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Articles by Matthew Clarke

California Federal Court Refuses to Dissolve Most of Orantes Injunction

By Matt Clarke

On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), which established immigration processing standards for Salvadoran nationals.

The class-action civil rights lawsuit ...

Maine Supreme Judicial Court Reinstates Challenge to Maine SORNA

By Matt Clarke

The Maine Supreme Judicial Court has reversed the dismissal of a challenge to the Maine Sex Offender Registration and Notification Act (SORNA), 34-A M.R.S. §§ 11201-11256.
John Doe is the pseudonym of a person convicted after 1982 and before 1986 of a sex offense against a family ...

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 ...

Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel

Texas Court of Appeals: No Law Library Access Right for Prisoner
Who Waives Appointed Counsel

By Matt Clarke

On April 30, 2008, a Texas court of appeals ruled that a prisoner who waived his right to counsel in a criminal case has no right of access to a law library. ...

Fifth Circuit: Federal Government May Collect Restitution Up To 20-Years

By Matt Clarke

The Fifth Circuit court of appeals held that the government may place a lien on property to collect restitution for up to twenty years after the judgment, even if the victim has waived collection of the restitution.

In 1992, David B. Ridgeway was convicted of 22 federal ...

Fifth Circuit: No Liberty Interest in Discretionary BOP Sentence Reduction

By Matt Clarke

The Fifth Circuit court of appeals upheld the denial of sentence reduction to a federal prisoner who had completed the Residential Drug Abuse treatment Program (RDATP).

Michael Richardson, a federal prisoner incarcerated at the Federal Correctional Institution (FCI) in Seagoville, Texas, was told by FCI staff that ...