.,

.

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

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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