEMENT AGREEMENT L Wllbj cITRID7023 Department DC Justice 1162 Court StreetNE S,lem, OR 97301-4096 (S03) 378-6313 • , . :. . . 4. Nothing in this settlement agreement and release shall be construed to prevent or limit Defendants, the State of Oregon, ODOC, or their officers, agents, employees, and departments from continuing to review, reject, process, and dispose of inmate mail for reasons ofprohibited content in accordance with ODOC's administrative rules governing the sending receipt, and processing of inmatemail.OAR29l-131.This reserves the prisons' authority to review content (OAR 291-131-0025(9) for reasons such as mail containing escape plans which therefore would be rejected due to its specific content, with a violation notice and administrative review of such rejection in accordance with OAR. 5. As part ofODOC's next regular administrative rule review cycle, ODOC will agree to propose OAR amendments which include an addition of a sentence to OAR 291131-0025(6) at the end of the current rule as follows: "Catalogs for books, magazines, and other literature are not prohibited by this rule." 6, PLN is entitled to receive notice of every mail rejection or undelivered item, together with a statement or indication ofthe reason for rejection or non-delivery. Ifthe rejection or non-delivery is for non-content reasons such as address error or insufficient address, return of the envelope with indication of the reason written or stamped on the envelope is. adequate. IfPLN receives a mail rejection for which administrative review is not provided for, PLN may call or write to the Central Mail Administrator or his/her designee within 30 days, attaching a copy of the rejection notice and stating the reasons for believing that the rejection was wrong. The Central Mail Administrator or his/her designee shall respond within 30 days, either recommending a resolution or explaining why the rejection was proper. The Central Mail Administrator or his/her designee shall Page 3 - STIPULATION OF DISMISSAL AND SETTLEMENT AGREEMENT LWllbjcJTRlD7023 DcpBrtmcn, a(Justice 1162 Court Street NE Salem, on 97301-4096 (503) 378-6313 endeavor to identify steps that PLN can take to re-mail the item in compliance with onoc roles. • Mail rejected for structural defects by ODOe should be returned to the sender with the defect clearly identified thereby providing the sender "notice" of the defect. • Mail rejected for "content" reasons will be processed as provided for under OAR 291-131-0025(9) and 291-131-0050. • ODoe will pay the costs of re-delivery ofPLN subscription mail if a review initiated to the Central Mail Administrator or his/her designee as described above results in the determination that the item mailed complied with ODOe rules and should have been delivered. 7. ODOe will purchase and maintain in all Oregon prison law libraries the monthly PLN magazine for two years from the date of a settlement agreement. ODOe currently maintains thirteen prison law libraries. ODOe will receive PLN's two-year subscription rate, which provides 28 issues for the price of two years (24 issues). Upon purchase of said subscription ODOe will announce contemporaneously and one month thereafter the purchase of the PLN magazine in the ODOe inmate monthly newsletter and its availability in the prison law library. ODoe will make one similar announcement at the beginning ofthe second year ofPLN subscription. 8. Attorneys fees and costs. Defendants agree to pay plaintiffs Attorneys Michael Gendler's fees in the amount of$33,675.00 and costs of$ 863.59 and Marc Blackman's fees in the amount of $5,024.00 and costs of$351.72 calculated on January 16,2003. Payment will be made by the defendants within thirty days of entry of dismissal. 9. Page 4 - Defendants will pay plaintiff $15,500 within thirty days of entry of dismissal. STIPULATION OF DISMISSAL AND SETTLEMENT AGREEMENT LWllbjcfTRID7023 DeplU'lmel1tof Justice 1162 Court Street ME. Salem, OR 97301-4096 (SOl) 378-6313 U.J.-' ~ f"""' '. U": .... " ........ .J..U. U"", .......... UUU U' U .... -z. "C:J uu'" . ..,,--'--\ ) 10. Notwithstanding the dismissal of this case, this Court shall retain jurisdiction over the case for purposes of enforcing this settlement agreement for one year. Either party may request a status conference for any reason, including to request termination of the Court's retained jurisdiction. 11. This agreement contains the ENTIRE AGREEMENT between the parties, and the ackman o. 73033 Attorney for Plaintiff o J!J-tiw JtJ& Michael Gendler WSBA No. 8429 Attorney for Plaintiff 7'2, #-- Don Miniken Prison Legal News Spokes Person Plaintiff ~?£-:---Leonard W. Williamson Da OSB No. 91002 Assistant Attorney General, representing the Defendants Date Defendant Page 5 - STIPULATION OF DISMISSAL AND SETTLEMENT AGREEMENT LWllbjcITRID7023 Department of lustiee 1I6:z CourtStr<etNE Salem. OR 97301-4096 (503) 378·6313