Clement v. California Department of Corrections

Plaintiff/Appellee Frank Clement, an inmate at Pelican Bay State Prison (“Pelican Bay”), alleges in this 42 U.S.C. § 1983 action that his First Amendment rights were violated by Pelican Bay’s enforcement of its policy prohibiting inmates from receiving mail containing material downloaded from the internet. The district court denied the motion for summary judgment by the defendants/appellants, the California Department of Corrections and the individual corrections officials (collectively, “CDC”). The district court then sua sponte granted summary judgment for Clement and issued a permanent,…