context: This Court is inclined to agree. In Clement v. CDC, the Ninth Circuit held that a CDC policy which prohibited inmates from receiving internet generated materials was unconstitutional. That the District Court decision in Clement issued after Defendants' alleged conduct does not change the fact that Plaintiff suffered a constitutional violation.
citation_a.signal: see also
citation_a.parenthetical: "A new rule for conduct of criminal prosecution is applied retroactively to all cases... pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a 'clear break' with the past"
citation_a.sentence: See U.S. v. Booker, 543 U.S. 220, 125 S.Ct. 738, 739, 160 L.Ed.2d 621 (2005) (applying holding on constitutional rights retroactively to “all cases on direct review”); see also Griffith v. Kentucky, 479 U.S., 314, 328, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987) (“A new rule for conduct of criminal prosecution is applied retroactively to all cases... pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a ‘clear break’ with the past”).
citation_b.signal: see
citation_b.identifier: 125 S.Ct. 738, 739
citation_b.parenthetical: applying holding on constitutional rights retroactively to "all cases on direct review"
citation_b.sentence: See U.S. v. Booker, 543 U.S. 220, 125 S.Ct. 738, 739, 160 L.Ed.2d 621 (2005) (applying holding on constitutional rights retroactively to “all cases on direct review”); see also Griffith v. Kentucky, 479 U.S., 314, 328, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987) (“A new rule for conduct of criminal prosecution is applied retroactively to all cases... pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a ‘clear break’ with the past”).