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Articles by Matthew Clarke

MacAuthur Justice Center Files Lawsuit Over Missouri Parole Revocations

by Matt Clarke

In August 2017, the MacArthur Justice Center (MJC) in St. Louis filed a federal civil rights suit against the Missouri Department of Corrections and its Division of Probation and Parole (Parole Board). At issue were alleged violations of the constitutional rights of parolees facing revocation hearings, which ...

In the Eye of the Storm: When Hurricanes Impact Prisons and Jails

by Matt Clarke

Hurricanes and other major storms represent a significant threat to prisoners. Prisons and jails are often built on poorly-drained land located in flood plains or other environmentally-sensitive areas. Although meteorologists usually warn of hurricanes days or even weeks before they make landfall, prisoners cannot move themselves to ...

Due Process Mandatory Before Texas Requires Sex Offender Registration for Crimes not Covered by Statute

by Matt Clarke

On August 8, 2017, a Texas federal district court determined that requiring a person on community supervision to register as a sex offender for a crime not covered by the Texas Sex Offender Registration Act, Art. 62.001 et seq., Texas Code of Criminal Procedure, without first affording ...

Indiana County Settles Jail Guard’s ADA/Discrimination Suit for $150,000

by Matt Clarke

In July 2017, an Indiana county settled a civil rights lawsuit brought by former jail guard Michael A. Jones that included claims under the Americans with Disabilities Act (ADA). The suit alleged the jail refused to accommodate post-traumatic stress disorder (PTSD) resulting from his finding a prisoner ...

Court Certifies Class of Missouri Prisoners Denied Hepatitis C Treatment

by Matt Clarke

On July 26, 2017 (two days before World Hepatitis Day), the ACLU of Missouri and the MacArthur Justice Center (MJC) announced the certification of a class of Missouri Department of Corrections (MDOC) prisoners who have been denied treatment for hepatitis C (HCV) under the prevailing standard of ...

Seventh Circuit Affirms Denial of Qualified Immunity in Jail Suicide Suit

by Matt Clarke

On July 26, 2017, the Seventh Circuit Court of Appeals affirmed a Wisconsin federal district court’s denial of qualified immunity to a jail guard and privately-contracted nurse after they ignored a prisoner’s risk assessment indicating a maximum risk of suicide.

Ryan L. Clark’s breath test showed he ...

Iowa Prison Officials Drop Disciplinary Sanctions in Controversial Case

by Matt Clarke

In 2009, Iowa state prisoner Joe Byrd was accused of participating in a prison gang rape along with four other prisoners. He not only asserted his innocence, but steadfastly maintained that the crime never happened. After a seven-year battle over disciplinary charges, the Iowa Department of Corrections ...

Fifth Circuit Reinstates Denial of Medical Care Suit Against Texas County Jail

by Matt Clarke

On June 15, 2017, in an unpublished ruling, the Fifth Circuit Court of Appeals reinstated a lawsuit brought by a former jail prisoner alleging he was denied adequate medical care at the Nueces County jail in Corpus Christi, Texas.

When Adam A. Balle was arrested by two ...

Massachusetts: State Court Officers May Not Enforce Immigration Detainers

by Matt Clarke

On July 24, 2017, a Massachusetts court held that state law provides no authority for court officers to arrest and hold an individual, solely on the basis of a federal civil immigration detainer, beyond the time he or she would otherwise be entitled to release.

Sreynuon Lunn ...

As Prison Populations Drop, Several States Close Facilities

by Dale Chappell and Matt Clarke

Connecticut has closed another prison as the state Department of Correction’s population continues to fall. Officials confirmed that Enfield Correctional Institution, a 700-bed medium-security facility, closed in January 2018.

State officials cited falling crime rates, demographic trends and sentencing reform for the decline in ...