Case: Clement v. California Department of Corrections

4:00-cv-01860 | U.S. District Court for the Northern District of California

Filed Date: May 23, 2000

Closed Date: April 20, 2004

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Case Summary

On May 23, 2000, an inmate at the Pelican Bay State Prison filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of California against the California Department of Corrections. The plaintiff, who was represented by the ACLU and private counsel, sought injunctive relief and damages, alleging (1) that the delay in his diagnosis of and treatment for colon cancer amounted to cruel and unusual punishment, (2) that the prison's refusal to provide him with medically necessary tennis shoes also amounted to cruel and unusual punishment, and (3) that the prison mail policy, which prohibited the receipt of mail containing Internet-generated materials, violated the his First Amendment rights.

The defendants moved for summary judgment. On September 9, 2002, the District Court (Judge Claudia Wilken) granted in part and denied in part the defendant's motion. Clement v. California Department of Corrections, 220 F. Supp. 2d 1098 (N.D. Cal. 2002). The court granted the defendant's motion for summary judgment regarding the plaintiff's cruel and unusual punishment claims. The motion regarding the plaintiff's First Amendment claims, however, was denied. The court reasoned that "a prisoner's right to receive information by incoming mail [was] undisputed" and that the mail policy did not serve a legitimate penological interest. On its own motion, the court granted the plaintiff summary judgment on the issue of the mail policy. By separate order, the court permanently enjoined the defendants from enforcing any policy prohibiting California inmates from receiving mail simply because it contained Internet-generated information.

The defendants appealed. On April 20, 2004, the U.S. Court of Appeals, Ninth Circuit (per curiam) affirmed the District Court's grant of summary judgment for the plaintiff and the permanent state-wide injunction against the enforcement of the internet mail policy. Clement v. California Department of Corrections, 364 F.3d 1148 (9th Cir. 2004). The court agreed with the District Court's reasoning. The court further reasoned that the injunction entered by the District Court was not too broad, because the injunction was no broader than the constitutional violation.

The case appears to be closed.

Summary Authors

Kaitlin Corkran (8/20/2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5937463/parties/clement-v-cdc/

Judge(s)

Attorney for Plaintiff

Brick, Ann (California)

Clement, Frank (California)

Attorney for Defendant

Anderson, Robert R. (California)

Bowers, Jill Theresa (California)

Expert/Monitor/Master/Other

Bankston, Kevin (California)

Judge(s)

Fletcher, Betty Binns (Washington)

Reinhardt, Stephen Roy (California)

Restani, Jane A. (New York)

Wilken, Claudia Ann (California)

Attorney for Plaintiff

Brick, Ann (California)

Clement, Frank (California)

Kenny, John Bryce (California)

Kenny, J. Bryce (California)

MacKay, Heather (California)

Mittelstaedt, Robert A. (California)

Specter, Donald H. (California)

Starks, Jennifer (California)

Stewart, Craig E. (California)

Attorney for Defendant

Anderson, Robert R. (California)

Bowers, Jill Theresa (California)

Gifford, Paul D. (California)

Holzmann, Rochelle Corinne (California)

Kim, Elizabeth S. (California)

Lockyer, Bill (California)

Pancho, Linda (California)

Warwick, Tami M. (California)

Other

Bankston, Kevin (California)

Tien, Lee (California)

Vincent, John K. (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:00-cv-01860	Docket Clement v. California DOC	June 16, 2005	June 16, 2005 Docket
70 4:00-cv-01860	Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment; Denying Plaintiff's Motion for a Preliminary Injunction; Granting Plaintiff Partial Summary Judgment Clement v. California DOC	Sept. 9, 2002	Sept. 9, 2002 Order/Opinion 220 F.Supp.2d 1098
71 4:00-cv-01860	Permanent Injunction Clement v. California DOC	Sept. 9, 2002	Sept. 9, 2002 Order/Opinion
72 4:00-cv-01860	Judgment Clement v. California DOC	Sept. 9, 2002	Sept. 9, 2002 Order/Opinion
03-15006	Opinion Clement v. California DOC U.S. Court of Appeals for the Ninth Circuit	April 20, 2004	April 20, 2004 Order/Opinion 364 F.3d 1148
121 4:00-cv-01860	Order Striking Treglia's Motion to Find Defendant in Contempt of Court Clement v. California Department of Corrections et al.	May 23, 2012	May 23, 2012 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Clement v. California Department of Corrections ACLU Northern California	The landmark case Clement v. California Department of Corrections was brought on behalf of Pelican Bay prisoner Frank Clement by the ACLU Foundation of Northern California and the Prison Law Office. …	Aug. 31, 2013	Aug. 31, 2013 https://www.aclunc.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5937463/clement-v-cdc/

Last updated March 18, 2026, 5:30 a.m.

ECF Number	Date	Description	Link
1	May 23, 2000	COMPLAINT: NO Summons(es) issued; Fee status ifpp entered on 5/23/00; jury demand [4:00-cv-01860] (cp, COURT STAFF) (Entered: 05/24/2000)	RECAP
2	May 24, 2000	ORDER by Judge Claudia Wilken relating cases; 4:00-cv-1480 with member cases 4:00-cv-1860, Case reassigned to Judge Claudia Wilken ( Date Entered: 5/25/00) (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 05/25/2000)	RECAP
3	June 9, 2000	IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Frank Clement in 4:00-cv-01860 for leave to proceed in forma pauperis [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/13/2000)	RECAP
4	July 12, 2000	ORDER by Judge Claudia Wilken granting affidavit motion for leave to proceed in forma pauperis [3-1]; total filing fee is $150.00 with initial partial filing fee due at this time is $6.20; dismissing all claims against California Dept. of Corrections; dismissing plaintiff's first amendment claim WITH LEAVE TO AMEND within 30 days of the date of this order ( Date Entered: 7/14/00) (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 07/14/2000)	RECAP
5	July 26, 2000	AMENDED COMPLAINT [1-1] by Plaintiff Frank Clement in 4:00-cv-01860; jury demand terminating defendant T. Puget in 4:00-cv-01860, defendant Dwight Winslow in 4:00-cv-01860, defendant Susan Steinberg in 4:00-cv-01860, defendant Auggie Lopez in 4:00-cv-01860, defendant Teresa Schwartz in 4:00-cv-01860; adding D. Stewart to case(s) 4:00-cv-01860, [4:00-cv-01860] (cp, COURT STAFF) (Entered: 07/27/2000)	RECAP
6	Feb. 28, 2001	MOTION before Judge Claudia Wilken by Plaintiff in to supplement complaint [4:00-cv-01860] (kc, COURT STAFF) (Entered: 03/01/2001)	RECAP
	Feb. 28, 2001	RECEIVED supplemental complaint submitted by Plaintiff [4:00-cv-01860] (kc, COURT STAFF)
7	April 13, 2001	EX-PARTE APPLICATION before Judge Claudia Wilken by Plaintiff Frank Clement in 4:00-cv-01860 to substitute attorney [4:00-cv-01860] (cp, COURT STAFF) (Entered: 04/16/2001)	RECAP
8	April 17, 2001	ORDER by Judge Claudia Wilken granting motion to substitute attorney [7-1]; substituting attorney J. Bryce Kenny for plaintiff ( Date Entered: 4/18/01) (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 04/18/2001)	RECAP
9	May 7, 2001	PROOF OF SERVICE by Frank Clement in 4:00-cv-01860 of order [8-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 05/08/2001)	RECAP
10	July 10, 2001	Service ORDER by Judge Claudia Wilken GRANTING motion to supplement complaint [6-1] (Date Entered: 7/12/01) (cc: all counsel) [4:00-cv-01860] (kc, COURT STAFF) (Entered: 07/12/2001)	RECAP
11	July 10, 2001	SUPPLEMENT by Plaintiff to complaint [5-1] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 07/12/2001)	RECAP
12	July 10, 2001	Clerk's LETTER dated 7/10/01 to Litigation Coordinator, Pelican Bay State Prison regarding service of complaint on defendants [4:00-cv-01860] (kc, COURT STAFF) (Entered: 07/12/2001)	RECAP
13	July 10, 2001	Clerk's LETTER dated 7/10/01 to Attorney General, State of California regarding service of complaint [4:00-cv-01860] (kc, COURT STAFF) (Entered: 07/12/2001)	RECAP
14	July 16, 2001	LETTER dated 7/13/01 from Cliff Threm (Litigation Coordinator) re: service could not be completed on Warden Robert Ayers, Associate Warden Lopez, and Dr. Steinberg; defendants no longer employed at Pelican Bay State Prison [4:00-cv-01860] (cp, COURT STAFF) (Entered: 07/16/2001)	RECAP
15	Aug. 7, 2001	ORDER by Judge Claudia Wilken regarding inability to serve defendants Ayers, Lopez and Steinberg; Clerk to send copies of this letter to plaintiff's counsel and to the served defendants; (Date Entered: 8/7/01) (cc: all counsel) [4:00-cv-01860] (kc, COURT STAFF) (Entered: 08/07/2001)	RECAP
16	Aug. 10, 2001	WAIVER OF SERVICE by Teresa Schwartz in 4:00-cv-01860 served on 8/8/01 in response to the Request for Waiver sent on 7/10/01 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/13/2001)	RECAP
17	Aug. 10, 2001	WAIVER OF SERVICE by K. Johns served on 8/8/01 in response to the Request for Waiver sent on 7/10/01 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/13/2001)	RECAP
18	Aug. 10, 2001	WAIVER OF SERVICE by T. Puget in 4:00-cv-01860 served on 8/8/01 in response to the Request for Waiver sent on 7/10/01 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/13/2001)	RECAP
19	Aug. 10, 2001	WAIVER OF SERVICE by D. Stewart in 4:00-cv-01860 served on 8/8/01 in response to the Request for Waiver sent on 7/10/01 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/13/2001)	RECAP
20	Aug. 10, 2001	WAIVER OF SERVICE by C. Broce served on 8/8/01 in response to the Request for Waiver sent on 7/10/01 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/13/2001)	RECAP
21	Aug. 10, 2001	WAIVER OF SERVICE by Cal Terhune in 4:00-cv-01860 served on 8/8/01 in response to the Request for Waiver sent on 7/10/01 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/13/2001)	RECAP
22	Aug. 15, 2001	WAIVER OF SERVICE by defendant Dwight Winslow served on 8/13/01 in response to the Request for Waiver sent on 7/10/01 [4:00-cv-01860] (kc, COURT STAFF) (Entered: 08/15/2001)	RECAP
23	Sept. 10, 2001	ANSWER by Cal Terhune in 4:00-cv-01860, D. Stewart in 4:00-cv-01860 to amended complaint [5-1]; jury demand [4:00-cv-01860] (cp, COURT STAFF) (Entered: 09/12/2001)	RECAP
24	Oct. 26, 2001	ANSWER by Susan Steinberg in 4:00-cv-01860, Robert Ayers in 4:00-cv-01860, Auggie Lopez in 4:00-cv-01860 to complaint [5-1], complaint [1-1]; jury demand [4:00-cv-01860] (cp, COURT STAFF) (Entered: 10/29/2001)	RECAP
25	Nov. 26, 2001	MOTION before Judge Claudia Wilken by defendants in 4:00-cv-01860 to extend time to file a dispositive motion [4:00-cv-01860] (cp, COURT STAFF) (Entered: 11/30/2001)	RECAP
26	Nov. 26, 2001	DECLARATION by Elizabeth S. Kim on behalf of defendant in 4:00-cv-01860 re motion to extend time to file a dispositive motion [25-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 11/30/2001)	RECAP
	Nov. 26, 2001	RECEIVED Proposed Order ( defendant in 4:00-cv-01860) re: motion to extend time to file a dispositive motion [25-1] [4:00-cv-01860] (cp, COURT STAFF)
27	Dec. 4, 2001	ORDER by Judge Claudia Wilken granting motion to extend time to file a dispositive motion [25-1] until 1/24/02 ( Date Entered: 12/7/01) (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 12/07/2001)	RECAP
28	Jan. 17, 2002	MOTION before Judge Claudia Wilken by defendants in 4:00-cv-01860 to extend time to file a dispositive motion [4:00-cv-01860] (cp, COURT STAFF) (Entered: 01/18/2002)	RECAP
29	Jan. 17, 2002	DECLARATION by Sara Turner on behalf of defendant in 4:00-cv-01860 re motion to extend time to file a dispositive motion [28-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 01/18/2002)	RECAP
	Jan. 17, 2002	RECEIVED Proposed Order ( defendant in 4:00-cv-01860) re: motion to extend time to file a dispositive motion [28-1] [4:00-cv-01860] (cp, COURT STAFF)
30	Jan. 22, 2002	ORDER by Judge Claudia Wilken granting defendants' motion to extend time to file a dispositive motion [28-1] by 2/25/02 ( Date Entered: 1/24/02) (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 01/24/2002)	RECAP
31	Feb. 25, 2002	NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Claudia Wilken by defendant in 4:00-cv-01860 for summary judgment with Notice set for 4/19/02 at 10:00am [4:00-cv-01860] (cp, COURT STAFF) (Entered: 02/26/2002)	RECAP
32	Feb. 25, 2002	DECLARATION by Linda L. Rianda on behalf of defendant in 4:00-cv-01860 re motion for summary judgment [31-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 02/26/2002)	RECAP
33	Feb. 25, 2002	DECLARATION by Julianne Mossler on behalf of defendant in 4:00-cv-01860 re motion for summary judgment [31-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 02/26/2002)	RECAP
34	Feb. 25, 2002	DECLARATION by Dwight Winslow M.D. on behalf of defendant in 4:00-cv-01860 re motion for summary judgment [31-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 02/26/2002)	RECAP
104	March 20, 2002	ORDER by Judge Claudia Wilken GRANTING second request for extension of time to comply with the Court's 2/10/03 Order [102-1]; defendants must file their statement by 4/9/03; (Date Entered: 3/21/03) (cc: all counsel) [4:00-cv-01860] (scu, COURT STAFF) (Entered: 03/21/2003)	RECAP
35	March 28, 2002	STIPULATION and ORDER by Judge Claudia Wilken : vacating 4/19/02 hearing re motion for summary judgment [31-1] (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 04/01/2002)	RECAP
36	April 18, 2002	EX-PARTE APPLICATION before Judge Claudia Wilken by Plaintiff Frank Clement in 4:00-cv-01860 to extend time to file opposition [4:00-cv-01860] (kk, COURT STAFF) (Entered: 04/19/2002)	RECAP
37	April 22, 2002	ORDER by Judge Claudia Wilken granting motion to extend time to file opposition [36-1] to 5/20/02 ( Date Entered: 4/25/02) (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 04/25/2002)	RECAP
38	April 29, 2002	PROOF OF SERVICE by Plaintiff Frank Clement in 4:00-cv-01860 of order [37-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 04/30/2002)	RECAP
	May 14, 2002	RECEIVED notice of association of counsel and stipulated request for extension of time for filing plaintiff's opposition to motion for summary judgment and to set hearing date submitted by Plaintiff in 4:00-cv-01860 [4:00-cv-01860] (cp, COURT STAFF)
39	May 22, 2002	STIPULATION and ORDER by Judge Claudia Wilken : extending time to file opposition re: motion for summary judgment; setting hearing on motion for summary judgment [31-1] at 10:00am on 7/19/02; notice of association of counsel (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 05/30/2002)	RECAP
40	June 5, 2002	PROOF OF SERVICE by Plaintiff in 4:00-cv-01860 of order [39-1] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 06/07/2002)	RECAP
	June 6, 2002	RECEIVED stipulated request for extension of time for filing plaintiff's opposition to motion for summary judgment and for postponement of hearing date [4:00-cv-01860] (kc, COURT STAFF)
41	June 10, 2002	STIPULATION and ORDER by Judge Claudia Wilken : extending time to file an opposition re motion for summary judgment, and resetting hearing on motion for summary judgment [31-1] at 10:00am on 8/9/02 (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/13/2002)	RECAP
	June 14, 2002	RECEIVED motion and proposed order for permission to file separate briefs in opposition re: motion for summary judgment submitted by Plaintiff in 4:00-cv-01860 [4:00-cv-01860] (cp, COURT STAFF)
42	June 17, 2002	OPPOSITION by Plaintiff in 4:00-cv-01860 to motion for summary judgment [31-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
43	June 17, 2002	DECLARATION by Mike Godwin on behalf of Plaintiff in 4:00-cv-01860 re opposition [42-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
44	June 17, 2002	DECLARATION by Lara Stemple on behalf of Plaintiff in 4:00-cv-01860 re opposition [42-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
45	June 17, 2002	DECLARATION by Sheilah Glover on behalf of Plaintiff in 4:00-cv-01860 re opposition [42-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
46	June 17, 2002	DECLARATION by Beverly Lozano on behalf of Plaintiff in 4:00-cv-01860 re opposition [42-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
47	June 17, 2002	DECLARATION by Deirdre K. Mulligan on behalf of Plaintiff in 4:00-cv-01860 re opposition [42-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
48	June 17, 2002	DECLARATION by Heather MacKay on behalf of Plaintiff in 4:00-cv-01860 re opposition [42-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
49	June 17, 2002	REQUEST FOR JUDICIAL NOTICE by Plaintiff Frank Clement in 4:00-cv-01860 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
50	June 17, 2002	OPPOSITION by Plaintiff Frank Clement in 4:00-cv-01860 to motion for summary judgment [31-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
51	June 17, 2002	DECLARATION by Corey Weinstein on behalf of Plaintiff Frank Clement in 4:00-cv-01860 re opposition [50-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
52	June 17, 2002	DECLARATION by Frank Clement on behalf of Plaintiff in 4:00-cv-01860 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)	RECAP
55	June 19, 2002	Motion and ORDER by Judge Claudia Wilken permitting plaintiff to file separate briefs in opposition to defendants' motion for summary judgment ( Date Entered: 6/25/02) (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/25/2002)	RECAP
53	June 20, 2002	MOTION before Judge Claudia Wilken by Plaintiff Frank Clement in 4:00-cv-01860 for preliminary injunction with Notice set for 8/9/02 at 10:00am [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/21/2002)	RECAP
54	June 20, 2002	MEMORANDUM by Plaintiff Frank Clement in 4:00-cv-01860 in support of motion for preliminary injunction [53-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/21/2002)	RECAP
56	June 27, 2002	PROOF OF SERVICE by Plaintiff in 4:00-cv-01860 of order [55-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/28/2002)	RECAP
	July 3, 2002	RECEIVED stipulated request for permission to file objections to evidence and proposed order submitted by Plaintiff in 4:00-cv-01860 [4:00-cv-01860] (kc, COURT STAFF) Modified on 07/05/2002
57	July 9, 2002	REPLY by defendants in 4:00-cv-01860 to objections to evidence filed with motion for summary judgment [31-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 07/15/2002)	RECAP
	July 9, 2002	RECEIVED Proposed Order ( defendant in 4:00-cv-01860) re: motion to extend time to file defendants' reply to plaintiff's opposition to motion for summary judgment [57-1], re: opposition [57-1] [4:00-cv-01860] (cp, COURT STAFF)
	July 12, 2002	RECEIVED stipulation & order re: amended objections submitted by Plaintiff in 4:00-cv-01860 [4:00-cv-01860] (kk, COURT STAFF)
58	July 15, 2002	STIPULATION and ORDER by Judge Claudia Wilken granting request for permission to file plaintiff's objections to evidence (cc: all counsel) [4:00-cv-01860] (scu, COURT STAFF) (Entered: 07/19/2002)	RECAP
59	July 15, 2002	ORDER by Judge Claudia Wilken GRANTING motion to extend time to file defendants' reply to plaintiff's opposition to motion for summary judgment [57-1]; time is extended to and including 7/24/02; (Date Entered: 7/19/02) (cc: all counsel) [4:00-cv-01860] (scu, COURT STAFF) (Entered: 07/19/2002)	RECAP
60	July 24, 2002	STIPULATION and ORDER by Judge Claudia Wilken allowing plaintiff to file the final version of objections to defendants' evidence re: motion for summary judgment: (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 07/31/2002)	RECAP
61	July 24, 2002	OPPOSITION by Dwight, Winslow, T. Puget, et al to plaintiff's motion to strike evidence [4:00-cv-01860] (cp, COURT STAFF) (Entered: 07/31/2002)	RECAP
62	July 24, 2002	REPLY by Dwight Winslow, T. Puget, et al to opposition to motion for summary judgment [31-1]; OPPOSITION to motion for preliminary injunction [53-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 07/31/2002)	RECAP
	July 25, 2002	RECEIVED stipulation and order correcting minor errors submitted by Plaintiff in 4:00-cv-01860 [4:00-cv-01860] (cp, COURT STAFF)
66	July 26, 2002	STIPULATION and ORDER by Judge Claudia Wilken correcting minor errors in plaintiff's opposition papers and conceding that plaintiff exhausted administrative remedies on tennis show claim: (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/05/2002)	RECAP
63	July 29, 2002	PROOF OF SERVICE by defendant in 4:00-cv-01860 of order [60-1] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 08/01/2002)	RECAP
64	July 30, 2002	REPLY by Plaintiff Frank Clement in 4:00-cv-01860 to opposition to motion for preliminary injunction [53-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/02/2002)	RECAP
65	July 31, 2002	OBJECTIONS by Plaintiff Frank Clement in 4:00-cv-01860 to evidence in support of motion for summary judgment [31-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/02/2002)	RECAP
67	Aug. 5, 2002	PROOF OF SERVICE by defendants of order [60-1] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 08/06/2002)	RECAP
68	Aug. 8, 2002	NOTICE by defendants in 4:00-cv-01860 of change of attorney [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/09/2002)	RECAP
	Aug. 8, 2002	Docket Modification (Administrative) to notice [68-1] withdrawing attorney Elizabeth S. Kim for D. Stewart in 4:00-cv-01860, attorney Elizabeth S. Kim for Robert Ayers in 4:00-cv-01860, attorney Elizabeth S. Kim for Cal Terhune in 4:00-cv-01860 and substituting attorney Linda Pancho [4:00-cv-01860] (cp, COURT STAFF)
69	Aug. 9, 2002	MINUTES: before Judge Claudia Wilken ( C/R Peppina Thompson) ( Hearing Date: 8/9/02) that the motion for preliminary injunction [53-1] is submitted, that the motion for summary judgment [31-1] is submitted [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/16/2002)	RECAP
70	Sept. 9, 2002	ORDER by Judge Claudia Wilken DENYING motion for preliminary injunction [53-1], GRANTING in part and DENYING in part motion for summary judgment [31-1]; plaintiff's objections ot evidence are overruled and request for judicial notice is granted; granting plaintiff summary judgment on his First Amended claim; (Date Entered: 9/10/02) (cc: all counsel) [4:00-cv-01860] (kc, COURT STAFF) Additional attachment(s) added on 12/19/2005 (cjl, COURT STAFF). (Entered: 09/10/2002)	Clearinghouse
71	Sept. 9, 2002	PERMANENT INJUNCTION by Judge Claudia Wilken; defendants as well as their officers, directors, employees, agents and those in privity with them are enjoined from enforcing any policy prohibiting California inmates from receiving mail because it contains Internet-generated information; (Date Entered: 9/10/02) (cc: all counsel) [4:00-cv-01860] (kc, COURT STAFF) (Entered: 09/10/2002)	Clearinghouse
72	Sept. 9, 2002	JUDGMENT: by Judge Claudia Wilken plaintiff take nothing on his claims alleging violation of his Eighth Amendment rights, that those claims be dismissed on the merits, defendants also take nothing; defendants are enjoined from enforcing a policy that prohibits California inmates from receiving mail because it contains Internet-generated material; terminating case; each party bear its own costs of action; appeal filing ddl 10/10/02 (Date Entered: 9/10/02) (cc: all counsel) [4:00-cv-01860] (kc, COURT STAFF) (Entered: 09/10/2002)	Clearinghouse
73	Sept. 20, 2002	NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by defendants in 4:00-cv-01860 to alter or amend the judgment with Notice set for 10/25/02 at 10:00am [4:00-cv-01860] (cp, COURT STAFF) (Entered: 09/24/2002)	RECAP
74	Sept. 20, 2002	NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by defendant in 4:00-cv-01860 to stay of enforcement of permanent injunction pending disposition of motion to alter or amend the judgment [4:00-cv-01860] (cp, COURT STAFF) (Entered: 09/24/2002)	RECAP
	Sept. 20, 2002	RECEIVED Proposed Order ( defendant in 4:00-cv-01860) re: motion to stay of enforcement of permanent injunction pending disposition of motion to alter or amend the judgment [74-1] [4:00-cv-01860] (cp, COURT STAFF)
75	Sept. 23, 2002	NOTICE of amended hearing by defendants in 4:00-cv-01860 resetting motion to alter or amend the judgment [73-1] ; hearing set for 10:00am on 11/1/02 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 09/25/2002)	RECAP
76	Sept. 23, 2002	Motion and ORDER by Judge Claudia Wilken extending time for plaintiff to submit a motion for attorneys' fees until 11/26/02 ( Date Entered: 9/25/02) (cc: all counsel) [4:00-cv-01860] (cp, COURT STAFF) (Entered: 09/25/2002)	RECAP
77	Sept. 24, 2002	MOTION before Judge Claudia Wilken by Plaintiff in 4:00-cv-01860 to amend the judgment with Notice set for 11/1/02 at 10:00am [4:00-cv-01860] (cp, COURT STAFF) (Entered: 09/26/2002)	RECAP
	Sept. 24, 2002	RECEIVED Proposed Order ( Plaintiff in 4:00-cv-01860) re: motion to amend the judgment [77-1] [4:00-cv-01860] (cp, COURT STAFF)
78	Sept. 30, 2002	NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by defendants to stay enforcement of permanent injunction with Notice set for 11/1/02 at 10:00 [4:00-cv-01860] (kc, COURT STAFF) (Entered: 10/04/2002)	RECAP
79	Sept. 30, 2002	LETTER to Judge Wilken, dated 9/26/02, from Danny Roman regarding enforcement of order [4:00-cv-01860] (kc, COURT STAFF) (Entered: 10/04/2002)	RECAP
80	Oct. 1, 2002	NOTICE by Plaintiff of entry of order [76-2] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 10/04/2002)	RECAP
81	Oct. 4, 2002	OPPOSITION by defendant in 4:00-cv-01860 to motion to amend the judgment [77-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 10/08/2002)	RECAP
82	Oct. 11, 2002	OPPOSITION by Plaintiff in 4:00-cv-01860 to motion to alter or amend the judgment [73-1], motion to stay of enforcement of permanent injunction pending disposition of motion to alter or amend the judgment [74-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 10/15/2002)	RECAP
83	Oct. 11, 2002	DECLARATION by Heather MacKay on behalf of Plaintiff in 4:00-cv-01860 re opposition [82-1] [4:00-cv-01860] (cp, COURT STAFF) (Entered: 10/15/2002)	RECAP
84	Oct. 17, 2002	REPLY by Plaintiff in support of motion to amend the judgment [77-1] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 10/21/2002)	RECAP
85	Oct. 25, 2002	REPLY by defendants to opposition to motion to stay of enforcement of permanent injunction pending disposition of motion to alter or amend the judgment [74-1], motion to alter or amend the judgment [73-1] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 10/28/2002)	RECAP
86	Oct. 28, 2002	CLERK'S NOTICE that the motion to stay enforcement of permanent injunction [78-1] is submitted, that the motion to amend the judgment [77-1] is submitted, that the motion to stay of enforcement of permanent injunction pending disposition of motion to alter or amend the judgment [74-1] is submitted, that the motion to alter or amend the judgment [73-1] is submitted; hearing scheduled for 11/1/02 is VACATED [4:00-cv-01860] (kc, COURT STAFF) (Entered: 10/28/2002)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 23, 2000

Closing Date: April 20, 2004

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

State inmate alleging that enforcement of policy prohibiting inmates from receiving mail containing material downloaded from the internet violated his First Amendment rights

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

California Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Northern District of California 4:00-cv-01860

U.S. Court of Appeals for the Ninth Circuit 03-15006

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2000 - 2004

Issues

General/Misc.:

Mail

Affected Sex/Gender(s):

Male

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Recommended Citation

Case Summary of Clement v. California Department of Corrections, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/586/ (last updated 8/20/2005).