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Articles by Matthew Clarke

California’s Firefighting Prisoners in Short Supply

by Matt Clarke

California has a history of using prisoners to fight wildfires that dates back to World War II. But that practice is being questioned after 2018 was one of the worst fire seasons ever recorded, and several prisoners were seriously injured fighting the infamous Camp Fire.

Critics point ...

Death Penalty Prosecution in Colorado Costs State Over $1.6 Million, Ends in Life Sentence

by Matt Clarke 

After spending seven years and more than $1.6 million seeking the death penalty for a prisoner who killed a Colorado prison guard, prosecutors plea-bargained the case for a life sentence. The state is reimbursing the county for the costs of prosecution; the expenses for defense counsel ...

Texas Jail Administrator Fired for Tampering with Government Documents

by Matt Clarke

The Hill County Sheriff’s Office in Texas fired the head of the county jail on June 19, 2019. Jail Captain Sherry “Diann” Hammer, 68, had been on administrative leave since March while Texas Ranger Jake Burson investigated allegations that she had ordered a jailer to shred the ...

Kansas Federal Court Holds U.S. Attorney’s Office in Contempt

by Matt Clarke

On August 13, 2019, federal judge Julie Robinson issued a 188-page order holding the U.S. Attorney’s Office in Kansas in contempt of court for its pattern of misrepresentation, obfuscation and lack of cooperation during a three-year probe previously reported in PLN. [See: PLN, May 2019, p.14; May ...

Food Survey Reveals Washington State Prisoners’ Concerns and Complaints

by Matt Clarke

It might be classified as “better late than never,” but a March 2019 report on a food survey of prisoners at the Washington State Penitentiary (WSP), undertaken by the state’s Office of the Corrections Ombuds, cast light on the kinds of problems with prison food that led ...

Over Three Decades Later, Turner v. Safley Still Controls Many Prisoner Lawsuits

by Matt Clarke

Nebraska officials have prevented a couple from marrying for seven years. Both are state prisoners, and they have filed a lawsuit to force the prison system to let them wed.

Oddly enough, the controlling case is the much-maligned, over-three-decades-old U.S. Supreme Court decision in Turner v. Safley ...

PLRA Does Not Prevent In Forma Pauperis Appeal of Case that Resulted in Third Strike

by Matt Clarke

On July 18, 2019, the Fourth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) does not prohibit a prisoner from being granted in forma pauperis status when appealing the dismissal of a case that resulted in his third strike under 28 U.S.C. § ...

Texas Counties Waste Millions by Jailing Defendants Charged with Citation-Eligible Misdemeanors

by Matt Clarke

In April 2019, social justice advocacy nonprofit Texas Appleseed released an analysis of jail bookings in a dozen of the most populous counties throughout Texas. The study examined the most serious charge that people faced when booked into jail, to determine the percentage of misdemeanor bookings. In ...

Class Action Certified in Pennsylvania Jail Gender Discrimination Suit

by David M. Reutter and Matt Clarke

A civil rights case alleging Berks County, Pennsylvania denied equal protection to female prisoners classified as trustees has been certified as a class action. After issuing a preliminary injunction to two different prisoners, the federal district court found that piecemeal injunctions for short-term ...

Federal Prisoner Challenges Constitutionality of Death Penalty; Gets Plea Deal for Life Without Parole

by Matt Clarke

On September 28, 2018, a Vermont federal judge approved a plea bargain to grant life without parole to a death-sentenced federal prisoner who had challenged the constitutionality of the death penalty in post-conviction proceedings.

Donald Fell was convicted of the interstate kidnapping and murder of Teresca King, ...