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Articles by Matthew Clarke

Third Circuit Revives Forced-Labor Claims of Jailed Pennsylvania Child Support Debtors

by Matt Clarke

On February 8, 2023, the U.S. Court of Appeals for the Third Circuit reinstated claims by Pennsylvania child support debtors jailed for civil contempt, who argued they were unfairly forced to perform unsafe and nearly uncompensated labor at a privately-operated, county-owned recycling center.

William …

Corizon Executes “Texas Two-Step,” Spinning Off Debt Into Bankrupt New Firm to Avoid Paying Creditors and Lawsuit Winners

by Matt Clarke

Corizon Heath, Inc. has engaged in legal maneuvers over the course of the past year that are intended to limit how much it must pay on over $38 million in debt to companies that supplied it with staffing, medical supplies and real estate, as well …

Third Circuit Reinstates Claim by Federal Prisoner in Pennsylvania that Guards Prevented Daily Muslim Prayers

by Matt Clarke

On March 21, 2023, the U.S. Court of Appeals for the Third Circuit reinstated a former federal prisoner’s lawsuit under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. §§ 2000bb et seq., alleging religiously motivated harassment by guards with the federal Bureau of Prisons (BOP) …

DOJ Finds Louisiana ‘Deliberately Indifferent’ to Prisoners Incarcerated Long Past Their Release Dates

by Matt Clarke

On January 25, 2023, the U.S. Department of Justice (DOJ) released a report finding the Louisiana Department of Public Safety and Corrections (DPSC) was deliberately indifferent to the due-process rights of state prisoners who were held long past their release dates. DOJ also found that …

$82 Million For Detainee Death in Oklahoma Jail is “Largest Civil Rights Death Claim in U.S. History”

by Matt Clarke

On February 24, 2023, an Oklahoma federal jury awarded $14 million in compensatory damages and $68 million in punitive damages to the estate of a woman who died of a heart attack in the Tulsa County Jail, despite repeatedly requesting medical care to no avail.

SCOTUS Overrules Arizona Supreme Court, Allows Death Row Prisoner to Proceed With State Habeas Action

by Matt Clarke

On February 22, 2023, the Supreme Court of the United States (SCOTUS) held that its decision in Lynch v. Arizona, 578 U.S. 613 (2016), was a “significant change” in the law as that term is used in Arizona Rule of Criminal Procedure 32.1(g). The …

Despite #MeToo, Celebrity Justice Remains Massively Unjust

by Matthew Clarke

We all know celebrities accused ofcrimes, including actors, musicians, sports figures, business leaders, politicians and journalists. If they’re prosecuted at all, the punishment is rarely harsh. The rich and famous simply aren’t treated like everyone else.

However, the rise of the #metoo movement has …

$142,500 Settlement After Pennsylvania Jail Guard Allegedly Knocked Out Detainee and Broke Her Jaw

by Matthew Clarke

On September 30, 2022, a lawsuit was dismissed against Pennsylvania’s Dauphin County, after a former pretrial detainee at the county lockup reached a $142,500 settlement on claims that a jail guard knocked her unconscious and smashed her jaw while she was handcuffed.

Barbara Barngetuny, …

Seventh Circuit Revives Illinois Prisoner’s Claim Over Prison Work Injury

by Matthew Clarke

On December 15, 2022, the U.S. Courtof Appeals for the Seventh Circuit held that a district court erred when it dismissed an Illinois prisoner’s lawsuit for misjoinder of defendants and claims. Finding the claims and defendants were in fact properly joined, the Court reinstated the …

Minnesota Supreme Court: Prisoner Abused with Overtight Handcuffs Need Only Show Deliberate Indifference, Not Malicious Intent

by Matthew Clark

On December 14, 2022, the Minnesota Supreme Court took up a state prisoner’s claim that he was left with permanent nerve damage from restraints guards misused during a routine medical transport. The Court held that the proper standard to apply is whether the allegations show …