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Articles by Matthew Clarke

Fifth Circuit Grants Louisiana Prison Doctor Qualified Immunity

by Matt Clarke

The Fifth Circuit court of appeals reversed a Louisiana district court’s denial of qualified immunity for a prison doctor.

Anthony Gobert, a former Louisiana state prisoner, was incarcerated at the Elayn Hunt Correctional Center (EHCC) and on work release when his leg was accidentally crushed below the …

Sundry Claims Board Only Remedy For Maryland Prisoners Injured On Paid Jobs

by Matt Clarke

A Maryland court of appeals has ruled that Maryland state prisoners injured on paid jobs may only seek compensation through the Sundry Claims Board (SCB).

Melvin James Dixon, a former Maryland state prisoner, was on a work detail paying $0.90 a day at the Pre-Release Unit of …

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 …

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 …

Texas Prisoner’s Property Destruction Damages Properly Pleaded

By Matt Clarke

A Texas court of appeals has held that a state prisoner properly pleaded damages within the minimum jurisdictional limits of the district court.

Jeffery D. Westbrook, a Texas state prisoner incarcerated at the Allred Unit, filed suit pro se in state district court alleging prison officials on …

Texas Prisoner's Premises Defect Suit Against Dallas County Reinstated

by Matthew T. Clarke

A Texas court of appeals has reinstated the pro se, in forma pauperis negligence and premises defect tort suit brought by a Texas prisoner against Dallas County and the Sheriff of Dallas County after finding that the trial court abused its discretion in dismissing the suit.

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 …

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 …