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Articles by Matthew Clarke

Fifth Circuit Holds Defendants Entitled to Sovereign Immunity For Denial of Sex-Reassignment Surgery to Texas Prisoner

by Matt Clarke

On July 30, 2021, the United States Court of Appeals for the Fifth Circuit vacated orders denying sovereign immunity to some defendants in a lawsuit brought by a transgender Texas prisoner seeking access to sex-reassignment surgery, female commissary items, and a long-hair pass.

Texas Department of Criminal ...

Fifth Circuit Holds Confessed Medical Malpractice Does Not Insulate Prison Medical Providers From Finding of Deliberate Indifference

by Matt Clarke

On August 11, 2021, the United States Court of Appeals for the Fifth Circuit held that a confession of medical malpractice by prison health care providers does not prevent a district court from finding deliberate indifference. In affirming the district court’s denial of defendants’ motion for summary ...

Arizona Federal Court Rescinds Approval of Jensen Settlement; Sets Class Action Medical and Control Unit Case Against Arizona DOC for Trial

by Matt Clarke

On July 16, 2021, an Arizona federal court issued an order rescinding its 2015 approval of the settlement agreement (“Stipulation”) in a class action civil rights lawsuit challenging the adequacy of medical, dental, and mental health care in the Arizona Department of Corrections (DOC) as well as ...

South Carolina Attorney General Issues Opinion That Information in State Prisoners’ Death Certificates Is Public Information

by Matt Clarke

On May 14, 2021, the Office of the Attorney General (AG) of South Carolina issued an opinion that information relating to the death of state prisoners contained in their death certificates is public information subject to disclosure under the state’s Freedom of Information Act (FOIA), S.C. Code ...

Tennessee Department of Corrections Rebids $123 Million Health Care Contract After Corizon Accuses It and Centurion of Bid Rigging

by Matt Clarke

On May 10, 2021, the Tennessee Department of Corrections (DOC) announced that it would rebid the $123 million contract it had awarded to Centurion to provide behavioral health services—including psychiatric and addiction services—to prisoners in DOC prisons. The move came after Corizon accused the DOC and Missouri-based ...

Study Analyzes Deaths of Parole-Approved Texas Prisoners Awaiting Release

by Matt Clarke

A national audit of state parole systems conducted in 2019 gave Texas an “F” grade, noting it had some of the most burdensome requirements prisoners must meet before being approved for parole. Now a new study by the University of Texas Lyndon B. Johnson School of Public ...

Sacramento Sheriff Used Prisoner Welfare Fund for Trips, Salaries and Equipment

by Matt Clarke

According to the Sacramento Bee, Sacramento County Sheriff’s Office employees used money from a fund paid for by profits from the prisoners’ commissary purchases and phone calls to pay for airline fares, hotel rooms, routine jail maintenance, employee salaries, and security-related equipment. The prisoner welfare fund is ...

Mississippi Supreme Court Applies Pro Se Leniency in Reversing Dismissal of Prisoner’s Lawsuit Challenging Prison Disciplinary Action

by Matt Clarke

On April 29, 2021, the Supreme Court of Mississippi reversed the dismissal of a Mississippi Department of Corrections (DOC) prisoner’s pro se lawsuit challenging a prison disciplinary action. In doing so, the court applied pro se leniency and accepted service of the petition for judicial review (PJR) ...

Modest Decline in Prison and Jail Populations in Spring 2021

by Matt Clarke

In June 2021, the Vera Institute of Justice issued a report entitled People in Jail and Prison in Spring 2021, detailing the changes in jail and prison populations through the end of March 2021. The report showed that, following an unprecedented decline of 14%, from 2.1 ...

US DOJ Finds California Alameda County Jail in Violation of Constitution and ADA

by Matt Clarke

On April 22, 2021, the Civil Rights Division (CRD) of the U.S. Department of Justice (DOJ) issued a notice to Alameda County, California and its Santa Rita Jail, finding that both engage in practices which violate the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, and ...