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Articles by Matthew Clarke

Tragic Justice: Wrongfully Convicted Prisoners Die Shortly After Exoneration

For many people who are wrongfully convicted, being arrested for a crime they did not commit is just the first in a series of tragic events. If the arrest is traumatic, then their conviction and often lengthy incarceration is heart-rending.

But such events merely set the stage for what happens ...

Federal Court Certifies Class in Texas Prison Excessive Heat Lawsuit

On January 22, 2016, a federal district court in Texas certified a class and two subclasses, and appointed class counsel, in a lawsuit challenging excessive heat at a state prison.

Keith Cole, Ray Wilson, Jackie Brannum, Dean Mojica, Richard King, Fred Wallace and Marvin Ray Yates are Texas prisoners incarcerated ...

Escape is Latest Problem at Troubled Privately-run Texas Jail

In October 2015, Phillip Henry Freeman disappeared from the Liberty County Jail near Houston, Texas. He was recaptured living in a wooded area in Arkansas in late January 2016. His escape was the latest in a slew of problems at the 281-bed facility, which is operated by New Jersey-based Community ...

Fourth Circuit Reverses Dismissal of FTCA Failure-to-Protect Suit

On December 29, 2015, the Fourth Circuit Court of Appeals reversed the dismissal of a lawsuit alleging federal prison officials had failed to properly search prisoners who were placed in a recreation cage where they assaulted and repeatedly stabbed another prisoner.

Federal prisoner Joshua Rich was incarcerated in the Special ...

Seventh Circuit Tells Wisconsin Probationer with Gender Dysphoria how to Proceed

On December 23, 2015, the Seventh Circuit Court of Appeals dismissed the appeal of a Wisconsin probationer with gender dysphoria who was denied a preliminary injunction to allow her to move from a men’s homeless shelter to her mother’s house and to dress as a woman in public. In doing ...

$28.1 Million Jury Award after Eighth Circuit Allows Conspiracy Claims in Nebraska Wrongful Conviction Suit

On December 31, 2015, the Eighth Circuit Court of Appeals held that six wrongfully convicted former prisoners could sue Gage County, Nebraska for conspiring to manufacture false evidence; further, law enforcement officials involved in the investigation that led to the wrongful convictions were not entitled to qualified immunity. [See: PLN, ...

Report Finds Charging Criminal Justice Fees Perpetuates Mass Incarceration

The Brennan Center for Justice at New York University’s School of Law released a report in May 2015 titled, “Charging Inmates Perpetuates Mass Incarceration.”

Mass incarceration refers to the fact that the United States, which has around 5% of the world’s population, holds almost 25% of the world’s prisoners – ...

California County Settles Class-action Lawsuit Over Jail Medical and Mental Health Care

In November 2015, Riverside County, California agreed to settle a federal class-action civil rights suit brought by current and former county jail prisoners who alleged violations of their constitutional right to adequate medical and mental health care. [See: PLN, Feb. 2016, p.32].

The settlement included comprehensive reform of the ...

Kansas Supreme Court Modifies “Exoneration Rule”

In an opinion handed down on December 31, 2015, the Supreme Court of Kansas modified the requirement that a criminal defendant be exonerated prior to suing the attorney who represented him (the “exoneration rule”). Under the modification, reversal of a conviction or other post-conviction relief may count as a form ...

California County Settles Suits over Two Jail Prisoners’ Deaths for $1.6 Million

In mid-2014, Sutter County, California settled lawsuits brought by the families of two county jail prisoners who died. The family of Rodney Bock received $800,000 while the family of Nathan Prasad received $825,000. The jail also initiated some health care reforms.

Bock, 56, suffered from mental illness and was having ...