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Articles by Matthew Clarke

Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee

Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee

by Matt Clarke

In a case involving the death of a pretrial detainee due to lack of medical treatment, the Fifth Circuit Court of Appeals upheld a district court’s order granting qualified immunity to a contract doctor at ...

Heat-related Deaths in Texas Prisons Lead to Lawsuits, Reluctant Changes

Heat-related Deaths in Texas Prisons Lead to Lawsuits, Reluctant Changes

by Matt Clarke and David M. Reutter

Prisoners across the nation are currently experiencing the oppressive heat of summer – particularly in the Southern states. Those incarcerated in Texas, however, have not just been sweating due to high temperatures. They ...

CCA Guard Killed During Riot was on Prisoners’ “Hit List”

CCA Guard Killed During Riot was on Prisoners’ “Hit List”

by Matt Clarke

A federal lawsuit filed by the family of a guard murdered during a riot at a Mississippi facility claims that prison officials knew the guard was on a “hit list” compiled by prisoners when he was called ...

Despite Reforms, Juvenile Offenders in Texas Remain Endangered

Despite Reforms, Juvenile Offenders in Texas Remain Endangered

by Matt Clarke

Two studies by the LBJ School of Public Affairs at the University of Texas at Austin found that juveniles held in Texas jails while awaiting trial as adults are often isolated with no access to education programs, and that ...

Jails Face Backlash, Class-action Lawsuits Over Debit Card Fees

Jails Face Backlash, Class-action Lawsuits Over Debit Card Fees

by Matt Clarke

The sheriff of Dallas County, Texas had a good reason for giving prepaid debit cards to prisoners containing the balance of their trust fund accounts when they were released from jail.

“There was too much money handling,” said ...

Prison Education Programs Threatened

Prison Education Programs Threatened

 

by Matt Clarke

 

Corrections officials across the country fear that two recent developments will drastically limit educational opportunities for prisoners – a scenario that research indicates could lead to higher recidivism rates.

First, Congress failed to renew federal funding in 2011, 2012 and 2013 ...

$2.25 Million Jury Verdict against LCS in Texas Prisoner Death Suit

by Matt Clarke

On October 24, 2012, a federal jury in Texas awarded $2.25 million to the estate and survivors of a prisoner who died at a facility operated by LCS Corrections Services (LCS), after finding the company was 100% at fault. The district court subsequently reversed its dismissal of ...

Study: TASER Shocks May Cause Fatal Heart Attacks

by Matt Clarke

A study involving eight people who lost consciousness immediately after being shocked by a TASER X26 – the most common electronic control device (ECD) used by police, corrections agencies and the military – concluded that ECD shocks can induce fatal cardiac arrest by causing cardiac “capture” and ...

Texas Criminal Court Fees are a Tax on Poor Defendants

by Matt Clarke

The Texas legislature has erected such a hodgepodge of criminal court fees that even the court administrators and clerks don’t know how to apply them. These fees, which are frequently not used for their intended purposes, amount to a hidden tax on the poorest members of society ...

Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation

by Matt Clarke

In a November 14, 2012 opinion, the Texas Court of Criminal Appeals held prosecutors are not required to prove that a probationer was able to pay fees and fines when his probation was revoked due to nonpayment. The Court of Appeals reversed the probation revocation on remand, ...