Christopher Jones v. E. McDaniel
2013 U.S. App. LEXIS 11676
9th Cir.2013Background
- Jones drafted a prison letter urging inmates to use the grievance system to support a class action; letter discovered Sept. 2000 during a prison search.
- Jones was charged under NDOC Code MJ-28 for organizing or participating in a disruptive demonstration; Hearing Officer Drain ruled Jones violated MJ-28 and sanctioned him.
- Disciplinary sanctions included 180 days in disciplinary segregation, 90 days phone-privilege loss, and forfeiture of the letter.
- Jones filed a 42 U.S.C. §1983 suit—claiming due process, First Amendment retaliation, and supervisory accountability; district court granted summary judgment for defendants on First Amendment claims, and for due process on the related issue.
- Jury awarded nominal damages and punitive damages, and the district court entered a judgment; later, the parties settled for $11,800 plus fees and costs and expunged all records of the disciplinary charge.
- After settlement, Jones filed a notice of appeal; defendants moved to dismiss as moot and the district court indicated the case was fully settled; this appeal is moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Accord and Satisfaction moot the appeal? | Jones | McQuaid/defendants | Yes; appeal dismissed as moot. |
| Did the Accord and Satisfaction cover the First Amendment claims? | Jones intended to resolve all claims. | Settlement intended to settle entire dispute. | Yes; the settlement encompassed First Amendment claims. |
| Was the First Amendment partial-sum judgment review preserved? | Partial judgment preserved for appeal. | Judgment merged with final judgment; settlement mooted review. | Mooted by settlement; no independent review available. |
Key Cases Cited
- Smith v. T-Mobile USA Inc., 570 F.3d 1119 (9th Cir. 2009) (mootness when settlement resolves all claims)
- Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125 (9th Cir. 2005) (en banc; settlement moots live dispute)
- Sanford v. MemberWorks, Inc., 625 F.3d 550 (9th Cir. 2010) (settlement relinquishing all claims moots appeal)
- Milicevic v. Fletcher Jones Imports, Ltd., 402 F.3d 912 (9th Cir. 2005) (payment of judgment does not bar appeal absent explicit compromise)
- Wheeler Springs Plaza, LLC v. Beemon, 119 Nev. 260 (Nev. 2003) (Nevada law on settlement waiving right to appeal)
- May v. Anderson, 119 P.3d 1254 (Nev. 2005) (contract interpretation; settlement intent governs)