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Articles by Matthew Clarke

Tenth Circuit: No Clearly-Established Right to Oklahoma Trust Fund Money

by Matt Clarke

On November 22, 2010, the Tenth Circuit Court of Appeals held that Oklahoma state prisoners had no clearly-established right to the funds in their trust fund accounts in 2007.

Herman T. Clark, an Oklahoma state prisoner, was sued by a woman he had been convicted of …

Third Circuit: Non-Sex-Offender Prisoners Entitled to Due Process Before Prison Requires Sex Offender Treatment

by Matt Clarke

On October 4, 2010, the Third Circuit held that a prisoner who has not been charged with or convicted of a sex offense may not be compelled to participate in sex offender treatment unless the prison first provides due process.

Charles S. Renchenski was convicted of …

Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal

by Matt Clarke

In an opinion filed on November 18, 2011, the Fifth Circuit Court of Appeals held that it had no jurisdiction over a Louisiana deputy's appeal from the denial of his motion for summary judgment based on qualified immunity in a civil rights suit involving denial of medical …

Department of Justice Reports on State and Federal Prisoners in 2009

by Matt Clarke

The Bureau of Justice Statistics of the U.S. Department of Justice has released a statistical report on prisoners under state and federal jurisdiction for the year ending on December 31, 2009. The report notes a slowing in the growth of prisoner populations with a 0.2% increase from …

Historic $45 Million Settlement in Washington State Prison Phone Class-action Suit

by Matt Clarke

In January 2013, A $45 million settlement was reached in a long-standing lawsuit that challenged the failure of prison phone service companies to provide rate information to people who accepted calls from prisoners in Washington State.

Previously, on February 23, 2012, a King County superior court had …

$2.6 Million Jury Award for Prisoner Beaten in Los Angeles County Detox Cell

by Matt Clarke

On June 13, 2012, a federal jury awarded over $2.6 million to a man who was brutally assaulted by another prisoner while being held in a detoxification cell in a West Hollywood, California jail.

Jonathon Michael Castro was arrested late one evening for public drunkenness by Los …

Fifth Circuit Reverses $659,300 Katrina-Related Jury Award

by Matt Clarke

In March 2012, the Fifth Circuit Court of Appeals reversed a $659,300 jury award in favor of two men who were arrested for public intoxication in New Orleans two days before Hurricane Katrina struck, and were then incarcerated for a month – sometimes under deplorable living conditions.

…

LaSalle Corrections: A Family-Run Prison Firm

by Matt Clarke

Unique circumstances have combined to make northern Louisiana a prime location for private prisons, as Louisiana sheriffs can profit by letting a private company build and operate facilities that house both local prisoners and prisoners from other jurisdictions.
Meanwhile, other parish prisons – especially those in the …

Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence

by Matt Clarke

In a 7-0 opinion with two judges not participating, the Texas Court of Criminal Appeals held on February 15, 2012 that a former prisoner who claimed exculpatory evidence was withheld in his case, and who raised a free-standing claim of actual innocence based on the recantation of …

Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases

by Matt Clarke

On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent was entitled to compensation.

Billy Frederick Allen was convicted of a double homicide …