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Articles by Matthew Clarke

Virgin Island Officials Held in Contempt: Prisoner Mental Health Treatment Inadequate

by Matt Clarke

A federal district judge has held the Governor, Attorney General and Director of Corrections of the U.S. Virgin Islands and other prison officials in contempt for not correcting inadequate prisoner mental health treatment.

Virgin Island prisoners filed a class-action suit in 1994, “challenging inhumane and dangerous conditions ...

First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case

by Matt Clarke

On August 27, 2009, the First Circuit Court of Appeals upheld an almost $102 million judgment in a lawsuit filed against the federal government after the FBI helped an informant secure the convictions of four men for a murder they didn’t commit.

In March 1965, Edward “Teddy” ...

Texas Counties Give Up on Probationer Restitution Centers

by Matt Clarke

In the 1980s, faced with overcrowded prisons and probationers who often failed to pay their court-ordered fees and fines, some Texas counties came up with what sounded like a good idea: the Probationer Restitution Center (PRC). A PRC is essentially a group of dedicated jail beds used ...

Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional

by Matt Clarke

On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of sex offenses had violated a parolee’s right to procedural due process.

Ray ...

Denial of Medical Care Causes Two Riots at GEO Group Texas Prison

by Matt Clarke

On December 12, 2008, a riot erupted at the GEO Group-run Reeves County Detention Center (RCDC) in Pecos, Texas, which houses federal immigration detainees. The uprising was triggered by the death of a prisoner who had received inadequate medical care. A second, more serious riot at the ...

Department of Justice Releases Arrest-Related Death Statistics

by Matt Clarke

The Bureau of Justice Statistics recently released statistics on state and local law enforcement arrest-related deaths for the years 2003 to 2006. Although Georgia, Montana and Maryland failed to respond to the survey and Nevada and Wyoming only provided information for one year, the statistics showed that ...

Wisconsin Enacts New Early Release Law

by Matt Clarke

When Wisconsin Governor Jim Doyle signed legislation to grant early release to certain prisoners, he just couldn’t win. “It went too far,” said Republicans. “It didn’t go far enough,” retorted his fellow Democrats. What in fact Governor Doyle did was authorize a new form of parole.

Wisconsin ...

Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000

by Matt Clarke

On September 5, 2007, the Fifth Circuit Court of Appeals held that a guard who used a cattle prod to shock a prisoner without any provocation caused more than a de minimis injury.

Dale Keith Payne, a Texas state prisoner, was working at the back gate of ...

Ohio Inspector General Finds Wrongful Acts by Prison System’s Assistant Director

by Matt Clarke

On July 29, 2009, the State of Ohio’s Office of the Inspector General (OIG) released an investigative report concerning the relationship between Ohio Department of Rehabilitation and Correction (ODRC) Assistant Director Michael Randle and Keith B. Key, President of Columbus-based KBK Enterprises, a real estate development company. ...

Settlement in Idaho Jail Condition Class-Action Suit

by Matt Clarke

On August 4, 2009, a consent decree was entered in a class-action lawsuit brought on behalf of jail prisoners with the help of the American Civil Liberties Union (ACLU) over conditions of confinement at the Canyon County Jail in Caldwell, Idaho. The defendants agreed to eliminate overcrowding ...