Prison Legal News v. Bezotte et al

Filing 54

ORDER DENYING MOTION FOR SANCTIONS AND GRANTING THE ACLUS MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF.Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PRISON LEGAL NEWS, a Project of
the Human Rights Defense Center,
Plaintiff,
v.

Case No. 11-CV-13460
Honorable Denise Page Hood

LIVINGSTON COUNTY SHERIFF BOB
BEZOTTE, individually and officially,
and LIVINGSTON COUNTY,
Defendants.
/

ORDER DENYING MOTION FOR SANCTIONS AND GRANTING THE ACLU’S
MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
Now before the Court is Defendants’ Motion for Sanctions, filed October 7, 2011, and the
American Civil Liberties Union’s (ACLU) Motion for Leave to File Amicus Curiae Brief, filed
February 9, 2012.
Defendants ask that this Court impose sanctions on Prison Legal News (PLN) for their
attorneys deliberately misrepresenting themselves as an attorney for an inmate in order to gain
access to inmates. Specifically, Defendants take issue with the following: (1) PLN attorney Brian
Prain stating that his visit to an inmate was regarding a prospective representation in a criminal
matter and that he was visiting an inmate upon request; and (2) PLN attorney Lance Weber
misrepresenting the nature of PLN’s correspondence to an inmate as legal mail. PLN contends that
Mr. Prain’s visit with an inmate was at the inmate’s request and had nothing to do with the pending
lawsuit. It asserts that designating its mail as “legal” was not impermissible.

Eastern District of Michigan Local Rule 83.22(d) allows the Court to “impose discipline .
. . on any attorney who engages in conduct violating the Rules of Professional Conduct, these rules,
the Federal Rules of Civil or Bankruptcy Procedure, or orders of the court; or engages in other
conduct unbecoming of a member of the bar of this court.” In reviewing the motions by both sides,
sanctions are inappropriate. Both sides are engaging in finger pointing. Defendants’ Motion for
Sanctions is DENIED.
Accordingly,
IT IS ORDERED that Defendants’ Motion for Sanctions [Docket No. 12, filed October
7, 2011] is DENIED.
IT IS FURTHER ORDERED that the ACLU’s Motion for Leave to File Amicus Curiae
Brief [Docket No. 28, filed February 9, 2012] is GRANTED. The ACLU is directed to file its
Amicus Curiae Brief.
IT IS SO ORDERED.
S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: September 30, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record on
September 30, 2012, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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