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Articles by Matthew Clarke

Judicial Misconduct Results in Mild Sanctions

Judicial Misconduct Results in Mild Sanctions

by Matt Clarke

In November 2011, the Texas Commission on Judicial Conduct (TCJC) temporarily suspended Aransas County Court-at-Law Judge William Adams after a 2004 video of Adams viciously beating his then-16-year-old daughter, Hillary, went viral. The state Supreme Court reinstated Adams on November 9, ...

When is a Person too Insane to Execute?

When is a Person too Insane to Execute?

by Matt Clarke

The Fifth Circuit Court of Appeals is hearing arguments to determine whether a Texas death row prisoner is too mentally ill to execute for murdering his in-laws as their daughter and granddaughter looked on.

The appellate court issued a ...

Easing Residency Restrictions Helps Curb Homelessness Among Registered Sex Offenders

Spurred by a growing number of homeless registered sex offenders, some states, cities and towns have begun relaxing stringent restrictions on where sex offenders may live – a trend supported by public officials and advocates who argue that such a strategy actually creates a safer environment for everyone.

Rather than ...

First Circuit Vacates Massachusetts Prisoner’s $325,956.36 Damages, Attorney Fee Award

First Circuit Vacates Massachusetts Prisoner’s $325,956.36 Damages, Attorney Fee Award

by Mark Wilson

On September 24, 2014, the First Circuit Court of Appeals held that Massachusetts prison officials were entitled to qualified immunity for segregating a pretrial detainee. Accordingly, the Court reversed the prisoner’s $47,500 damage award plus an award ...

Iowa DOC May Not Switch Administrative Law Judges in Mid-Disciplinary Process

Iowa DOC May Not Switch Administrative Law Judges in Mid-Disciplinary Process

by Matt Clarke

On August 20, 2014, a federal district court held that the Iowa Department of Corrections (DOC) had violated a prisoner’s due process rights when it reassigned his disciplinary case to a new administrative law judge (ALJ) ...

$1.56 Million Settlement for Texas Jail Death Due to Drug Withdrawal

$1.56 Million Settlement for Texas Jail Death Due to Drug Withdrawal

by Matt Clarke

One day before a trial was scheduled to begin in a Texas federal district court, Gregg County officials agreed to settle a case involving the death of a prisoner who was denied the prescription medications she ...

Fifth Circuit Reinstates Dallas County Jail Excessive Force Suit

Fifth Circuit Reinstates Dallas County Jail Excessive Force Suit

by Matt Clarke

On July 17, 2014, the Fifth Circuit Court of Appeals reversed the dismissal of a lawsuit filed by the widow of a former Texas prisoner alleging excessive use of force by guards at the Dallas County Jail.

Gregory ...

ICE Settles New York Immigration Raid Lawsuit for $1 Million

ICE Settles New York Immigration Raid Lawsuit for $1 Million

by Matt Clarke

Immigration and Customs Enforcement (ICE) has agreed to settle a class-action suit filed by 22 immigrants whose homes were raided by ICE agents in the New York City metropolitan area.

The settlement requires a change in ICE ...

Crime Labs Still in Crisis

Crime Labs Still in Crisis

by Matt Clarke

The October 2010 Prison Legal News cover story, “Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions,” provided an extensive examination of problems at crime labs nationwide. Apparently, and unfortunately, little has changed since that time.

In 2012, the U.S. Department ...

Dismissal of Challenge to Texas City’s Sex Offender Restrictions Reversed

Dismissal of Challenge to Texas City’s Sex Offender Restrictions Reversed

by Matt Clarke

The Fifth Circuit Court of Appeals has reversed the dismissal of a challenge to the constitutionality of a city’s sex offender residency restrictions.

In 2008, Lewisville, Texas enacted an ordinance prohibiting registered sex offenders whose offenses involved ...