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Articles by Matthew Clarke

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 ...

Inadequate Medical Care in Texas Jails Kills Hundreds of Prisoners

by Matt Clarke

According to information provided by the Texas attorney general’s office, 282 prisoners died due to medical causes in county jails run by the state’s 254 sheriff’s departments between January 2005 and September 2009. That represents an average of around 63 jail prisoner deaths related to illnesses each ...

Practice of Jailing Parents Who Owe Child Support Raises Questions, Concerns

by Matt Clarke

Statistics from fiscal year 2009-2010 indicate that parents living in the San Antonio, Texas area who fail to pay child support run a greater risk – five times greater – of being jailed than deadbeat parents in other large Texas counties. The same statistics show that this ...

Jailing for Debt on the Rise

by Matt Clarke

The use of arrest warrants to jail people who have defaulted on debts is increasing. In Minnesota alone, there were 845 civil arrest warrants issued against debtors in 2009, an increase of 60% compared with 2004. Over a third of the states allow people to be locked ...