Latest 3 Cases This Week: Prison Legal News v. Federal Bureau of Prisons (10th Cir.), Rosen v. Tarkanian (Nev.), Assoc. Press v. Wash. State ...

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

Read More

Prison Legal News v. Federal Bureau of Prisons

Court: US Court of Appeals for the Tenth Circuit

Docket: 18-1486

Opinion Date: December 13, 2019

Judge: Scott Milne Matheson, Jr.

Areas of Law: Communications Law, Constitutional Law, Criminal Law

Prison Legal News (“PLN”) published a monthly magazine to help inmates navigate the criminal justice system. Between January 2010 and April 2014, the Federal Bureau of Prisons (“BOP”) rejected the distribution of 11 publications PLN sent to inmate subscribers at the BOP’s United States Penitentiary, Administrative Maximum Facility in Florence, Colorado (“ADX”). PLN sued the BOP, claiming the rejections violated PLN’s First Amendment rights, its Fifth Amendment procedural due process rights, and the Administrative Procedure Act (“APA”). ADX responded by distributing the 11 publications, revising its institutional policies, and issuing a declaration from its current Warden. Based on these actions, the BOP moved for summary judgment, arguing that PLN’s claims were moot or not ripe. PLN filed a cross-motion for partial summary judgment on its First and Fifth Amendment claims. The district court granted the BOP’s motion and dismissed the case as moot. The Tenth Circuit determined factual developments during the litigation indeed mooted PLN’s claims. Therefore, the district court did not err in granting summary judgment for the BOP and dismissing this case for lack of jurisdiction.

Rosen v. Tarkanian

Court: Supreme Court of Nevada

Citation: 135 Nev. Adv. Op. No. 59

Opinion Date: December 12, 2019

Judge: James W. Hardesty

Areas of Law: Communications Law, Personal Injury

The Supreme Court reversed the order of the district court denying an anti-SLAPP special motion to dismiss in a tort action, holding that, in determining whether the communications were made in good faith, the court must consider the "gist or sting" of the communications as a whole, rather than parsing each individual word in the communications to assess it for its truthfulness. In the complaint, Plaintiff alleged libel per se, slander per se, and intentional infliction of emotional distress. Defendant filed an anti-SLAPP special motion to dismiss. The district court denied the motion, determining that Defendant did not meet her burden under the first prong of the anti-SLAPP analysis because she did not show that the statements were made in good faith. The Supreme Court reversed, holding (1) the district court erred in its analysis of whether Defendant's statements were made in good faith; and (2) Defendant showed by a preponderance of the evidence that she made the statements in good faith under the first prong of the anti-SLAPP analysis, and Plaintiff could not demonstrate with prima facie evidence a probability of prevailing on this claim under the second prong.

Assoc. Press v. Wash. State Legislature

Court: Washington Supreme Court

Docket: 95441-1

Opinion Date: December 19, 2019

Judge: Susan Owens

Areas of Law: Communications Law, Constitutional Law, Government & Administrative Law

Between January 25 and July 26, 2017, members of the news media submitted 163 ublic Records Act ("PRA") requests to the Washington senate, house of representatives and the Washington legislature as a whole as well as to offices of individual state senators and representatives. In response to some requests, senate and house counsel stated that the legislature did not possess responsive records; in response to other requests, senate and house counsel and some individual legislators voluntarily provided limited records. Some records that were provided contained redactions, though no exemptions were identified. The issue this case presented for the Washington Supreme Court's review centered on whether the state legislative branch was subject to the general public records disclosure mandate of the PRA. The Court determined that under the plain meaning of the PRA, individual legislators were "agencies" subject in full to the PRA's general public records disclosure mandate because they were expressly included in the definitional chain of "agency" in a related statute. Furthermore, the Court held the institutional legislative bodies were not "agencies" because they were not included in that definitional chain, but they were, instead, subject to the PRA's narrower public records disclosure mandate by and through each chambers' respective administrative officer.