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Articles by Matthew Clarke

$9,000 Settlement in Wisconsin Prisoner’s Heat-­Related Illness Suit

by Matt Clarke

On October 3, 2023, the Wisconsin Department of Justice sent a check for $9,000 to a state prisoner in settlement of his claims that he suffered a heat-­related illness, fell and injured himself after state Department of Corrections (DOC) guards ignored his pleas for help. In addition ...

Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018

by Matt Clarke

Since 2018, at least seven vulnerable detainees have died at the 366-­bed Pottawatomie County Public Safety Center, 30 miles east of Oklahoma City. Yet despite state law requiring deaths be reported within five days to the Oklahoma Health Department’s jail division, the jail failed to report five ...

North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter

by Matt Clarke

On September 5, 2023, the Court of Appeals of North Carolina reinstated a parolee’s parental rights that had been stripped for lack of contact with his minor daughter, after finding it was conditions of his parole which had prevented him from contacting her.

Crystal was born to ...

Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism

Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes

by Matt Clarke

On October 11, 2023, the Supreme Court of Arizona reversed a grant of partial summary judgment to Corizon Health, the former private medical contractor for the state Department of Corrections, Rehabilitation and Reentry (DCRR), in a suit filed over a state prisoner’s death from allegedly untreated diabetes. ...

South Carolina Sheriff Ordered to Pay $37,500 in Fees and Costs in Jail FOIA Case

by Matt Clarke

On August 1, 2023, a South Carolina court awarded the parent company of a local newspaper $37,500 in attorney fees and costs in a successful action to enforce the state’s Freedom of Information Act (FOIA), S.C. Code. § 30-4-30, against Charleston County Sheriff Kristin Graziano. The action successfully ...

New York Prisoners with Chronic Pain Win Injunction to Receive Denied Medication

by Matt Clarke

On November 22, 2023, the federal court for Southern District of New York granted a permanent injunction to a class of prisoners held by the state Department of Corrections and Community Supervision (DOCCS) who sued for relief from chronic pain they suffer. It replaced a preliminary injunction ...

New Jersey Supreme Court Revives Parolee’s Challenge to Administratively Imposed Treatment Program

by Matt Clarke

On August 3, 2023, the Supreme Court of New Jersey held that a state prisoner’s parole could not be conditioned on his enrollment in a residential treatment program (RTP) when he is eligible for automatic release under the Earn Your Way Out (EYWO) Act, N.J.S.A. 30:4-123.55b to ...

Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture

by Matthew Clarke

On August 24, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed an $800,000 jury award against a contract doctor at an Arkansas jail, in a suit brought on behalf of a detainee who died of sepsis after her appendix ruptured while incarcerated.

Linda S. ...

Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury

Matt Clarke

On August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit reinstated a Wisconsin prisoner’s claim that officials with the state Department of Corrections (DOC) violated Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. ch. 126 § 12101, et seq., by refusing to make ...