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: 2004

Clearinghouse coding complete

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 medical…

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)

Fletcher, Betty Binns (Washington)

Attorney for Plaintiff

Brick, Ann (California)

Attorney for Defendant

Anderson, Robert R. (California)

Bowers, Jill Theresa (California)

Expert/Monitor/Master/Other

Bankston, Kevin (California)

show all people

Documents in the Clearinghouse

Document

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
72

4:00-cv-01860

Judgment

Clement v. California DOC

Sept. 9, 2002

Sept. 9, 2002

Order/Opinion
71

4:00-cv-01860

Permanent Injunction

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

Resources

Docket

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

Last updated Jan. 13, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

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)

May 23, 2000

May 23, 2000

PACER
2

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)

May 24, 2000

May 24, 2000

PACER
3

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)

June 9, 2000

June 9, 2000

PACER
4

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)

July 12, 2000

July 12, 2000

PACER
5

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)

July 26, 2000

July 26, 2000

PACER
6

MOTION before Judge Claudia Wilken by Plaintiff in to supplement complaint [4:00-cv-01860] (kc, COURT STAFF) (Entered: 03/01/2001)

Feb. 28, 2001

Feb. 28, 2001

PACER

RECEIVED supplemental complaint submitted by Plaintiff [4:00-cv-01860] (kc, COURT STAFF)

Feb. 28, 2001

Feb. 28, 2001

PACER
7

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)

April 13, 2001

April 13, 2001

PACER
8

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)

April 17, 2001

April 17, 2001

PACER
9

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)

May 7, 2001

May 7, 2001

PACER
10

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)

July 10, 2001

July 10, 2001

PACER
11

SUPPLEMENT by Plaintiff to complaint [5-1] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 07/12/2001)

July 10, 2001

July 10, 2001

PACER
12

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)

July 10, 2001

July 10, 2001

PACER
13

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)

July 10, 2001

July 10, 2001

PACER
14

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)

July 16, 2001

July 16, 2001

PACER
15

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)

Aug. 7, 2001

Aug. 7, 2001

PACER
16

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)

Aug. 10, 2001

Aug. 10, 2001

PACER
17

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)

Aug. 10, 2001

Aug. 10, 2001

PACER
18

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)

Aug. 10, 2001

Aug. 10, 2001

PACER
19

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)

Aug. 10, 2001

Aug. 10, 2001

PACER
20

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)

Aug. 10, 2001

Aug. 10, 2001

PACER
21

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)

Aug. 10, 2001

Aug. 10, 2001

PACER
22

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)

Aug. 15, 2001

Aug. 15, 2001

PACER
23

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)

Sept. 10, 2001

Sept. 10, 2001

PACER
24

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)

Oct. 26, 2001

Oct. 26, 2001

PACER
25

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)

Nov. 26, 2001

Nov. 26, 2001

PACER
26

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)

Nov. 26, 2001

Nov. 26, 2001

PACER

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)

Nov. 26, 2001

Nov. 26, 2001

PACER
27

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)

Dec. 4, 2001

Dec. 4, 2001

PACER
28

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)

Jan. 17, 2002

Jan. 17, 2002

PACER
29

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)

Jan. 17, 2002

Jan. 17, 2002

PACER

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)

Jan. 17, 2002

Jan. 17, 2002

PACER
30

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)

Jan. 22, 2002

Jan. 22, 2002

PACER
31

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)

Feb. 25, 2002

Feb. 25, 2002

PACER
32

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)

Feb. 25, 2002

Feb. 25, 2002

PACER
33

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)

Feb. 25, 2002

Feb. 25, 2002

PACER
34

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)

Feb. 25, 2002

Feb. 25, 2002

PACER
104

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)

March 20, 2002

March 20, 2002

PACER
35

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)

March 28, 2002

March 28, 2002

PACER
36

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)

April 18, 2002

April 18, 2002

PACER
37

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)

April 22, 2002

April 22, 2002

PACER
38

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)

April 29, 2002

April 29, 2002

PACER

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)

May 14, 2002

May 14, 2002

PACER
39

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)

May 22, 2002

May 22, 2002

PACER
40

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)

June 5, 2002

June 5, 2002

PACER

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)

June 6, 2002

June 6, 2002

PACER
41

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)

June 10, 2002

June 10, 2002

PACER

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)

June 14, 2002

June 14, 2002

PACER
42

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)

June 17, 2002

June 17, 2002

PACER
43

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)

June 17, 2002

June 17, 2002

PACER
44

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)

June 17, 2002

June 17, 2002

PACER
45

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)

June 17, 2002

June 17, 2002

PACER
46

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)

June 17, 2002

June 17, 2002

PACER
47

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)

June 17, 2002

June 17, 2002

PACER
48

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)

June 17, 2002

June 17, 2002

PACER
49

REQUEST FOR JUDICIAL NOTICE by Plaintiff Frank Clement in 4:00-cv-01860 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)

June 17, 2002

June 17, 2002

PACER
50

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)

June 17, 2002

June 17, 2002

PACER
51

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)

June 17, 2002

June 17, 2002

PACER
52

DECLARATION by Frank Clement on behalf of Plaintiff in 4:00-cv-01860 [4:00-cv-01860] (cp, COURT STAFF) (Entered: 06/19/2002)

June 17, 2002

June 17, 2002

PACER
55

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)

June 19, 2002

June 19, 2002

PACER
53

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)

June 20, 2002

June 20, 2002

PACER
54

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)

June 20, 2002

June 20, 2002

PACER
56

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)

June 27, 2002

June 27, 2002

PACER

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

July 3, 2002

July 3, 2002

PACER
57

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)

July 9, 2002

July 9, 2002

PACER

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 9, 2002

July 9, 2002

PACER

RECEIVED stipulation & order re: amended objections submitted by Plaintiff in 4:00-cv-01860 [4:00-cv-01860] (kk, COURT STAFF)

July 12, 2002

July 12, 2002

PACER
58

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)

July 15, 2002

July 15, 2002

PACER
59

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)

July 15, 2002

July 15, 2002

PACER
60

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)

July 24, 2002

July 24, 2002

PACER
61

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)

July 24, 2002

July 24, 2002

PACER
62

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)

July 24, 2002

July 24, 2002

PACER

RECEIVED stipulation and order correcting minor errors submitted by Plaintiff in 4:00-cv-01860 [4:00-cv-01860] (cp, COURT STAFF)

July 25, 2002

July 25, 2002

PACER
66

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)

July 26, 2002

July 26, 2002

PACER
63

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)

July 29, 2002

July 29, 2002

PACER
64

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)

July 30, 2002

July 30, 2002

PACER
65

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)

July 31, 2002

July 31, 2002

PACER
67

PROOF OF SERVICE by defendants of order [60-1] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 08/06/2002)

Aug. 5, 2002

Aug. 5, 2002

PACER
68

NOTICE by defendants in 4:00-cv-01860 of change of attorney [4:00-cv-01860] (cp, COURT STAFF) (Entered: 08/09/2002)

Aug. 8, 2002

Aug. 8, 2002

PACER

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)

Aug. 8, 2002

Aug. 8, 2002

PACER
69

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)

Aug. 9, 2002

Aug. 9, 2002

PACER
70

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)

Sept. 9, 2002

Sept. 9, 2002

PACER
71

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)

Sept. 9, 2002

Sept. 9, 2002

PACER
72

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)

Sept. 9, 2002

Sept. 9, 2002

PACER
73

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)

Sept. 20, 2002

Sept. 20, 2002

PACER
74

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)

Sept. 20, 2002

Sept. 20, 2002

PACER

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)

Sept. 20, 2002

Sept. 20, 2002

PACER
75

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)

Sept. 23, 2002

Sept. 23, 2002

PACER
76

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)

Sept. 23, 2002

Sept. 23, 2002

PACER
77

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)

Sept. 24, 2002

Sept. 24, 2002

PACER

RECEIVED Proposed Order ( Plaintiff in 4:00-cv-01860) re: motion to amend the judgment [77-1] [4:00-cv-01860] (cp, COURT STAFF)

Sept. 24, 2002

Sept. 24, 2002

PACER
78

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)

Sept. 30, 2002

Sept. 30, 2002

PACER
79

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)

Sept. 30, 2002

Sept. 30, 2002

PACER
80

NOTICE by Plaintiff of entry of order [76-2] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 10/04/2002)

Oct. 1, 2002

Oct. 1, 2002

PACER
81

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)

Oct. 4, 2002

Oct. 4, 2002

PACER
82

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)

Oct. 11, 2002

Oct. 11, 2002

PACER
83

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)

Oct. 11, 2002

Oct. 11, 2002

PACER
84

REPLY by Plaintiff in support of motion to amend the judgment [77-1] [4:00-cv-01860] (kc, COURT STAFF) (Entered: 10/21/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
85

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)

Oct. 25, 2002

Oct. 25, 2002

PACER
86

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)

Oct. 28, 2002

Oct. 28, 2002

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 23, 2000

Closing Date: 2004

Case Ongoing: No

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

California Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2000 - 2004

Issues

General:

Mail

Affected Sex or Gender:

Male

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run