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Articles by Matthew Clarke

Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport

by Matt Clarke

On December 19, 2025, the United States Court of Appeals for the Ninth Circuit reinstated a federal civil rights lawsuit brought by a wheelchair-bound Washington State Department of Corrections (DOC) prisoner who was forcibly placed on a standard prison transport bus instead of a special …

Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit

by Matt Clarke

On October 17, 2025, the United States Court of Appeals for the Eleventh Circuit upheld a district court’s summary dismissal of a federal civil rights suit brought by six women who were allegedly sexually assaulted while incarcerated at an Alabama jail because the lawsuit failed …

California Funds $38 Million Pilot Program to Investigate Methods for Cooling Three Prisons

by Matt Clarke

The California Department of Corrections and Rehabilitation (CDCR) recently announced a pilot program to study the use of various types of cooling systems and new insulation at three prisons to determine the best methods for wider application within its 31-­prison system. Currently, only around 8,000 …

Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan

 

by Matt Clarke

On October 7, 2025, the United States Court of Appeals for the Fifth Circuit upheld the dismissal of a Texas civil rights lawsuit challenging conditions of confinement at the Texas Civil Commitment Center (TCCC) in Littlefield, Texas.

Richard A. Dunsmore was …

Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit

On July 25, 2025, the United States Court of Appeals for the Sixth Circuit clarified what constitutes a “strike” for purposes of the Prison Litigation Reform Act’s (PLRA) “three-strikes” rule, 28 U.S.C. § 1915(g). See: Simmons v. Washington, 996 F.3d 350(6th Cir. 2021). …

Eighth Circuit Orders Preliminary Injunction Requiring Minnesota to Reinstate Program Teaching Biblical “Authentic Manhood”

On August 14, 2025, the United States Court of Appeals for the Eighth Circuit ordered the issuance of a preliminary injunction compelling the Minnesota Department of Corrections (DOC) to reinstate a program that teaches “authentic” manhood based upon biblical principles that the DOC said conflicted …

Eleventh Circuit Overturns 1990 Alabama Death Sentence Over Racially Biased Jury Selection; ACLU Report Shows It Is Still Happening

On June 30, 2025, the United States Court of Appeals for the Eleventh Circuit held that an Alabama prosecutor practiced purposeful discrimination in violation of federal law, clearly established by Batson v. Kentucky, 476 U.S. 79 (1986), when she used peremptory strikes in a racially …

Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions

The Institute of Justice (IJ) is helping two Texas women with master’s degrees in social work challenge a 2019 state law that bars anyone with a prior conviction involving the threat or use of force from ever receiving a license to practice in a healthcare profession, including social work. …

After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release

In May 2024, California federal District Judge Yvonne Gonzalez Rogers took the unusual step of writing a letter to numerous other judges who had sentenced women formerly incarcerated at Federal Correctional Institution Dublin and might be considering compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). In the letter, she …

Nebraska Supreme Court Clarifies Award of Time Served 
Credit for Non-Citizen Awaiting Extradition

On December 6, 2024, the Supreme Court of Nebraska clarified when a sentencing court is required to award credit for time served while incarcerated in a foreign country awaiting extradition. It held that crediting time served was mandatory provided the time was for the instant charge and had not …