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Articles by Matthew Clarke

Ninth Circuit Modifies Deliberate Indifference Analysis for Pretrial Detainees’ Inadequate Medical Care Claims

by Matt Clarke

On April 30, 2018, the Ninth Circuit Court of Appeals held it was error to apply a subjective standard to a 42 U.S.C. § 1983 claim alleging inadequate medical care that resulted in the death of a pretrial detainee.

Matthew Shawn Gordon was arrested on drug charges ...

Federal Jury Awards $6 Million to Epileptic Colorado Prisoner, but New Trial Ordered

by Matthew Clarke

On March 7, 2018, a Colorado federal jury awarded $6 million to a prisoner in a lawsuit over his mistreatment by a guard while he was experiencing an epileptic seizure.

Jayson M. Oslund, a Colorado state prisoner, had a history of epilepsy and was taking anti-seizure medication ...

Fifth Circuit Upholds Convictions of Louisiana Jail Staff for Failing to Stop Abuse

by Matthew Clarke

In February 2018, the Fifth Circuit Court of Appeals upheld a former Louisiana jail lieutenant’s conviction for depriving a prisoner of his civil rights under color of state law in violation of 18 U.S.C. § 242. Specifically, the ex-jailer had pleaded guilty to failing to intervene while ...

Lawsuit Alleges Texas County Jailers Beat, Paralyzed Prisoner

by Matthew Clarke

A lawsuit filed in federal district court alleges guards at the jail in Milam County, Texas beat a compliant prisoner without any reason, causing him to become paralyzed, then “released” him while he was in the hospital so the jail wouldn’t have to pay his medical bills. ...

Mother of Prisoner Who Died at Texarkana Jail Challenges $200,000 Settlement; Nurse Pleads Guilty

by Matthew Clarke

On November 11, 2017, notice of a $200,000 settlement was filed in a federal lawsuit over the death of a diabetic Texarkana jail prisoner who died after a nurse ignored her repeated requests for a blood sugar test. Soon thereafter the mother of the prisoner filed a ...

New Rule Sparks Uprising at California Sex Offender Civil Commitment Facility

by Matt Clarke

On January 14, 2018, about 400 to 500 civilly committed sex offender “patients” met in the common area of California’s Coalinga State Hospital to protest a stringent new rule that went into effect that day. The rule banned the possession of electronic devices with Internet access or ...

Texas Uses Failed Private Prison to Hold Civilly Committed Sex Offenders

by Matt Clarke

In 2015, Texas converted its outpatient program for civilly committed sex offenders into a “tiered” treatment program, in which participants start out in a “total confinement facility” at twice the cost of the original program. The state awarded Correct Care Solutions a $24 million contract to provide ...

Ohio Settles Suit Over Sexual Assault of Prisoner for $525,000

by Matt Clarke

In November 2017, Ohio state officials agreed to pay $525,000 to settle a lawsuit over the repeated sexual assault of a female prisoner.

Chesterland, Ohio attorney David B. Malik represented Dorothea Reynolds, who was incarcerated at the Ohio Reformatory for Women (ORW) in 2008 and 2009. He ...

Nevada County Settles Lawsuit Over Jail Prisoner’s Death for $500,000

by Matthew Clarke

In September 2017, Washoe County, Nevada settled a lawsuit brought by the parents of a man who died after a struggle with deputies at the county jail.

Reno police arrested Justin Thompson, 35, and took him to a hospital for treatment of injuries he received in a ...

Fifth Circuit Reverses Dismissal of Federal Prisoner’s Retaliation, Conspiracy Claims

by Matthew Clarke

On November 15, 2017, the Fifth Circuit Court of Appeals reversed the dismissal of a Louisiana federal prisoner’s claims that prison officials conspired to retaliate against him for filing a grievance regarding power outages at his facility.

Derrick D.L. Brunson’s grievance expressed safety concerns related to several ...