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Articles by Matthew Clarke

Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women

By Matt Clarke

On April 12,2011, the Sixth Circuit Court of Appeals issued an opinion upholding the $2.5 million jury award and $250-per-hour attorney-fees award to two women who were wrongly convicted of felonies.

Kimberly Sykes and Tevya Grace Urquhart were wrongly convicted of larceny by conversion and false report ...

New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic

by Matt Clarke

At an annual cost of $175,000 per civilly-committed sex offender, New York’s civil commitment program is the second most expensive in the country (Washington state is first at a cost of $177,000 per prisoner). As of December 2010, the more than $40 million-per-year program, which has the ...

Sixth Circuit: Prisoner Must be Allowed Direct Appeal When Prison Delayed Appeal Mailings

by Matt Clarke

The Sixth Circuit held that Michigan had to allow the appeal of a prisoner’s criminal conviction when prison officials had delayed the mailing of his appeal documents until after the filing deadline had expired.

Following his criminal conviction in state court, John Andrew Dorn, a Michigan prisoner, ...

The Sun Never Sets On Torture in American Military Prisons

by Matthew T. Clarke

PLN has reported extensively on some of the issues surrounding the treatment of prisoners in the American military prisons which were set up to hold people suspected of committing or supporting terrorism. This ranges from the murder, torture and abuse of prisoners in Iraq and Afghanistan ...

Fifth Circuit: Texas DNA Testing Motion Tolls Federal Habeas Limitations

by Matt Clarke

On November 14, 2007, the Fifth Circuit court of appeals ruled that a post-conviction DNA testing motion filed pursuant to Chapter 64 of the Texas Code of Criminal Procedure (C.C.P.) tolled the one-year limitations period for federal habeas corpus set forth in 28 U.S.C. § 2244(d)(2).

Wilbert ...

CCA May Be Liable For Guard Captain's Sexual Assault Of Louisiana Prisoner

by Matt Clarke

On March 15, 2007, a federal court in Louisiana held that the Corrections Corporation of America (CCA) may be liable for the sexual assault of a prisoner by a CCA captain at a CCA-run prison in Louisiana.

Brian B. Mitchell, a Louisiana state prisoner, was incarcerated at ...

Denial of Separate Religious Services Leads to Sectarian Tension Between New York Shiite and Sunni Prisoners

by Matt Clarke

Shiite Muslim prisoners in New York state prisons have long sought their own services separate from the majority Sunni Muslims. A recent federal court of appeals decision may help them get it.

The New York Department of Corrections (DOC) has 7,987 prisoners who identify themselves to prison ...

South Carolina DOC Must Establish Grievance Procedure For Crime Victims' And Prisoner Dependents' Claims Over Prison Industry Wages

by Matt Clarke

On May 7, 2007, the Supreme Court of South Carolina ruled that the South Carolina Department of Corrections (DOC) must allow prisoners' dependents, as well as crime victims entitled to restitution access to the DOC's internal grievance procedure to address issues involving prisoners' wages for participation in ...

Official Capacity Not the Same as Governmental Agency in Texas Civil Suit

by Matt Clarke

On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same as suing both the governmental entity and the employees, and thus the employees did not ...

New Allegations of Widespread Prisoner Abuse in Iraq Emerge As Abu Ghraib Soldiers Sentenced; Abu Ghraib General Writes Book

by Matthew T. Clarke

PLN has previously reported the abuse of prisoners in American military prisons in Iraq. [PLN June 2004, p. 1; Nov. 2004, p. 36; Dec. 2004, p. 26]. The most infamous location where prisoner torture took place is Abu Ghraib prison near Baghdad. The brigadier general over ...