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Articles by Matthew Clarke

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 ...

ACLU Sues Nebraska Over Unconstitutional Prison Conditions

by Matt Clarke

On August 16, 2017, the ACLU of Nebraska, ACLU National Prison Project, Nebraska Appleseed, National Association of the Deaf and two law firms, DLA Piper and Rosen Bien Galvan & Grunfeld LLP, filed a federal class-action suit against the Nebraska Department of Correctional Services (NDCS), Nebraska Board ...

Ninth Circuit Reinstates Lawsuit Over Snitch Jacketing

by Matthew Clarke

On October 24, 2107, the Ninth Circuit Court of Appeals reinstated a lawsuit brought by a federal prisoner who complained that prison authorities were deliberately indifferent to her safety and violated the Privacy Act, 5 U.S.C. § 552a, by identifying her as an informant to other prisoners. ...

7th Circuit Affirms Dismissal of Illinois Prisoner's Civil Rights Lawsuit

by Matthew Clarke

On February 7, 2018, the Seventh Circuit Court of Appeals affirmed the dismissal of an Illinois prisoner's civil rights lawsuit.

Guards at the Menard Correctional Center were preparing prisoners to be walked to the chow hall when Joseph Wilborn emerged from his cell and attacked them. He ...

FBI Training Manuals, Guidelines May Be Exempt from FOIA Disclosure

by Matthew Clarke

On February 1, 2018, the Ninth Circuit Court of Appeals held that generalized law enforcement records such as training manuals and guidelines could fall under Exemption 7 of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(7), without requiring the agency seeking to withhold the documents ...

Fifth Circuit: Court May Not Mandate Maximum Heat Index on Louisiana’s Death Row

by Matthew Clarke

On January 31, 2018, the Fifth Circuit Court of Appeals held that a district court erred when it mandated a maximum-allowable heat index measure for a Louisiana’s death row. The court upheld the lower court’s finding of an Eighth Amendment violation due to excessive heat and requiring ...

Tenth Circuit upholds class certification of immigration detainees forced to labor

On February 9, 2018, the Tenth Circuit court of appeals upheld the certification of two classes of immigration detainees who were forced by GEO Group to labor without pay or to "volunteer" to labor for $1 per day.

Nine immigration detainees held at the Aurora Detention Facility, a 1,500-bed facility ...

Ninth Circuit Disfavors First Amendment Bivens Claim Against Private Reentry Center

by Matthew Clarke

On February 7, 2018, the Ninth Circuit court of appeals held that a federal prisoner could not pursue a claim that a privately operated reentry center's employees had violated his First and Fifth Amendment rights under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). ...

Ohio: Almost $3 Million Settlement in Suit Brought by Two Wrongfully Convicted Men

Ohio: Almost $3 Million Settlement in Suit Brought by Two Wrongfully Convicted Men

by Matt Clarke

In March 2017, a state court judge approved a $2.9 million settlement between Ohio and two men who each spent almost 17 years in prison after having been wrongfully convicted of rape and murder. ...