Case 2:11-cv-00907-JAM -DAD Document 49

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PRISON LEGAL NEWS, a project of )
the HUMAN RIGHTS DEFENSE CENTER, )
)
Plaintiff,
)
)
v.
)
)
COUNTY OF SACRAMENTO; SCOTT R.
)
JONES, individually and in his
)
capacity as Sheriff of the
)
County of Sacramento; DOES 1-20, )
in their individual and official )
capacities,
)
)
Defendants.
)
)

Case No. 2:11-CV-00907 JAM-DAD
ORDER GRANTING PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTION
Judge:
Date:
Time:
Crtrm.:

Hon. John A. Mendez
March 7, 2012
9:30 a.m.
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On March 7, 2012 at 9:30 a.m. this matter came on regularly

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for a hearing in Courtroom 6, Fourteenth Floor, of this Court, the

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Honorable John A. Mendez presiding.

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pleadings, the arguments of counsel, and the entire record in this

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case, and good cause existing therefor,

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THE COURT HEREBY FINDS AND ORDERS:

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Plaintiff Prison Legal News (“PLN”) has demonstrated a

Having considered the parties’

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likelihood of success on the merits of its First Amendment claim.

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Defendants’ policies and practices including refusing to deliver
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PLN publications and mailings to prisoners because they contained

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staples and/or a mailing label are not supported by a legitimate

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penological interest and do not leave open alternative means for

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PLN to exercise its First Amendment rights.

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PLN to be delivered to prisoners in the Sacramento County’s jails

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would have very limited impact on guards and other inmates, and

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there are obvious, easy alternatives to Defendants’ bans on PLN’s

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staples and mailing labels.

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exaggerated response to any security concerns posed by PLN.

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Furthermore, allowing

In short, Defendants’ policies are an

Plaintiff has demonstrated that it will suffer irreparable

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harm in the absence of preliminary injunctive relief and the

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balance of hardships tips in Plaintiff’s favor.

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Amendment freedoms, for even minimal periods of time, constitutes

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irreparable injury.

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established rights to send publications to prisoners.

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a preliminary injunction will not cause irreparable harm to the

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Defendants.

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favor.

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Here, Defendants have infringed on Plaintiff’s
The grant of

The balance of equities therefore tips in Plaintiff’s

Finally, the preliminary injunction set forth below is in the

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public interest.

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on PLN publications.

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promotes the public interest.

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The loss of First

Defendants’ policies operated as a de facto ban
Protecting the constitutional rights of PLN

The preliminary injunction set forth below is narrowly drawn,

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extends no further than necessary to correct the harm to PLN the

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Court finds requires preliminary relief, and is the least intrusive

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means necessary to correct that harm.

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In these circumstances, waiver of the bond requirement is
appropriate because Plaintiff is a small non-profit organization
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with limited resources.

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ORDER
1.

It is HEREBY ORDERED that Plaintiff’s Motion for

Preliminary Injunction is granted.
2.

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DEFINITIONS:
(a)

As used herein, STAPLES shall mean the type of

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light-duty small wire fasteners commonly used to attach a few

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sheets of paper, and used by the Plaintiff to bind the sheets of

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its monthly publication.

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(b)

As used herein, MAIL LABELS shall mean the type of

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self-adhesive sticker used by PLN to affix an address to an item of

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printed matter.

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3.

IT IS FURTHER ORDERED that Defendants County of

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Sacramento (the “County”) and Scott R. Jones, and their successors,

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officers, agents, servants, employees, and attorneys, and all

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others in active concert or participation with them (hereinafter

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referred to collectively as “Defendants”), shall not refuse to

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deliver PLN publications or mailings to prisoners at the county’s

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jails on the ground that these publications or mailings contain

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STAPLES, PROVIDED that Defendants may comply by removing the

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STAPLES.

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4.

IT IS FURTHER ORDERED that Defendants shall not refuse to

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deliver materials sent to prisoners from PLN because of MAILING

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LABELS, PROVIDED that Defendants may comply by removing the MAILING

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LABELS.

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5.

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IT IS FURTHER ORDERED that Defendants shall provide

adequate written notice and an administrative appeal process to PLN
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when Defendants refuse to deliver PLN publications or mailings to

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prisoners at the County’s jails.

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6.

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waived.

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7.

IT IS FURTHER ORDERED that the bond requirement is

No person who has notice of this injunction shall fail to

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comply with it, nor shall any person subvert the injunction by any

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sham, indirection or other artifice.

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IT IS SO ORDERED.
Dated: March 8, 2012

____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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