Prison Legal News v. Clarke, Massachussetts DOC Censorship Settlement, 2009
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05/12/2003 PAGE LEGAL 5177277403 15:14 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is entered into by and bet.'een PRISON LEGAL NEWS ("PLN") and the MF.SSACHUSETTS DEP7IRTMENT OF CORRECTION (" DEPARTMENT"), on behalf of itself and HAROLD OLARKE, JAMES BENDER, JOHN ~lARSHALL, WHEREAS, and KATHLEEN DENNEHY (collectively "the DEFENDANTS") . PLN commenced a lawsuit in the United States District Court for the District of Massachusetts, entitled Prison Legal News v. Harold Clarke, et al., USDC NO. 08-10677-RGS (the "litigation " ); and WHEREAS, the DEPARTMENT and the DEFENDANTS deny any violation of PLN's constitutional rights and deny all of the legal claims asserted or which could have been asserted by PLN i~ the litigation or in any other forum; and, WHEREAS, the parties wish to settle the litigation in the spirit of compr.omise and in avoidance of further protraoted litigation; NOW, THEREFORE, in consideration for the promises oontained herein, the SUfficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The DEPARTMEN~ shall pay PLN the sum of $5,000.00 (five thousand dollars), inclusive of any attorneys fees and costs, by delivering a check for that amount to its counsel. the Law Offices of Howard Friedman, made payable to, '~HovJard Friedman as attorney for PRISON LEGAL NEWS" f in full settlement of all claims against the defendants arising out of or related to the aots and omissions alleged in the above described litigation. The DEPARTMENT shall forthwith initiate the process by which the Co~monwealth of Massachusetts shall issue payment. 82/07 bl//2/14~3 LEGAL PAGE 2. The DEPARTMENT acknowledges that PLN sells and otherwise distributes books, magazines and other publicati.ons, some of which PLN publishes and soms of which PLN does not (collectively, npublications"). The DEPARTMENT agrees that PLN may distribute to DEPARTMENT inmates any of the publications it currently distributes or that it may in the future distribute, subject to the requirements set forth in J.03 CMR 481. 00, Inmate Mail. The DEPARTMENT fur-ther acknowledges that it has provided notice to all superintendents that PLN may distribute its publications to DEPARTMENT inmates, SUbject to the requirements set forth in 103 CMR 481.00, Inma Mail. The DEPARTMENT further agrees to re-issue a not ce to all superintendents that PLN may distribute its pUblications to ~EPARTMENT inmates, subject to the requirements set forth in 103 CMR 481.00, Inmate ~lail. 3. The DEPARTMENT shall provide a general notice to all DEPARTMENT inmates that they may order and receive publications from PLN, subject to the reqUirements set forth in lC3 CMR 481.00, Inmate Mail, by posting this information in an area where inmates generally receive notices and information at the inmate law library at each DEPARTMENT facility. The DEPARTMENT may note that the notice is for informational purposes only, and that said notice does not in any way represent the DEPARTMENT'S views, promotion, endorsement or sponsorship of PLN, moreover, that some of these publications may be available through other sources as well. 4. The ~EPARTMENT agrees to notify PLN in writing, pursuant to 103 CMR 481.16(21 if any p,jblication sent by PLN is received at any DOC instit\Jtion but not delivered to the inmate to whom it was addressed. Such notice shall include the reason the publication was not delivered. S. PAUL WRIGHT, an authorized representative for PLN, shall sign a Release, a copy of which is attached hereto. 6. Upon execution of this Settlement Agreement, PLN shall execute the attached Stipulation of Dismissal, and deliver it forthwith to counsel for the DEPARTMENT, who shall then execute it and fi it with the United States District Court for the District of Massachusetts. 7. This Settlement Agreement shall be ccnstrued in accordance with the laws of the Commonwealth of Massachusetts. 03/07 05/12/2009 15:14 I-'Al.::it:. LEGAL 5177277403 8. This Settlement Agreement constitutes and embodies the entire agreement and understanding between the parties. 9. If any term of this Settlement Agreement shall be held to be invalid, illegal or unenforceable, the validity of all other terms hereof shall be in no way affected thereby, and this Settlement Agreement shall be construed and enforced as if such invalid, illegal or unenforceable term had not been included herein. IN WITNESS WHEREOF, each of the parties hereto has caused this Settlement Agreement to be executed in their names and on their behalf. PLAINTIFF: Its Attorney: I!A~ j Dated: Milton Law Offices of Howard Friedman, P.C. 90 Canal Street, S"h Floor Bosten, MA 02114 (617) 742-4100 DEFENDANTS: By Their Attorneys: ATTORNEY GENERAL Dated: Kev n A Counsel Department f Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110 (617) 727-3300 ext. 125 / I tl4/tl( 85/12/2009 15:14 LEGAL 5177277403 PAGE The Commonwealth ofMassachusetts !)eva.! L. Patrick Governor Executive Office ofPublic Safety & Security Department ofCorrection Northern Sector P. 0. Box 9125 Concord, MA 01742-9125 Timothy P. lIIuntl.y , Lieutenan.t GOtJemor' (978) 405-6600 Fax,' (978) 405-6619 Harold W. Cla<k. Commie:sioner James R. Bender Itotulld T. Dnva.! Veronl"" 11.1:. Madden Deputy Comm/ssio~ !'nul L. DIPaolo Acting As.s~""tant Deputy Commissioner MEMORANDUM ~Sll5erintendents TO: FROM: DATE: SUBJECT: '¥:li!~ Depmy Commissioner Assis= (/~009 Prison Legal News - Settlement Agreement Subject to the requirements set forth in 103 CMR 481.00, ~ Prison Legal News may distribute its publications to Depan.ment inmateS, M".oreover, if a publication is received at the institution, but is not delivered to the inmate to whom it wos addressed, please ellSure that the institution's Mailroom staff follow 103 CMR 481.16(2), including providing written notice to Prison Legal News detailing the reasons for the denial Please provide a copy of this llOtice to your Mailroom staff and ensure the notice is posted in the institution's Mailroom. If there ,are any questions pertaining to this notice, contact our office. Thank)lDtl for yoUT cooperatlon. ee: James R Bender, Depllty Q)!umissioner Nancy A W'hite, General Counsel Kevin A Anahoty, Coll!1Sel Luis S. Spemer, Assistant Deputy Commissioner - Southern Sector File 05/87 05/12/2009 15:14 5177277403 LEGAL PAGE 05/07 The Commonwealth ofMassachusetts Deval L. Patrick Governor Timotby P. Murr3Y LJ'ttruenant Governor Kevin M. Burke Secretary Executive Office of Public Safety and Security Department of Correction Division ofInmate Training and Education Post Office Box 71 Hodder House 2 Merchant Road Framingham, MA 01704-0071 Tel: (508)-935-0901 Fax: (508)-935-0907 Harold W. Clar!,. Commissioner James R. Bender ROllilld T. Duval Veronica M. MJldden Deputy COmJni.<;osioners Carolyn J. Vicari Dlrec.lor To: Department of Correction Librarians From: Mary-]o Sweeney, Manager of Library Re: Prison Legal News Date: May 12, 2009 service~ The Department of Correction Legal Division has requested that the attached notice concerning Prison Legal News be placed in an area where inmates gen.erally receive notices and infonnation at every inmate library, Please ensure this notice is posted, Please notify institution personnel, as needed, concerning posting of this message,' Let me know if you have any questions. Thank you, 85/12/2009 15:14 5177277403 LEGAL Subject to the requirements set forth in 103 CMR 481.00, Inmate Mail, you may purchase and receive publications from Prison Legal News. This notice is for informational purposes only and does not in any way represent the Department of ··Correction's views, promotion, endorsement or sponsorship of Prison Legal News; moreover, some of the publications may be available through other sources as well. PAGE 07/07