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Articles by Matthew Clarke

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, ...

Washington State Settles Suit Over 15-Hour-a-Day Lockdown of Mentally Ill Prisoners

by Matt Clarke

In June 2019, Washington State officials settled a lawsuit over conditions of confinement for mentally ill prisoners at the Washington State Penitentiary (WSP), by agreeing to improve their living conditions. The settlement will end mandatory 15-hour-per-day lockdowns of prisoners with mental health issues, regardless of their custody ...

Arizona Court Grants Partial Summary Judgment to PLN in Censorship Suit

by Matt Clarke

On March 18, 2019, an Arizona federal district court granted in part a motion for summary judgment filed by Prison Legal News in a lawsuit over censorship by the Arizona Department of Corrections (ADC). The court ruled that the ADC had violated PLN’s due process rights ...

Nevada Supreme Court Reverses Dismissal of Prisoner’s Native American Religion Suit

by Matt Clarke

On May 10, 2019, the Nevada Supreme Court reversed a summary judgment order dismissing a prisoner’s claim that requiring him to prove tribal affiliation or otherwise demonstrate Native American association or ethnicity before he could participate in Native American sweat lodge and sacred pipe ceremonies violated his ...

Missouri Jury Awards $113.7 Million to Prison Guards Required to Work Without Pay

by Matt Clarke

On September 14, 2018, a Missouri state court issued an amended final judgment in a class-action lawsuit brought by Missouri Department of Corrections (DOC) guards who alleged they were required to work without compensation before and after each shift. The judgment included a jury award of $113.7 ...

Muslim Civil Rights Group Files Discrimination Suit Over Virginia Jail’s “God Pod”

by Matt Clarke

In November 2018, the Council on American-Islamic Relations (CAIR) filed a federal civil rights lawsuit on behalf of four Muslim prisoners at the Riverside Regional Jail in North Prince George, Virginia.

The complaint alleged that Riverside officials, including the jail’s superintendent, senior chaplain, food services supervisor, security ...