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Articles by Matthew Clarke

Report Finds Prior Incarceration Hinders Upward Economic Mobility

by Matt Clarke

The Pew Charitable Trusts’ Economic Mobility Project and Public Safety Performance Project issued a collaborative report in September 2010 on the impact of incarceration on economic mobility. The report found a strong negative effect of incarceration on upward economic mobility not only for former prisoners but also ...

Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference

by Matt Clarke

On March 19, 2010, the Seventh Circuit Court of Appeals held that a federal district court violated Rule 32.l(b)(2) of the Federal Rules of Criminal Procedure when the judge used videoconferencing technology to appear at a supervised release revocation hearing.

Christopher R. Thompson was convicted in federal ...

Fifth Circuit Grants Louisiana Prison Doctor Qualified Immunity

by Matt Clarke

The Fifth Circuit court of appeals reversed a Louisiana district court’s denial of qualified immunity for a prison doctor.

Anthony Gobert, a former Louisiana state prisoner, was incarcerated at the Elayn Hunt Correctional Center (EHCC) and on work release when his leg was accidentally crushed below the ...

Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process

by Matt Clarke

A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in an old case.

Roger L. Keeling, a Texas state prisoner, was convicted in 1992 ...

Impartial Prison Disciplinary Hearing Officials Required in Nevada

By Matt Clarke

On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased.

Brian Eugene Lepley, a Nevada state prisoner, was charged with the disciplinary infraction of knowing he was infected ...

Seventh Circuit: No Public Interest Requirement in Prisoner's First Amendment Retaliation Suit

by Matt Clarke

On March 4, 2009, the Seventh Circuit court of appeals held that a prisoner who alleges retaliation for free speech was not required to show that the speech engaged in concerned a matter of public interest.

Jimmy D. Bridges, a Wisconsin state prisoner, filed a civil rights ...

Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions

By Matt Clarke

On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions.

Gene Edward Howland, a Texas state prisoner, delivered a state petition for a writ of habeas corpus to prison officials for mailing to ...

Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail

By Matt Clarke

On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the Fourteenth Amendment did not protect his good time credits from forfeiture in disciplinary action resulting ...

Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act

By Matt Clarke

An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the Illinois Sexually Dangerous Persons Act (SDPA), 725 Ill. Comp. Stat. Ann. 205/0.01 et seq., who applied for discharge. ...

Arizona Reverses Denial of Attorney Fees In Arpaio Public Records Case

By Matt Clarke

An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public records.

In 2004, the Phoenix New Times (PNT), made nine requests of the Maricopa ...