Skip navigation
The Habeas Citebook Ineffective Counsel

PLN v. Umatilla Co., et al., OR, Complaint, censorship, 2012

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 1 of 30

Page ID#: 1

Katherine C. Chamberlain, OSB #042580
katherinec@mhb.com
Of Attorneys for Plaintiff Prison Legal News
MacDonald Hoague & Bayless
705 Second Avenue, Suite 1500
Seattle, Washington 98104-1745
(206) 622-1604
Marc D. Blackman, OSB #730338
marc@ransomblackman.com
Of Attorneys for Plaintiff Prison Legal News
Ransom Blackman LLP
1001 SW 5th Ave., Suite 1400
Portland, OR 97204
(503) 228-0487
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PENDLETON DIVISION

PRISON LEGAL NEWS, a project of the
HUMAN RIGHTS DEFENSE CENTER,
Plaintiff,
v.
UMATILLA COUNTY; UMATILLA
COUNTY SHERIFF’S OFFICE; JOHN
TRUMBO, individually and in his capacity as
Umatilla County Sheriff; STEWART HARP,
individually and in his capacity as Umatilla
County Jail Commander; THORNE HEARN, in
his individual and official capacity,
Defendants.
I.
1.1

No. _______________

COMPLAINT
DEMAND FOR JURY TRIAL

NATURE OF THE CASE

Plaintiff Prison Legal News brings this action to enjoin Defendants’ censorship of

mail sent to and from prisoners held in custody at the Umatilla County Jail, in violation of the
First Amendment and the Fourteenth Amendment’s Due Process Clause. Defendants have
adopted and implemented written mail policies and practices that unconstitutionally: restrict
correspondence to and from prisoners to postcards only; prohibit delivery of bulk mail and book
catalogs, newspapers, and magazines to prisoners; prohibit delivery of books that have not been

COMPLAINT - 1
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 2 of 30

Page ID#: 2

pre-approved by the government; and do not afford adequate due process. In this action, PLN
seeks a permanent injunction, damages, and a declaration that Defendants’ conduct violates the
Constitution.
II.
2.1

JURISDICTION AND VENUE

This action arises under the First and Fourteenth Amendments to the United

States Constitution. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331, 1343,
2201, and 2202.
2.2

Venue is proper in Oregon under 28 U.S.C. § 1391(b)(2) because a substantial

part of the events complained of occurred in this District, and because the Defendants reside in
this District.
III.
3.1

PARTIES

Plaintiff Prison Legal News (PLN) is a project of the Human Rights Defense

Center (HRDC), a Washington Non-Profit Corporation. The core of HRDC’s mission is public
education, prisoner education, advocacy, and outreach in support of the rights of prisoners and in
furtherance of basic human rights. PLN publishes and distributes a monthly journal of
corrections news and analysis and certain books about the criminal justice system and legal
issues affecting prisoners, to prisoners, lawyers, courts, libraries, and the public throughout the
Country. PLN also maintains a website (www.prisonlegalnews.org) and operates an email list.
Prisoners of all types, family and friends of prisoners, and prisoner advocates, are among the
intended beneficiaries of PLN’s activities.
3.2

Defendant Umatilla County is a municipal corporation formed under the laws of

the State of Oregon.
3.3

Defendant Umatilla County Sheriff’s Office is a department of Umatilla County

and operates the Umatilla County Jail located in Pendleton, Oregon. The Umatilla County Jail is
a 252-bed facility and houses convicted prisoners and pretrial detainees. Its annual intake and
release average is 4,500 prisoners.

COMPLAINT - 2
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

3.4

Document 1

Filed 06/19/12

Page 3 of 30

Page ID#: 3

Defendant John Trumbo is the Sheriff of Umatilla County. Sheriff Trumbo is

employed by and is an agent of Umatilla County and the Sheriff’s Office. He is responsible for
the operations of the Umatilla County Jail, and the training and supervision of the Jail staff who
interpret and implement the Jail’s mail policy for prisoners. He is the policymaker for the Jail
policy governing mail for prisoners.
3.5

Defendant Stewart Harp is a lieutenant with the Umatilla County Sheriff’s Office,

and is the Jail Commander and Administrator for the Umatilla County Jail. He is employed by
and is an agent of Umatilla County and the Sheriff’s Office. On information and belief,
Defendant Harp is responsible for and personally participated in creating, implementing, and
enforcing the Jail’s mail policies and practices at issue in this case.
3.6

Defendant Thorne Hearn is a sergeant with the Umatilla County Sheriff’s Office.

He is employed by and is an agent of Umatilla County and the Sheriff’s Office. On information
and belief, Defendant Hearn is responsible for and personally participated in creating,
implementing, and enforcing the Jail’s mail policies and practices at issue in this case.
3.7

Each of the acts and omissions of persons alleged herein were taken under color

of state law and within the scope of their official duties as employees, officers, or agents of
Umatilla County and the Umatilla County Sheriff’s Office.
IV.
4.1

FACTUAL ALLEGATIONS

Prison Legal News publishes and distributes a soft-cover monthly journal, book

catalogs, informational brochures, and book offers, and publishes and distributes paperback
books, about the criminal justice system and legal issues affecting prisoners.
4.2

Prison Legal News has approximately 7,000 subscribers in the United States and

abroad, including prisoners, attorneys, journalists, public libraries, judges, and other members of
the public. PLN distributes its publications to prisoners and law librarians in approximately
2,200 correctional facilities across the United States, including the Federal Bureau of Prisons, the
Washington Department of Corrections, and the Oregon Department of Corrections.

COMPLAINT - 3
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

4.3

Document 1

Filed 06/19/12

Page 4 of 30

Page ID#: 4

Prison Legal News engages in core protected speech and expressive conduct on

matters of public concern, such as operations of prison facilities, prison conditions, prisoner
health and safety, and prisoners’ rights.
A.

CENSORSHIP AND LACK OF DUE PROCESS
4.4

Defendants have rejected Prison Legal News’s monthly publications, paperback

books, book catalogs, book offers, informational brochures, subscription forms, and subscription
renewal letters mailed to prisoners held in custody at the Umatilla County Jail. The mail items
rejected by Defendants include, but are not limited to, the items identified below.
Monthly Publications
4.5

PLN’s monthly journal is a 56-page publication titled Prison Legal News:

Dedicated to Protecting Human Rights and contains various articles on corrections news and
analysis, about prisoner rights, court rulings, management of prison facilities and prison
conditions.
4.6

PLN sent its monthly journal to certain prisoners at the Umatilla County Jail by

Bulk Rate or First Class mail.
4.7

On November 12, 2010 PLN mailed its October 2010 Prison Legal News

publication addressed to prisoner Marion Taylor at the Umatilla County Jail. Marion Taylor was
a prisoner at the Umatilla County Jail at the time that the Jail received the October 2010 Prison
Legal News publication from PLN.
4.8

On November 24, 2010 PLN mailed its November 2010 Prison Legal News

publication addressed to prisoner Edward Pergande at the Umatilla County Jail. Edward
Pergande was a prisoner at the Umatilla County Jail at the time that the Jail received the
November 2010 Prison Legal News publication from PLN.
4.9

On or about December 8, 2010 PLN mailed its December 2010 Prison Legal

News publication by separate mailings addressed to Edward Pergande and Marion Taylor at the
Umatilla County Jail. Edward Pergande and Marion Taylor were prisoners at the Umatilla

COMPLAINT - 4
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 5 of 30

Page ID#: 5

County Jail at the time that the Jail received the December 2010 Prison Legal News publications
from PLN.
4.10

On or about February 10, 2011, PLN mailed its February 2011 Prison Legal News

publication addressed to prisoner James Speaker at the Umatilla County Jail. James Speaker was
a prisoner at the Umatilla County Jail at the time that the Jail received the February 2011 Prison
Legal News publication from PLN.
4.11

On or about April 11, 2011, PLN mailed its April 2011 Prison Legal News

publication by separate mailings addressed to Edward Pergande and James Speaker at the
Umatilla County Jail. Edward Pergande and James Speaker were prisoners at the Umatilla
County Jail at the time that the Jail received the April 2011 Prison Legal News publications from
PLN.
4.12

On or about May 18, 2011, PLN mailed its May 2011 Prison Legal News

publication addressed to prisoner James Speaker at the Umatilla County Jail. James Speaker was
a prisoner at the Umatilla County Jail at the time that the Jail received the May 2011 Prison
Legal News publication from PLN.
4.13

On June 1, 2011 PLN mailed its April 2008 Prison Legal News publication

addressed to prisoner Daniel Timmons at the Umatilla County Jail. Daniel Timmons was a
prisoner at the Umatilla County Jail at the time that the Jail received the April 2008 Prison Legal
News publication from PLN.
4.14

On June 22, 2011 PLN mailed its January 2010 Prison Legal News publication in

separate envelopes addressed to each of the following prisoners at the Umatilla County Jail:
Prisoner Name
Diego Andrade
David Darlington
Daniel DeChand
Kenneth Hall
Jason Harris
The individuals identified above were prisoners at the Umatilla County Jail at the time that the
Jail received the January 2010 Prison Legal News publications from PLN.

COMPLAINT - 5
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

4.15

Document 1

Filed 06/19/12

Page 6 of 30

Page ID#: 6

On June 23, 2011 PLN mailed its January 2010 Prison Legal News publication in

separate envelopes addressed to each of the following prisoners at the Umatilla County Jail:
Prisoner Name
Onorio Ibarra
Roel Ibarra
William Phillippi
Kamala Tewee
The individuals identified above were prisoners at the Umatilla County Jail at the time that the
Jail received the January 2010 Prison Legal News publications from PLN.
4.16

On June 23, 2011 PLN mailed its July 2007 Prison Legal News publication

addressed to prisoner Lonnie Lepper at the Umatilla County Jail. Lonnie Lepper was a prisoner
at the Umatilla County Jail at the time that the Jail received the July 2007 Prison Legal News
publication from PLN.
4.17

On June 23, 2011 PLN mailed its May 2008 Prison Legal News publication in

separate envelopes addressed to each of the following prisoners at the Umatilla County Jail:
Prisoner Name
Dustin Phillips
Brandon Spencer
Michael Summers
Devontea Wright
The individuals identified above were prisoners at the Umatilla County Jail at the time that the
Jail received the May 2008 Prison Legal News publications from PLN.
4.18

On July 8, 2011 PLN mailed its July 2011 Prison Legal News publication

addressed to prisoner David Darlington at the Umatilla County Jail. David Darlington was a
prisoner at the Umatilla County Jail at the time that the Jail received the July 2011 Prison Legal
News publication from PLN.
4.19

On July 28, 2011 PLN mailed its May 2009 Prison Legal News publication

addressed to prisoner Sadie Lamberson at the Umatilla County Jail. Sadie Lamberson was a
prisoner at the Umatilla County Jail at the time that the Jail received the May 2009 Prison Legal
News publication from PLN.

COMPLAINT - 6
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

4.20

Document 1

Filed 06/19/12

Page 7 of 30

Page ID#: 7

On or about October 13, 2011, PLN mailed its October 2011 Prison Legal News

publication addressed to prisoner Roel Ibarra at the Umatilla County Jail. Roel Ibarra was a
prisoner at the Umatilla County Jail at the time the Jail received the October 2011 Prison Legal
News publication.
4.21

Defendants rejected each publication identified in paragraphs 4.7-4.20, and did

not deliver the publications to the prisoner-addressees.
4.22

By rejecting PLN’s Prison Legal News publications, Defendants interfered with

PLN’s protected free speech rights.
4.23

By rejecting PLN’s Prison Legal News publications, Defendants interfered with

the prisoner-addressees’ protected free speech rights.
4.24

Defendants returned some, but not all, of the rejected journals to Prison Legal

News. For the journals that Defendants returned to PLN, Defendants placed a sticker on the mail
that states “REFUSED- RETURN TO SENDER” and handwrote a checkmark next to one of the
following: (a) “POSTCARDS ONLY (max. size: 5 ½ x 8 ½)”; (b) “FACILITY MAIL
VIOLATION;” or (c) “NOT UCJ INMATE,” although in each case the prisoner-addressee was
incarcerated at the UCJ at the time the Jail rejected the mail. The sticker also states: “You may
request a review of your rejection by sending a self addressed – stamped – envelope, included
with your request, within 15 days of the rejection, to: Umatilla County Jail / Attn: Sgt. / 4700
N.W. Pioneer Place / Pendleton, Or. 97801.”
4.25

Defendants failed to provide sufficient notice to PLN of the reason for rejection

by, among other inadequacies, failing to identify the mail policy relied on, giving different
reasons for censorship of identical mail, inaccurately stating that a prisoner-addressee was not
incarcerated at the UCJ, failing to explain the nature of the alleged “facility mail violation”, or
failing to provide any notice whatsoever that the Jail censored PLN’s mail. Defendants also
failed to provide PLN a constitutionally-adequate opportunity to be heard by, among other
inadequacies, returning the mail without keeping a copy to make an informed decision upon
review and by failing to provide a two-level review procedure.

COMPLAINT - 7
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

4.26

Document 1

Filed 06/19/12

Page 8 of 30

Page ID#: 8

Defendants failed to provide sufficient notice to the prisoner-addressees by,

among other inadequacies, failing to identify the mail policy relied on, failing to identify the
rejected mail, failing to provide the sender’s full contact information, or by failing to provide any
notice whatsoever that the Jail censored PLN’s mail. Defendants also failed to provide the
prisoner-addressees with any notice of or opportunity to be heard to challenge the censorship
decisions.
4.27

On information and belief, Defendants rejected other Prison Legal News

publications that PLN sent to Umatilla County Jail prisoners in 2010, 2011, and 2012, in addition
to those identified above, and Defendants failed to provide PLN and the prisoner-addressees
constitutionally-adequate due process, and Defendants continue to do so.
4.28

PLN intends to continue sending its monthly journal to prisoners at the Umatilla

County Jail in the future.
Protecting Your Health & Safety Book
4.29

Prison Legal News publishes and distributes paperback books relevant to its

mission, and offers a catalog of these books to prisoners throughout the country. One of the
paperback books that Prison Legal News offers and sells is titled Protecting Your Health &
Safety.
4.30

Prison Legal News sent Protecting Your Health & Safety books to prisoners at the

Umatilla County Jail via Media Mail through the United States Postal Service, delivery
confirmation requested.
4.31

Beginning in November 2010, Prison Legal News sent the Protecting Your Health

& Safety book in separate boxes addressed to the following prisoners at the Umatilla County Jail
on or about the following dates:
Inmate Name
Diego Andrade
Daniel Bale
William Benard
Christopher Buffo
Jason Cook
David Darlington

COMPLAINT - 8
9870.06 ff172201.003

Date Sent by PLN
February 9, 2011
February 10, 2011
February 10, 2011
January 31, 2011
February 3, 2011
June 22, 2011
MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Inmate Name
Daniel DeChand
Dillon Dilley
Kenneth Hall
John Hanner
Jason Harris
Jason Harris
Joshua Hoffman
Onorio Ibarra
Sadie Lamberson
Lonnie Lepper
Brandon Patterson
William Phillippi
Dustin Phillips
Kenneth Richardson
Ernest Roberts
Steven Rollis
James Speaker
Brandon Spencer
Michael Summers
Marion Taylor
Marion Taylor
Kamala Tewee
Devontea Wright

Filed 06/19/12

Page 9 of 30

Page ID#: 9

Date Sent by PLN
June 22, 2011
February 4, 2011
June 22, 2011
February 4, 2011
February 4, 2011
June 22, 2011
February 4, 2011
June 23, 2011
July 28, 2011
June 23, 2011
February 3, 2011
June 23, 2011
June 23, 2011
February 10, 2011
February 9, 2011
February 10, 2011
February 4, 2011
June 23, 2011
June 23, 2011
November 12, 2010
February 10, 2011
June 23, 2011
June 23, 2011

The individuals identified above were prisoners at the Umatilla County Jail at the time that the
Jail received the Protecting Your Health & Safety books from PLN.
4.32

Defendants rejected books identified in paragraph 4.31 and did not deliver them

to the prisoner-addressees.
4.33

By rejecting the Protecting Your Health and Safety books, Defendants interfered

with PLN’s protected free speech rights.
4.34

By rejecting the Protecting Your Health and Safety books, Defendants interfered

with the prisoner-addressees’ protected free speech rights.
4.35

Defendants returned the books identified in paragraph 4.31 to Prison Legal News,

placed a sticker on the mail that states “REFUSED- RETURN TO SENDER”, and handwrote a
checkmark next to one of the following: (a) “REQUIRES PRIOR AUTHORIZATION”; or (b)
“FACILITY MAIL VIOLATION.” The sticker also states: “You may request a review of your
rejection by sending a self addressed – stamped – envelope, included with your request, within

COMPLAINT - 9
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 10 of 30

Page ID#: 10

15 days of the rejection, to: Umatilla County Jail / Attn: Sgt. / 4700 N.W. Pioneer Place /
Pendleton, Or. 97801.”
4.36

Prison Legal News sent the Protecting Your Health & Safety book to prisoner

Christopher Buffo at the Umatilla County Jail on or about January 31, 2011. Defendants rejected
the book, did not deliver it to Mr. Buffo, and did not return the book to Prison Legal News.
4.37

Prison Legal News sent the Protecting Your Health & Safety book to prisoner

Edward Pergande at the Umatilla County Jail on or about November 29, 2010. Defendants
rejected the book, did not deliver it to Mr. Pergande, and did not return the book to Prison Legal
News.
4.38

Defendants failed to provide sufficient notice to PLN of the reason for rejection

by, among other inadequacies, failing to identify the mail policy relied on, giving different
reasons for censorship of identical mail, failing to explain the nature of the alleged “facility mail
violation”, failing to inform PLN how to obtain pre-authorization, or failing to provide any
notice whatsoever that the Jail censored PLN’s mail. Defendants also failed to provide PLN a
constitutionally-adequate opportunity to be heard by, among other inadequacies, returning the
mail without keeping a copy to make an informed decision upon review and by failing to provide
a two-level review procedure.
4.39

Defendants failed to provide sufficient notice to the prisoner-addressees by,

among other inadequacies, failing to identify the mail policy relied on, failing to identify the
rejected mail, failing to provide the sender’s full contact information, or by failing to provide any
notice whatsoever that the Jail censored PLN’s mail. Defendants also failed to provide the
prisoner-addressees with any notice of or opportunity to be heard to challenge the censorship
decisions.
4.40

On information and belief, Defendants rejected Protecting Your Health & Safety

books that PLN sent to Umatilla County Jail prisoners in 2011 and 2012, in addition to those
identified above, and Defendants failed to provide PLN and the prisoner-addressees
constitutionally-adequate due process, and Defendants continue to do so.

COMPLAINT - 10
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

4.41

Document 1

Filed 06/19/12

Page 11 of 30

Page ID#: 11

Prison Legal News intends to continue sending paperback books to prisoners at

the Umatilla County Jail in the future.
Habeas Citebook: Ineffective Assistance of Counsel
4.42

On or about April 15, 2011, Prison Legal News mailed a copy of the Habeas

Citebook: Ineffective Assistance of Counsel to prisoner Edward Pergande at the Umatilla County
Jail. Mr. Pergande was a prisoner at the Umatilla County Jail at the time the Jail received the
Habeas Citebook from PLN.
4.43

Defendants rejected the Habeas Citebook sent by PLN, did not deliver it to Mr.

Pergande, and did not return the book to PLN.
4.44

By rejecting the Habeas Citebook, Defendants interfered with PLN’s protected

free speech rights.
4.45

By rejecting the Habeas Citebook, Defendants interfered with Mr. Pergande’s

protected free speech rights.
4.46

Defendants failed to provide PLN any due process notice or opportunity to be

heard to challenge the censorship decision.
4.47

Defendants failed to provide sufficient notice to Mr. Pergande by, among other

inadequacies, failing to identify the mail policy relied on, failing to identify the rejected mail,
and failing to provide the sender’s full contact information. Defendants also failed to provide
Mr. Pergande with any notice of or opportunity to be heard to challenge the censorship decisions.
Prisoners’ Self Help Litigation Manual
4.48

On or about April 15, 2011, PLN mailed a copy of the Prisoners’ Self Help

Litigation Manual to prisoner Edward Pergande at the Umatilla County Jail. Mr. Pergande was a
prisoner at the Umatilla County Jail at the time the Jail received the Prisoners’ Self Help
Litigation Manual from PLN.
4.49

Defendants rejected the Prisoners’ Self Help Litigation Manual sent by PLN, did

not deliver it to Mr. Pergande, and did not return the book to PLN.

COMPLAINT - 11
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

4.50

Document 1

Filed 06/19/12

Page 12 of 30

Page ID#: 12

By rejecting the Prisoners Self Help Litigation Manual, Defendants interfered

with PLN’s protected free speech rights.
4.51

By rejecting the Prisoners Self Help Litigation Manual, Defendants interfered

with Mr. Pergande’s protected free speech rights.
4.52

Defendants failed to provide PLN any due process notice or opportunity to be

heard to challenge the censorship decision.
4.53

Defendants failed to provide sufficient notice to Mr. Pergande by, among other

inadequacies, failing to identify the mail policy relied on, failing to identify the rejected mail,
and failing to provide the sender’s full contact information. Defendants also failed to provide
Mr. Pergande with any notice of or opportunity to be heard to challenge the censorship decisions.
Prisoner Diabetes Handbook
4.54

On May 16, 2011, PLN mailed a copy of the Prisoner Diabetes Handbook to

prisoner Edward Pergande at the Umatilla County Jail. Mr. Pergande was a prisoner at the
Umatilla County Jail at the time the Jail received the Prisoner Diabetes Handbook from PLN.
4.55

Defendants rejected the Prisoner Diabetes Handbook sent by PLN and did not

deliver it to Mr. Pergande.
4.56

By rejecting the Prisoner Diabetes Handbook, Defendants interfered with PLN’s

protected free speech rights.
4.57

By rejecting the Prisoner Diabetes Handbook, Defendants interfered with Mr.

Pergande’s protected free speech rights.
4.58

Defendants placed a sticker on the mail that states “REFUSED- RETURN TO

SENDER” and handwrote a checkmark next to “POSTCARDS ONLY (max. size: 5 ½ x 8 ½)”
and returned the book to Prison Legal News. The sticker also states: “You may request a review
of your rejection by sending a self addressed – stamped – envelope, included with your request,
within 15 days of the rejection, to: Umatilla County Jail / Attn: Sgt. / 4700 N.W. Pioneer Place /
Pendleton, Or. 97801.”

COMPLAINT - 12
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

4.59

Document 1

Filed 06/19/12

Page 13 of 30

Page ID#: 13

Defendants failed to provide sufficient notice to PLN of the reason for rejection

by, among other inadequacies, failing to inform PLN of the accurate reason for rejection and the
Jail’s pre-authorization policy. Defendants also failed to provide PLN a constitutionallyadequate opportunity to be heard by, among other inadequacies, returning the mail without
keeping a copy to make an informed decision upon review and by failing to provide a two-level
review procedure.
4.60

Defendants failed to provide sufficient notice to Mr. Pergande by, among other

inadequacies, failing to identify the mail policy relied on, failing to identify the rejected mail,
failing to provide the sender’s full contact information. Defendants also failed to provide Mr.
Pergande with any notice of or opportunity to be heard to challenge the censorship decisions.
Informational Brochures, Subscription Order Forms, Book Catalogs
4.61

Prison Legal News sent informational brochures about PLN and subscription

order forms, book catalogs, and book offers to prisoners at the Umatilla County Jail.
4.62

Prison Legal News Brochure and Subscription Order Form: Prison Legal

News sent certain prisoners at the Umatilla County Jail an informational brochure about its
organization and publications. The double-sided single-page brochure includes: a description of
the topics covered in PLN’s monthly journal, subscription rates, special subscription offers, and
an order form; a description of three books available for purchase or included with a subscription
to Prison Legal News—Protecting your Health & Safety, With Liberty for Some: 500 Years of
Imprisonment in America, and Prison Profiteers: Who Makes Money from Mass Incarceration;
and other information about PLN’s bookstore.
4.63

Book Catalog: Prison Legal News sent certain prisoners at the Umatilla County

Jail its PLN Book List. The double-sided single-page book list includes a description of 43
books, dictionaries, and resource materials available for purchase. The books available for
purchase include information about a variety of topics, including but not limited to: the basic
rights of prisoners regarding health and safety; the American criminal justice system; selfrepresentation in court; finding the right lawyer; DNA testing; issues related to imprisoned

COMPLAINT - 13
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 14 of 30

Page ID#: 14

women; developing a successful re-entry plan upon release from prison; searching for a job;
crime and poverty; and the mental health crisis in U.S. prisons and jails.
4.64

Book Offers: Prison Legal News sent certain prisoners at the Umatilla County

Jail a double-sided single-page informational brochure about two books for sale: The Habeas
Citebook: Ineffective Assistance of Counsel, a handbook containing case citations, pleadings, and
forms designed to help a prisoner seek habeas corpus relief; and Prisoners’ Guerrilla Handbook
to Correspondence Programs in the United States and Canada, a handbook on high school,
vocational, paralegal, undergraduate, and graduate courses available through correspondence
study.
4.65

Collectively, the PLN Brochure, Book List, and Book Offer described above in

paragraphs 4.62-4.64 are referred to as “Informational Brochure Packs” below.
4.66

Prison Legal News sent all of the Informational Brochure Packs in white standard

# 10 envelopes via first-class mail.
4.67

Prison Legal News mailed Informational Brochure Packs addressed to each of the

following prisoners at the Umatilla County Jail on or about the following dates:
Prisoner Name
Diego Andrade
Daniel Bale
William Benard
Christopher Buffo
Jason Cook
David Darlington
Daniel DeChand
Dillon Dilley
Kenneth Hall
Jason Harris
Joshua Hoffman
Onorio Ibarra
Roel Ibarra
Sadie Lamberson
Lonnie Lepper
Brandon Patterson
Edward Pergande
William Phillippi
Dustin Phillips
Kenneth Richardson
Ernest Roberts
Steven Rollis

COMPLAINT - 14
9870.06 ff172201.003

Date Mailed to Prisoner
January 31, 2011 and June 21, 2011
January 31, 2011
January 31, 2011
January 31, 2011
January 31, 2011
June 21, 2011
June 21, 2011
February 3, 2011
June 23, 2011
February 3, 2011 and June 28, 2011
February 3, 2011
June 23, 2011
June 23, 2011
July 30, 2011
June 23, 2011
February 1, 2011
November 29, 2010
June 23, 2011
June 23, 2011
February 1, 2011
February 1, 2011
February 1, 2011
MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 15 of 30

Page ID#: 15

Prisoner Name

Date Mailed to Prisoner

James Speaker
Brandon Spencer
Michael Summers
Marion Taylor
Kamala Tewee
Mitchell Thomas
Devontea Wright

February 1, 2011
June 23, 2011
June 23, 2011
November 12, 2010 and February 1, 2011
June 23, 2011
February 1, 2011
June 23, 2011

The prisoners identified above were prisoners at the Umatilla County Jail at the time that the Jail
received the Informational Brochure Packs addressed to each prisoner from PLN.
4.68

Defendants rejected each Informational Brochure Pack identified in paragraph

4.67 and did not deliver them to the prisoner-addressees.
4.69

By rejecting the Informational Brochure Packs, Defendants interfered with PLN’s

protected free speech rights.
4.70

By rejecting the Informational Brochure Packs, Defendants interfered with the

prisoner-addressees’ protected free speech rights.
4.71

For the Informational Brochure Pack that PLN sent to Marion Taylor in

November 2010, the Jail stamped the mail “REFUSED-RETURN TO SENDER” and placed a
checkmark next to “Facility Mail Violation” and returned the mail to PLN. The Jail did not
provide PLN any information about its right to appeal the censorship decision.
4.72

For the other Informational Brochure Packs that Defendants returned to Prison

Legal News, Defendants placed a sticker on the mail that states “REFUSED- RETURN TO
SENDER” and handwrote a checkmark next to one of the following: (a) “POSTCARDS ONLY
(max. size: 5 ½ x 8 ½)”; (b) “FACILITY MAIL VIOLATION;” or (c) “NOT UCJ INMATE”
when in fact the prisoner-addressee was incarcerated at the UCJ at the time the Jail rejected the
mail. The sticker also states: “You may request a review of your rejection by sending a self
addressed – stamped – envelope, included with your request, within 15 days of the rejection, to:
Umatilla County Jail / Attn: Sgt. / 4700 N.W. Pioneer Place / Pendleton, Or. 97801.”
4.73

Defendants failed to provide sufficient notice to PLN of the reason for rejection

by, among other inadequacies, failing to identify the mail policy relied on, giving different

COMPLAINT - 15
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 16 of 30

Page ID#: 16

reasons for censorship of identical mail, inaccurately stating that a prisoner-addressee was not
incarcerated at the UCJ, failing to explain the nature of the alleged “facility mail violation”, or
failing to provide any notice whatsoever that the Jail censored PLN’s mail. Defendants also
failed to provide PLN a constitutionally-adequate opportunity to be heard by, among other
inadequacies, returning the mail without keeping a copy to make an informed decision upon
review, failing to provide a two-level review procedure, or by failing to provide PLN any notice
of or opportunity to be heard to challenge the censorship decisions.
4.74

Defendants failed to provide sufficient notice to the prisoner-addressees by,

among other inadequacies, failing to identify the mail policy relied on, failing to identify the
rejected mail, failing to provide the sender’s full contact information, or by failing to provide any
notice whatsoever that the Jail censored PLN’s mail. Defendants also failed to provide the
prisoner-addressees with any notice of or opportunity to be heard to challenge the censorship
decisions.
4.75

In addition to those identified above, PLN mailed Informational Brochure Packs

addressed to other prisoners at the Umatilla County Jail in 2011 and 2012.
4.76

On information and belief, Defendants rejected Informational Brochure Packs that

PLN sent to prisoners, other than those identified above, and Defendants failed to give
constitutionally adequate due process to PLN and the prisoner-addressees.
4.77

Prison Legal News intends to continue sending Informational Brochure Packs to

prisoners at the Umatilla County Jail in the future.
Renewal Letters
4.78

Prison Legal News sent subscription renewal letters along with Informational

Brochure Packs (“Subscription Renewal Packs”) to certain prisoners at the Umatilla County Jail.
Each personalized Subscription Renewal Pack mailed to a prisoner at the Umatilla County Jail
included information for the prisoner-addressee that his individual Prison Legal News
subscription was nearing its end, and about how to renew his subscription.

COMPLAINT - 16
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

4.79

Document 1

Filed 06/19/12

Page 17 of 30

Page ID#: 17

Prison Legal News sent each Subscription Renewal Pack in a white standard #10

envelope via first-class mail.
4.80

In February, April and June 2011, Prison Legal News mailed Subscription

Renewal Packs addressed to each of the following prisoners at the Umatilla County Jail:
Prisoner Name
Diego Andrade
Diego Andrade
Jason Harris
Edward Pergande
Kenneth Richardson
Steven Rollis
James Speaker

Date Sent to Prisoner
April 12, 2011
June 16, 2011
April 12, 2011 and June 22, 2011
February 7, 2011 and April 12, 2011
April 12, 2011
April 12, 2011
April 12, 2011

The prisoners identified above were prisoners at the Umatilla County Jail at the time that the Jail
received the Subscription Renewal Packs addressed to each prisoner from PLN.
4.81

Defendants rejected each Subscription Renewal Pack sent by PLN, did not deliver

them to the prisoner-addressees, and returned them to PLN.
4.82

By rejecting the Subscription Renewal Packs, Defendants interfered with PLN’s

protected free speech rights.
4.83

By rejecting the Subscription Renewal Packs, Defendants interfered with the

prisoner-addressees’ protected free speech rights.
4.84

Before returning the mail to PLN, Defendants placed a sticker on the mail that

states “REFUSED- RETURN TO SENDER” and either: (a) handwrote a checkmark next to
“POSTCARDS ONLY (max. size: 5 ½ x 8 ½)”; (b) handwrote a checkmark next to “NOT UCJ
INMATE” when in fact the prisoner-addressee was incarcerated at the UCJ at the time the Jail
rejected the mail; or (c) did not indicate a reason for rejection at all. The sticker also states:
“You may request a review of your rejection by sending a self addressed – stamped – envelope,
included with your request, within 15 days of the rejection, to: Umatilla County Jail / Attn: Sgt. /
4700 N.W. Pioneer Place / Pendleton, Or. 97801.”
4.85

Defendants failed to provide sufficient notice to PLN of the reason for rejection

by, among other inadequacies, failing to identify the mail policy relied on, inaccurately stating
that a prisoner-addressee was not incarcerated at the UCJ, or by failing to provide any reason for
COMPLAINT - 17
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 18 of 30

Page ID#: 18

rejection. Defendants also failed to provide PLN a constitutionally-adequate opportunity to be
heard by, among other inadequacies, returning the mail without keeping a copy to make an
informed decision upon review and by failing to provide a two-level review procedure.
4.86

Defendants failed to provide sufficient notice to the prisoner-addressees by,

among other inadequacies, failing to identify the mail policy relied on, failing to identify the
rejected mail; failing to provide the sender’s full contact information, or by failing to provide any
notice whatsoever that the Jail censored PLN’s mail, among other reasons. Defendants also
failed to provide the prisoner-addressees with any notice of or opportunity to be heard to
challenge the censorship decisions.
4.87

In addition to those identified above, PLN mailed Subscription Renewal Packs

addressed to other prisoners at the Umatilla County Jail in 2011 and 2012.
4.88

On information and belief, Defendants rejected additional Subscription Renewal

Packs that PLN sent to other prisoners, other than those identified above, and Defendants failed
to give constitutionally adequate due process to PLN and the prisoner-addressees.
4.89

Prison Legal News intends to continue sending Subscription Renewal Packs to

prisoners at the Umatilla County Jail in the future.
PLN Online Article
4.90

An individual, Lucy Lennox, sent legal articles that she printed off of PLN’s

website to certain prisoners at the Umatilla County Jail. The legal articles mailed by Ms. Lennox
to prisoners at the Umatilla County Jail in December 2011 include a critique of prison
privatization, and research findings about the goals and results of the move toward privatization.
The legal articles mailed by Ms. Lennox to prisoners at the Umatilla County Jail in June 2012
include information about a lawsuit brought by the family of a deceased prisoner who criticizes
the Corrections Corporation of America for understaffing its prisons and failing to prevent
rampant gang violence. The articles also include introductory descriptions of PLN’s news
headlines about various topics, such as sex abuse in prison, poor forensics used to secure

COMPLAINT - 18
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 19 of 30

Page ID#: 19

criminal convictions, private prison companies behind Arizona’s immigration law, and the death
penalty in Texas.
4.91

Ms. Lennox mailed each PLN online article separately in standard #10 envelopes

via U.S. Mail.
4.92

On December 15, 2011, Ms. Lennox mailed PLN online articles to the following

persons at the Umatilla County Jail:
Tony Colbray
David Corbit
Deshawn Dawson
Kenneth Hall
Cody Hatley
Joshua Hoffman
Roel Ibarra
Theodore Mendoza
William Phillipi
George Phillips
Jefferey Rehmke
Michael Summers
The prisoners identified above were prisoners at the Umatilla County Jail at the time that the Jail
received the PLN online articles addressed to each prisoner from Ms. Lennox.
4.93

Defendants rejected the PLN articles sent by Ms. Lennox to the Umatilla

prisoners identified in paragraph 4.92, did not deliver them to the prisoners to which they were
addressed by name, and returned the mail to Ms. Lennox.
4.94

For the PLN online articles that Defendants returned to Ms. Lennox in December

2011, Defendants placed a sticker on the mail that states “REFUSED-RETURN TO SENDER”
and handwrote a checkmark next to “POSTCARDS ONLY (max .size:5 ½ x8 ½)” and
“INCOMPLETE SENDER NAME/ADDRESS.” On the mail addressed to prisoner Joshua
Hoffman, Defendants marked “NOT UCJ INMATE/ADDRESS” and “POSTCARDS ONLY
(max .size:5 ½ x8 ½)” even though he was a prisoner at the UCJ at the time the Jail received the
mail. The sticker also states: “You may request a review of your rejection by sending a self

COMPLAINT - 19
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 20 of 30

Page ID#: 20

addressed – stamped – envelope, included with your request, within 15 days of the rejection, to:
Umatilla County Jail / Attn: Sgt. / 4700 N.W. Pioneer Place / Pendleton, Or. 97801.”
4.95

On June 8, 2012, Ms. Lennox mailed PLN online articles to the following persons

at the Umatilla County Jail:
Todd Brouwer
Victor Campos
George Craigen
Kevin Daugherty
Joshua Hoffman
Loretta Polanco
Kevin Sandoval
Jeffery Smith
Michael Summers
Joshua Weeks
The prisoners identified above were prisoners at the Umatilla County Jail at the time that the Jail
received the PLN online articles addressed to each prisoner from Ms. Lennox.
4.96

Defendants rejected the PLN articles sent by Ms. Lennox to the Umatilla

prisoners identified in paragraph 4.95, did not deliver them to the prisoners to which they were
addressed by name, and returned the mail to Ms. Lennox.
4.97

For the PLN articles that Defendants returned to Ms. Lennox in June 2012,

Defendants placed a sticker on the mail that states “REFUSED-RETURN TO SENDER” and
handwrote a checkmark next to “POSTCARDS ONLY (max .size:5 ½ x8 ½).” The sticker also
states: “You may request a review of your rejection by sending a self addressed – stamped –
envelope, included with your request, within 15 days of the rejection, to: Umatilla County Jail /
Attn: Sgt. / 4700 N.W. Pioneer Place / Pendleton, Or. 97801.”
4.98

By rejecting the PLN online articles, Defendants interfered with Ms. Lennox’s

and PLN’s protected free speech rights.
4.99

By rejecting the PLN online articles, Defendants interfered with the prisoner-

addressees’ protected free speech rights.
4.100 Defendants failed to provide sufficient notice to Ms. Lennox of the reason for
rejection by, among other inadequacies, failing to identify the mail policy relied on, and
COMPLAINT - 20
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 21 of 30

Page ID#: 21

inaccurately stating that a prisoner-addressee was not incarcerated at the UCJ. Defendants also
failed to provide Ms. Lennox a constitutionally-adequate opportunity to be heard by returning the
mail without keeping a copy to make an informed decision upon review and by, among other
inadequacies, failing to provide a two-level review procedure.
4.101 Defendants failed to provide sufficient notice to the prisoner-addressees by,
among other inadequacies, failing to identify the mail policy relied on, failing to identify the
rejected mail, failing to provide Ms. Lennox’s full contact information, or by failing to provide
any notice whatsoever that the Jail censored Ms. Lennox’s mail. Defendants also failed to
provide the prisoner-addressees with any notice of or opportunity to be heard to challenge the
censorship decisions.
Incoming Mail from Others
4.102 On information and belief, in 2010, 2011, and 2012, other publishers, educational
institutions, individuals (including friends and family of prisoners), and other correspondents
sent publications, newspapers, magazines, books, letters, or other non-postcard correspondence
to prisoners incarcerated at the Umatilla County Jail.
4.103 From February 2010 to the present, Defendants rejected incoming newspapers,
magazines, and publications that were not pre-approved, and other correspondence that was not
in postcard form.
4.104 By rejecting incoming newspapers, magazines, and publications that were not preapproved, and other correspondence that was not in postcard form, Defendants interfered with
the protected free speech rights of publishers, educational institutions, individuals (including
friends and family of prisoners), and other correspondents.
4.105 By rejecting incoming newspapers, magazines, and publications that were not preapproved, and other correspondence that was not in postcard form, Defendants interfered with
the protected free speech rights of the prisoner-addressees.
4.106 Defendants did not provide constitutionally-adequate due process to the prisoneraddressees or their correspondents.

COMPLAINT - 21
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 22 of 30

Page ID#: 22

4.107 On information and belief, other publishers, educational institutions, individuals
(including friends and family of prisoners), and other correspondents, intend to continue sending
publications, newspapers, magazines, books, letters, and other correspondence to prisoners
incarcerated at the Umatilla County Jail.
Outgoing Mail
4.108 Umatilla County Jail prisoners want to send letters and other correspondence to
non-prisoners and entities outside the Jail.
4.109 From February 2010, to the present, Defendants have banned prisoners’ outgoing
letters and other correspondence not in postcard form.
4.110 By banning outgoing mail not in postcard form, Defendants have interfered with
the prisoners’ protected free speech rights.
4.111 By banning outgoing mail that is not in postcard form, Defendants interfered with
the intended recipients’ protected free speech rights.
B.

JAIL POLICIES
4.112 On February 23, 2010, the Umatilla County Jail implemented a policy governing

prisoner mail. A true copy of the policy is attached to this Complaint as Exhibit A.
4.113 Ban on Speech that is Not a Postcard: Defendants’ mail policy bans all
incoming and outgoing mail, other than legal mail, that is not in postcard form (hereinafter
“Postcard-Only Mail Policy”). The Jail’s Postcard-Only Policy states, in pertinent part:
Mail. Includes written correspondence, in the form of postcards only – no larger
than 5 ½" x 8 ½", and legal mail.
***
Prohibited Mail: Any mail which violates provisions of this policy and
procedures statement, and is described as: . . . Letters/correspondence in
envelopes.
Only inmate mail, delivered through the United States Postal Service and bearing
the complete name and address of the sender, in the form of postcards – no larger
than 5 ½" x 8 ½", shall be accepted for distribution to inmates. All other mail
shall be refused, with the exception of [some “legal mail” and approved “religious
material.”]

COMPLAINT - 22
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 23 of 30

Page ID#: 23

***
Incoming mail which clearly does not conform to the UCJ jail policy including,
but not limited to: . . . letters/correspondence in envelopes, will be returned to
sender unopened. . .
***
Outgoing mail is limited to postcards which do not exceed in measurement of 5
½" x 8 ½", unless approved by jail officials.
(Emphasis added). Exhibit A at p. 1 ¶ II (A); pp. 2-3 ¶ II N(20); p. 4 ¶ III (A)(2); p. 4 ¶
III (B)(3); p. 7 ¶ III(F)(2).
4.114 Defendants have used their Postcard-Only Mail Policy to censor Plaintiff’s
Prison Legal News journal, Informational Brochure Packs, Subscription Renewal Packs,
online articles, and other correspondence.
4.115 Defendants have used their Postcard-Only Mail Policy to censor correspondence
from other publishers, companies, organizations, prisoners, and individuals. For example,
Defendants rejected numerous PLN articles that Lucy Lennox printed from the PLN website and
mailed to certain prisoners at the Umatilla County Jail.
4.116 Defendants’ Postcard-Only Mail Policy is irrational, arbitrary, and substantially
overbroad in violation of the First Amendment.
4.117 Defendants’ Postcard-Only Mail Policy and their practice of enforcing this policy
unconstitutionally burdens Plaintiff’s First Amendment rights, the First Amendment rights of
other correspondents who send mail to prisoners confined at the Umatilla County Jail, the First
Amendment rights of the intended recipients of outgoing mail from prisoners confined at the
Umatilla County Jail, and the First Amendment rights of prisoners at the Umatilla County Jail.
4.118 Defendants’ mail policy also prohibits a prisoner from possessing more than 10
postcards: “Inmates shall be allowed to possess ten (10) postcards[.]” See Exhibit A at p.5 ¶ III
(B)(5). This mail policy is irrational, arbitrary, and substantially overbroad in violation of the
First Amendment.
4.119 Ban on Speech that is a Newspaper or Magazine: Defendants’ mail policy bans
all newspapers and magazines. The Jail’s mail policy states, in pertinent part: “No newspapers
COMPLAINT - 23
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 24 of 30

Page ID#: 24

or magazines shall be permitted in UCJ” (hereinafter “No Newspapers/Magazines Policy”).
(Emphasis added). Exhibit A at p.5 ¶ III (B)(7).
4.120 Defendants have used their No Newspapers/Magazines Policy to censor
Plaintiff’s Prison Legal News journal and other publications and correspondence.
4.121 On information and belief, Defendants have used their No Newspapers/Magazines
Policy to censor publications, newspapers, magazines, journals, and correspondence from other
publishers and book distributors.
4.122 Defendants’ No Newspapers/Magazines Policy is irrational, arbitrary, and
substantially overbroad in violation of the First Amendment.
4.123 Defendants’ No Newspapers/Magazines Policy and its practice of enforcing this
policy unconstitutionally burdens Plaintiff’s First Amendment rights, the First Amendment rights
of other correspondents who send mail to prisoners confined at the Umatilla County Jail, and the
First Amendment rights of prisoners at the Umatilla County Jail.
4.124 Ban on Bulk Rate Mail: Defendants’ mail policy bans all bulk mail to
prisoners. The policy states:
Bulk rate mail shall be placed directly in the inmate’s property locker, and shall
not be distributed to the inmate.
(Emphasis added). Exhibit A at p. 4 ¶III(A)(2).
4.125 Defendants’ policy does not define the phrase “bulk mail” but it commonly refers
to mailings of the same item of mail to multiple recipients at the same time sent by a postage rate
other than first-class (such as third-class). Prison Legal News sends its monthly journal to
subscribers at what used to be called bulk rate postage.
4.126 Defendants subject PLN, the prisoner-addressees of PLN’s monthly journal, and
other correspondents to this policy, which is irrational, arbitrary, and substantially overbroad in
violation of the First Amendment.
4.127 Effective Ban on Internet-Generated Material and Catalogs: By banning all
mail sent in envelopes, Defendants effectively ban the delivery of virtually all internet-generated

COMPLAINT - 24
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 25 of 30

Page ID#: 25

materials—which can be sent only in an envelope. For example, Defendants rejected Ms.
Lennox’s mailings of PLN online articles.
4.128 Similarly, by banning all bulk mail and mail sent in envelopes, Defendants
effectively prevent the delivery of all catalogs—which are typically mailed either in an envelope
or sent via bulk mail rates. For example, Defendants rejected PLN’s book catalogs and
subscription materials because they were mailed in an envelope.
4.129 Mail generated from the internet is protected speech.
4.130 Catalogs are protected speech.
4.131 Defendants’ policies preventing the delivery of internet-generated mail and
catalogs are irrational, arbitrary, and substantially overbroad in violation of the First
Amendment.
4.132 Ban on Speech that Is Not Pre-Approved: The Umatilla County Jail’s Mail
Policy prohibits all incoming books and other packages that are not pre-approved by the Jail
(hereinafter “Pre-Approval Policy”). The Jail Pre-Approval Policy states, in pertinent part:
Packages sent to the jail for inmates shall not be accepted, unless prior approval
has been granted to receive said package. This includes books received directly
from the publisher.
(Emphasis added). See Exhibit A at p. 5 ¶ III (B)(5) and (6).
4.133 Defendants have used their Pre-Approval Policy to censor Plaintiff’s books.
4.134 On information and belief, Defendants have used their Pre-Approval Policy to
censor books from other publishers and book distributors.
4.135 Defendants’ Pre-Approval Policy is irrational, arbitrary, and substantially
overbroad in violation of the First Amendment.
4.136 Defendants’ Pre-Approval Policy and its practice of enforcing this policy
unconstitutionally burdens Plaintiff’s First Amendment rights, the First Amendment rights of
other publishers and book distributors who want to mail books to prisoners confined at the
Umatilla County Jail, and the First Amendment rights of prisoners at the Umatilla County Jail.

COMPLAINT - 25
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 26 of 30

Page ID#: 26

4.137 Defendants’ mail policy also prohibits a prisoner from possessing more than two
books at a time. The Jail’s policy states: “Inmates shall be allowed to possess . . . two (2) softcover books.” See Exhibit A at p. 5 ¶ III (B)(5). This mail policy is irrational, arbitrary, and
substantially overbroad in violation of the First Amendment.
4.138 Lack of Procedural Due Process Protections:
4.139 Defendants’ outgoing mail policies do not require them to provide due process
notice to the prisoner or intended recipient when the Jail censors outgoing mail. The jail policy
states, in pertinent part:
When corrections staff makes a determination that outgoing mail contains and/or
constitutes prohibited mail, the mail shall be confiscated, and the inmate may be
issued a Disciplinary Report. The Disciplinary Report shall then be sent to the
hearing’s office for a decision through the disciplinary process.
(Emphasis added).
4.140 Defendants’ outgoing mail policies do not require them to provide an opportunity
for the prisoner and for the intended recipient to appeal the Jail’s censorship decisions.
4.141 While Defendants’ incoming mail policy requires them to provide a “mail
rejection form” to the prisoner when the Jail censors incoming mail, their policy does not require
the Jail to provide a “mail rejection form” to the sender. The Jail Policy states in pertinent part:
Incoming mail which clearly does not conform to the UCJ jail policy including,
but not limited to: lipstick, makeup, perfume, insufficient sender name and/or
address, unidentifiable inmate name, colored ink or pencil, stickers, or
letters/correspondence in envelopes, will be returned to sender unopened. The
reason for the refusal will be written or stamped on the envelope/postcard. A
notice of mail violation will be given to the inmate.
(Emphasis added). Exhibit A at p. 4 ¶III(B)(3).
When corrections staff make a determination that incoming mail contains, and/or
constitutes, prohibited mail a mail violation form shall be filled out. A copy of
the mail rejection form shall be given to the inmate and the offending mail shall
then be returned to sender.
(Emphasis added). Exhibit A at p. 7 ¶III(G)(3).
4.142 Defendants’ “Mail Rejection Form” does not require them to identify the mail
policy relied on, describe the type of mail that the Jail rejected, or state the address of the sender.

COMPLAINT - 26
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 27 of 30

Page ID#: 27

4.143 Defendants’ incoming and outgoing mail policies fail to require constitutionallyadequate notice to the mail sender or recipient of the reason for censorship or the applicable
policy.
4.144 While Defendants’ incoming mail policy requires them to provide the mail sender
an opportunity to appeal the Jail’s censorship decisions, the policy does not require the Jail to
provide the prisoner an opportunity to appeal. The Jail Policy states in pertinent part:
If the prohibited mail is incoming from a non-inmate sender, and has been
rejected, the sender then has the option of obtaining an independent review of the
rejection, by writing to the jail administrator within fifteen (15) days of the notice.
The request must be in writing and should specify the reason(s) why the rejection
should not be sustained . . .
(Emphasis added). Exhibit A at p 8 ¶III(G)(4). The Jail Policy also fails to require Defendants
to keep a copy of the mail they return to sender so that they can make an informed decision if the
censorship decision is appealed, and fails to provide for a two-level review procedure.
4.145 Defendants’ policy and practice does not provide constitutionally-adequate due
process to the mail sender, intended recipient, and prisoner who may seek to challenge the Jail’s
censorship decisions.
4.146 Defendants’ policies and practices violate the Due Process Clause of the
Fourteenth Amendment.
4.147 Defendants Trumbo, Harp, and Hearn and other agents of Umatilla County are
responsible for or personally participated in creating and implementing these unconstitutional
policies, practices, and customs and for training and supervising the mail staff members whose
conduct also have injured and continue to injure Plaintiff and others, or ratified or adopted the
polices or actions described herein.
4.148 Defendants’ censorship of these expressive activities has a chilling effect on
future speech.
4.149 Defendants’ policies and practices described above frustrate Prison Legal News’s
organizational mission, and have caused Prison Legal News to divert its resources.

COMPLAINT - 27
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 28 of 30

Page ID#: 28

4.150 Defendants’ policies and actions have violated, continue to violate, and are
reasonably expected to violate in the future Plaintiff’s constitutional rights to communicate its
political message to prisoners, to recruit new supporters, readers and subscribers, and have
caused Plaintiff additional financial harm in the form of diversion of its resources, and lost
opportunities to reach new readers and subscribers, and book purchasers.
V.

CLAIM ALLEGATIONS
COUNT 1

FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION
5.1

Plaintiff realleges and incorporates by reference the preceding paragraphs.

5.2

The acts described above constitute violations of Plaintiff’s rights, the rights of

other correspondents who have attempted to or want to correspond with prisoners at the Umatilla
County Jail, and the rights of prisoners confined at the Umatilla County Jail, under the First
Amendment to the United States Constitution through 42 U.S.C. § 1983.
5.3

The acts described above have caused damages to Plaintiff, and will continue to

cause damage.
5.4

Plaintiff seeks declaratory and injunctive relief and nominal and compensatory

damages against all Defendants. Plaintiff seeks punitive damages solely against the individual
Defendants in their individual capacities.
COUNT 2
DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT
TO THE UNITED STATES CONSTITUTION
5.5

Plaintiff realleges and incorporates by reference the preceding paragraphs.

5.6

The acts described above constitute violations of Plaintiff’s rights, the rights of

other correspondents who have attempted to or want to correspond with prisoners at the Umatilla
County Jail, and the rights of prisoners confined at the Umatilla County Jail, under the
Fourteenth Amendment to the United States Constitution through 42 U.S.C. § 1983.

COMPLAINT - 28
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

5.7

Document 1

Filed 06/19/12

Page 29 of 30

Page ID#: 29

The acts described above have caused damages to Plaintiff, and will continue to

cause damage.
5.8

Plaintiff seeks declaratory and injunctive relief and nominal and compensatory

damages against all Defendants. Plaintiff seeks punitive damages solely against the individual
Defendants in their individual capacities.
VI.
6.1

INJUNCTION ALLEGATIONS

Defendants’ unconstitutional policy, practices, and customs are ongoing and

continue to violate Plaintiff’s constitutional rights and the rights of other correspondents and
prisoners, and as such there is no adequate remedy at law.
6.2

Plaintiff is entitled to injunctive relief prohibiting Defendants from: refusing to

deliver or allow delivery of publications, books, informational brochures, subscription forms,
book catalogs, book offers, renewal letters and other correspondence from Prison Legal News
and other correspondents; censoring or rejecting mail on the ground that it is not in the form of a
postcard; censoring or rejecting catalogs and bulk mail; censoring or rejecting mail on the ground
that it is a newspaper or magazine; censoring or rejecting mail on the ground that it is not preapproved by the government; censoring mail generated from the internet; and censoring or
rejecting mail without due process of law.
VII.

REQUEST FOR RELIEF

WHEREFORE, the Plaintiff requests relief as follows:
7.1

A preliminary injunction and a permanent injunction preventing Defendants from

continuing to violate the Constitution, and providing other equitable relief.
7.2

A declaration that Defendants’ policies, practices, and customs violate the

Constitution.
7.3

An award of nominal, compensatory, and punitive damages for each violation of

its First Amendment rights to free speech and expression in an amount to be proved at trial.
7.4

An award of nominal, compensatory, and punitive damages for each violation of

its Fourteenth Amendment rights to due process in an amount to be proved at trial.

COMPLAINT - 29
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961

Case 2:12-cv-01101-SU

Document 1

Filed 06/19/12

Page 30 of 30

Page ID#: 30

7.5

A trial by jury on damages.

7.6

Costs, including reasonable attorney’s fees, under 42 U.S.C. § 1988, and under

other applicable law.
7.7

Pre-judgment and post-judgment interest.

7.8

The right to conform the pleadings to the proof and evidence presented at trial.

7.9

Such other relief as the Court deems just and equitable.

DATED this 19th day of June, 2012.
MACDONALD HOAGUE & BAYLESS
/s/ Katherine C. Chamberlain
KATHERINE C. CHAMBERLAIN
OSB #042580
(206) 622-1604
Of Attorneys for Plaintiff Prison Legal News

COMPLAINT - 30
9870.06 ff172201.003

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel 206.622.1604 Fax 206.343.3961
The Habeas Citebook Ineffective Counsel Side
Advertise here
The Habeas Citebook: Prosecutorial Misconduct Side