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Articles by Matthew Clarke

Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims

by Matt Clarke

On November 23, 2010, the Massachusetts Supreme Judicial Court issued a pair of opinions that clarify the requirements for suing the state for compensation following an erroneous conviction. Specifically, the Court clarified the requirement that the conviction must be reversed “on grounds which tend to establish innocence,” ...

U.S. Department of Justice Report Puts Price Tag on Preventing Prison Rape

by Matt Clarke

On June 18, 2010, the U.S. Department of Justice (DOJ) released a report on the estimated fiscal impact of the Prison Rape Elimination Act (PREA) standards that had been proposed by the National Prison Rape Elimination Commission (NPREC) the previous year.

PREA, which was signed into law ...

$16 Million Federal Jury Award in Texas Jail Beating Suit

by Matt Clarke

On January 12, 2011, a federal jury in Beaumont, Texas found in favor of a former Jefferson County prisoner who was beaten by jail employees during the intake process. The jury awarded over $16 million in damages.

Joseph Christopher Roberts was arrested in April 2007 for making ...

Failure to Protect May Raise Claim Under Federal Tort Claims Act

by Matt Clarke

The Fifth Circuit Court of Appeals held that it was inappropriate to grant summary judgment against a prisoner who was assaulted by gang members after he had warned prison officials of the danger of being attacked. Following remand, however, the district court entered judgment in favor of ...

Fire at Overcrowded Chilean Prison Kills Over 80 Prisoners

by Matt Clarke

At around 5:30 a.m. on December 8, 2010, prisoners set fire to mattresses, blankets and clothing during a fight at the San Miguel prison in Santiago, Chile. The fire grew, killing at least 81 prisoners and severely injuring 21 others. The facility was designed to hold 700 ...

Controversy Involving North Carolina State Bureau of Investigation Crime Lab

by Matt Clarke

Crime lab analysts and agents with the North Carolina State Bureau of Investigation (SBI) have been accused of pushing the limits of accepted science and police procedures to provide pro-prosecution results. The accusations appeared well-founded after an audit ordered by North Carolina Attorney General Roy Cooper found ...

Texas Prison System Must Accommodate Hearing-Impaired Visitors

by Matt Clarke

On December 2, 2010, a Texas federal court entered summary judgment in favor of a visitor to a state prisoner who had sued the Texas Department of Criminal Justice (TDCJ) for failing to adequately accommodate his disability.

Jeremy Durrenberger, who is hearing impaired, visited state prisoner Jeremy ...

Department of Justice Reports on Sexual Victimization in U.S. Prisons and Jails

by Matt Clarke

In August 2010, the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) released a report on the most recent national survey of prisoners on the topic of sexual victimization in prisons and jails. The survey was conducted at 167 state and federal prisons, 286 jails and ...

Maricopa County Sheriff’s Office Insider Makes Misconduct Allegations; Resignations Result

by Matt Clarke

On August 17, 2010, Frank D. Munnell, Deputy Chief and Patrol Bureau Commander at the Maricopa County Sheriff’s Office (MCSO), sent a 63-page memorandum to Sheriff Joe Arpaio. The memo, which was made public the following month, accused several high-ranking MCSO officials – including Chief Deputy David ...

Fifth Circuit: Wyoming Prisoner May Sue Texas Private Prison Officials

by Matt Clarke

On June 16, 2008, the Fifth Circuit Court of Appeals ruled that a Wyoming state prisoner housed at a privately-operated prison in Texas could sue private prison officials for retaliation and taking money from his trust account.

Roger D. Pfeil, a Wyoming prisoner incarcerated at the Bill ...