by Matthew T. Clarke
Connecticut has enhanced its use of a state law (C.G.S.A. § 18-85a) that allows it to recover costs of incarceration from prisoners, targeting prisoners who benefit from a ?windfall? such as an inheritance, insurance settlement, legal judgment or lottery payment.
The state began actively enforcing the ...
by Matthew T. Clarke
In an unprecedented decision, a Texas court of appeals held that the state must give a prisoner notice and other due process protection when garnishing his trust fund for payment of criminal fines.
Zakee Kaleem Abdullah, a Texas state prisoner, filed an appeal after the trial ...
Texas Court of Appeals Reverses Termination of Prisoner's Parental Rights
by Matthew T. Clarke
A Texas court of appeals held that when terminating a prisoner's parental rights the two-year period of incarceration used to justify the termination begins after the petition to terminate parental rights has been filed.
Eric Maiwald, ...
by Matthew T. Clarke
The Fifth Circuit court of appeals held that a prisoner with a history of heart trouble who was denied any treatment for his chest pain could sue the nurse who denied him treatment even though he later received treatment and did not allege permanent damage.
John ...
by Matthew T.Clarke
In two related cases, the Supreme Court of Nevada held that sex offender certification hearings held by the Nevada Psychological Review Panel (PRP) were subject to the Nevada open meeting law (OML) and constitutional due process. The court also held that prisoners who were serving consecutive sentences ...
by Matthew T. Clarke
On August 30, 2006, the federal Government Accountability Office (GAO) released a report that questions the accuracy of the sex offender registries being used by the states to track registered sex offenders (RSOs). The chief complaint was that the sex offender databases used to track RSOs ...
by Matthew T. Clarke
In October 2006, the Bureau of Justice Statistics of the U.S. Department of Justice released a report on prior drug use among state and federal prisoners. The report compared the years 1997 and 2004. It showed that the percentage of state prisoners who used drugs prior ...
by Matthew T. Clarke
Five former prison guards convicted in federal court on criminal charges stemming from a sex-for-contraband scandal at the Federal Correctional Institute (FCI) in Tallahassee, Florida have been sentenced; four received prison terms.
When federal agents arrived at FCI Tallahassee on June 21, 2006, they expected to ...
by Matthew T. Clarke
The Texas Department of Criminal Justice (TDCJ) is understaffed by 3,152 guards, a 12% deficit compared to full staffing. The shortage has grown each year from an average of 8.5% in 2004. Some prison units have very large staffing shortfalls, including Dalhart (37%), Smith (33%), Coffield ...
by Matthew T. Clarke
On October 4, 2006, a federal court in Massachusetts awarded $13,655,940 to a man falsely convicted of rape.
Eric Sarsfield was living in Marlborough, Massachusetts in July 1987 when Ms. Toni Gustus was raped in the same community. Gustus reported the crime and forensic samples were ...
