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CLEMENT v. CALIFORNIA DEPT. OF CORRECTIONS

No. 03-15006.

364 F.3d 1148 (2004)

Frank S. CLEMENT, Plaintiff-Appellee, v. CALIFORNIA DEPARTMENT OF CORRECTIONS; Teresa Schwartz; Auggie Lopez; Susan Steinberg, M.D.; Dwight Winslow, M.D.; T. Puget, C/O, Defendants, and Cal Terhune; Robert Ayers; D. Stewart, Mailroom Staff, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2004.

Attorney(s) appearing for the Case

Rochelle Holzmann, Supervising Deputy Attorney General of the State of California, for the defendants-appellants.

Robert A. Mittelstaedt, Craig E. Stewart of Jones Day; Jennifer Starks; Ann Brick of the American Civil Liberties Union Foundation of Northern California; and Donald Specter and Heather Mackay of the Prison Law Office, for the plaintiff-appellee.

Lee Tien and Kevin Bankston of the Electronic Frontier Foundation, San Francisco, for amicus curiae Prison Legal News.

Before: B. FLETCHER, REINHARDT, Circuit Judges, and RESTANI, Judge.

PER CURIAM.

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...

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