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Articles by Matthew Clarke

Washington State Court of Appeals Holds Payments to Class II Prison Workers Are “Wages” for Time-Loss Compensation Calculations

by Matt Clarke

On April 13, 2011, a Washington state Court of Appeals held that money paid to Class II prison workers counted as “wages” for purposes of calculating time-loss compensation.

James B. Hill, a former Washington state prisoner, was injured while performing a Class II prison job for which ...

Texas Prison System Increases Prisoners’ Monthly Phone Minutes

by Matt Clarke

In 2007, when Texas became the last state in the nation to let prisoners make phone calls on a regular basis, the limit on phone usage was 120 minutes a month. [See: PLN, Nov. 2007, p.11]. Two years later the Texas Board of Criminal Justice (TBCJ) responded ...

Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law

by Matt Clarke

When 17-year-old Justin Fawcett admitted to having consensual sex with a 14-year-old student at the same high school he attended in West Bloomfield, Michigan, he probably never thought that that youthful dalliance would lead to his death, but it did.

Justin and three other teens who separately ...

Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted

by Matt Clarke

On June 6, 2011, the Better Government Association (BGA) and the Center on Wrongful Convictions (CWC) at Northwestern University School of Law released a joint report on the cost of wrongful convictions. The report, which examined 85 wrongful convictions in Illinois since the advent of modern DNA ...

Doctors Who Participate in Executions Not Disciplined for Ethical Violations

By Matt Clarke

Since 1980, American Medical Association (AMA) policy has stated that it is a clear violation of medical ethics for physicians to participate in executions. The policy, which was last updated in 2005, contains a broad definition of "participation" which includes "consulting with or supervising lethal injection personnel." ...

Eighth Circuit Affirms No First Amendment Right to Lower Prison Phone Rates

by Matt Clarke

On January 21, 2011, a U.S. District Court held that state prisoners in Arkansas have no First Amendment right to less expensive phone rates, a decision that was subsequently affirmed by the Eighth Circuit Court of Appeals.

Arkansas state prisoners Winston Holloway and Joseph Breault filed a ...

Ninth Circuit Holds Phoenix New Times Executives May Sue Special Prosecutor over Improper Arrests; Prosecutor Disbarred

by Matt Clarke

On June 9, 2011, the Ninth Circuit Court of Appeals held that executives with the Phoenix New Times, an alternative weekly publication, could sue a special prosecutor who arranged for their late-night arrests after the New Times criticized Maricopa County Sheriff Joe Arpaio, County Attorney Andrew P. ...

Dramatic Increase in Number of Hispanics Sentenced to Federal Prison

by Matt Clarke

Tougher immigration enforcement efforts coupled with fast-track procedures in immigration cases have combined to dramatically increase the number of Hispanics entering the federal prison system. Statistics released in June 2011 indicate that Hispanics, who make up only 16% of the U.S. population, accounted for almost half of ...

Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005

by Matt Clarke

On June 7, 2011, a Pennsylvania federal judge issued an order reducing a prisoner’s jury award for destruction of legal materials to $75,005. The award had previously been reduced from $185,000 to $115,000.

Andre Jacobs, a Pennsylvania state prisoner, filed a pro se civil rights lawsuit in ...

Washington State Corrections Secretary Resigns Due to Affair with Subordinate

by Matt Clarke

Eldon Vail, the Secretary for the Washington Department of Corrections, submitted a letter of resignation on July 1, 2011 when it was publicly revealed that he had been having an affair with a subordinate.

Shortly before Vail resigned, several Seattle-area television stations received copies of a video ...