Honea

FINDINGS OF FACT AND CONCLUSIONS OF LAW; ORDER

From November 17, 2014, through November 20, 2014, this Court presided over a bench trial wherein the Court heard testimony from witnesses. Pursuant to the stipulation of the parties, closing arguments were submitted in writing. Following this Court’s ruling on Defendant Kory Honea’s (“Defendant”) motion pursuant to Rule 52 of the Federal Rules of Civil Procedure, the sole remaining issue of liability is whether Plaintiff Crime Justice & America, Inc. (“Plaintiff’ or “CJA”), established that the First Amendment was violated when the County denied distribution of its publication Crime Justice & America in the Butte County jail. 1 Plaintiff seeks damages, and declaratory and injunctive relief. The Court, having heard the arguments of counsel, and having reviewed all the papers and documents on file herein, as-well as the testimony and evidence presented at the trial, makes the following findings of fact and conclusions of law.

I.FINDINGS OF FACT

A. CJA Background and Business Model

1. Plaintiff publishes Crime, Justice & America (“CJ & A”), 3 a magazine intended for newly arrested jail inmates awaiting trial. The majority of…