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Articles by Matthew Clarke

Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond

By Matt Clarke

The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a “law enforcement officer.”

Steven Lee Hyde, an Idaho state prisoner and adherent of the ...

Nevada Supreme Court: Parole Board Hearings Exempt From Open Meetings Law

by Matt Clarke

On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241.

John Witherow, a Nevada state prisoner, filed a complaint in state court against the Nevada Board of Pardons ...

Deaths of Three North Carolina Prisoners Raise Suspicions

by Matt Clarke and David M. Reutter

The deaths of two prisoners at the Maury Correctional Institution (MCI), a 1,000-bed close-security prison for men located in Greene County, North Carolina, have raised suspicions due to questionable circumstances surrounding those incidents. The eventual death of another prisoner who suffered injuries at ...

State Audit Finds Maryland Prison Employees Misused Funds in Prisoner Accounts

by Matt Clarke

State lawmakers have registered outrage after a state audit, released in October 2010, revealed that employees of the Maryland Department of Public Safety and Corrections (DPSC) at five finance offices in the Baltimore area used a prisoners’ trust account for paycheck advances. Irregularities were also discovered in ...

Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive

by Matt Clarke

On April 1, 2009, the Fifth Circuit Court of Appeals issued an order holding that a federal habeas corpus petition challenging procedures used to deny parole at a parole hearing which occurred after a previous habeas petition had been filed was not a successive petition.

Richard Delaney ...

Former Virginia Beach Sheriff Received Insider Information on Jail Contract

by Matt Clarke

Within a few days after his retirement as Sheriff of Virginia Beach, Virginia in late 2009, Paul Lanteigne went to work for Conmed Healthcare Management, Inc. and began exchanging emails with and receiving documents from his former coworkers at the Sheriff’s Department. The subject of the emails ...

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 ...