Plaintiff PRISON LEGAL NEWS is a project of the Human Rightsģ Defense Center, a Washington non-profit corporation. § 1391(b)(2)Ģ6 because substantial acts and omissions giving rise to the claims occurred in this District,Ģ7 including Defendants’ implementation of the challenged mail policies and practices, andĢ8 because Defendants reside in this District. Venue is proper in the District of Arizona under 28 U.S.C. The Court hasĢ4 jurisdiction to grant declaratory relief pursuant to 28 U.S.C. This Court has subjectĢ3 matter jurisdiction over this action under 28 U.S.C. This action arises under the First and Fourteenth Amendments to the UnitedĢ2 States Constitution and is brought pursuant to 42 U.S.C. § 1983, seekingġ9 injunctive and declaratory relief, and damages to be proven at trial. PLN thus brings this action, pursuant to 42 U.S.C. Defendants’ actions violate PLN’s rights and the rights ofġ7 others under the First Amendment and the Due Process Clause of the Fourteenth In particular, Defendantsġ1 refuse to deliver issues of PLN’s monthly publication to subscribers in ADC facilitiesġ2 when those issues contain articles describing sexual contact between jail or prison guardsġ3 and prisoners to which the prisoners did not consent.ĭefendants’ mail policies and practices also do not afford constitutionallyġ5 adequate notice and an opportunity to challenge Defendants’ censorship, in violation ofġ6 PLN’s right to due process. The censored issuesĩ contain articles that include non-salacious descriptions of sexual activity to make clearġ0 the factual basis for legal cases of interest to PLN’s readers. Defendants have adopted andħ implemented mail policies and a pattern of practices that unconstitutionally preventĨ distribution of PLN’s eponymously named monthly publication. Plaintiff PRISON LEGAL NEWS (“PLN” or “Plaintiff”), a project of theģ Human Rights Defense Center, brings this action regarding Defendants’ censorship ofĤ four issues of its monthly publication mailed to prisoners in the Arizona Department ofĥ Corrections (“ADC”), in violation of PLN’s clearly established rights under the First andĦ Fourteenth Amendments to the United States Constitution. Her individual capacity Jeff Hood, in hisĬase 2:15-cv-02245-BSB Document 1 Filed 11/06/15 of 24ġ official capacity as Deputy Director of theĢ his official capacity Alf Olson, in hisģ Office of Publication Review of the Arizona Ryan, in his official capacity asĬorrections and in his individual capacity Ģ7 Gail Rittenhouse, in her official capacity asĭivision Director, Support Services of theĢ8 Arizona Department of Corrections and in Heather Todd BALLARD SPAHR LLPġ7 * Pro Hac Vice applications to be filedĪttorneys for Plaintiff Prison Legal NewsĢ2 Prison Legal News, a project of the HumanĬharles L. Check the original document to verify accuracy. This text is machine-read, and may contain errors.
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