Skip navigation

Articles by Matthew Clarke

Mississippi Supreme Court Applies Pro Se Leniency in Reversing Dismissal of Prisoner’s Lawsuit Challenging Prison Disciplinary Action

by Matt Clarke

On April 29, 2021, the Supreme Court of Mississippi reversed the dismissal of a Mississippi Department of Corrections (DOC) prisoner’s pro se lawsuit challenging a prison disciplinary action. In doing so, the court applied pro se leniency and accepted service of the petition for judicial review (PJR) ...

Modest Decline in Prison and Jail Populations in Spring 2021

by Matt Clarke

In June 2021, the Vera Institute of Justice issued a report entitled People in Jail and Prison in Spring 2021, detailing the changes in jail and prison populations through the end of March 2021. The report showed that, following an unprecedented decline of 14%, from 2.1 ...

US DOJ Finds California Alameda County Jail in Violation of Constitution and ADA

by Matt Clarke

On April 22, 2021, the Civil Rights Division (CRD) of the U.S. Department of Justice (DOJ) issued a notice to Alameda County, California and its Santa Rita Jail, finding that both engage in practices which violate the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, and ...

Fifth Circuit Affirms Dismissal of Federal Prisoner’s Bivens Action Challenging Due Process in 280-Day SHU Stay and Alleging Retaliation

by Matt Clarke

On June 2, 2021, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a federal prisoner’s claims of insufficient due process used in maintaining his Special Housing Unit (SHU) status for 280 days. In doing so, the court refused to expand the ...

Ninth Circuit Reverses Summary Judgment in Lawsuit For CoreCivic Causing BOP Detainee’s Prolonged Detention Without Court Appearance or Attorney

by Matt Clarke

On May 28, 2021, the United States Court of Appeals for the Ninth Circuit held that Corrections Corporation of America (now known as CoreCivic) was not entitled to summary judgment in a lawsuit over a pretrial detainee held for 355 days in solitary confinement without a court ...

Decapitated Prisoner Shows CDCR Safety Standards Still Headed in the Wrong Direction

California Inspector General’s office issues another reports highly critical of  health care at Corcoran and statewide prison employee disciplinary process

by Matt Clarke

In April 2021, the California Office of the Inspector General (OIG) issued a report highly critical of the medical care prisoners received at the 2,976-man California State Prison ...

Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Suit

by Matt Clarke

On May 5, 2021, the Fifth Circuit court of appeals reversed the dismissal of a federal civil rights lawsuit brought by a Texas state prisoner who alleged an assistant warden failed to protect him from an attack by a prisoner who had previously threatened him.

According to ...

California Appeals Court Holds Habeas Action Over Censorship of Tattoo Magazine Mooted By Delivery

by Matt Clarke

On June 8, 2021, a California court of appeals held that a prisoner’s habeas corpus challenging San Quentin State Prison’s withholding of eight issues of Artists Magazine was mooted when the prison allowed him to receive the censored issues.

California Code of Regulations, title 15, section 3006(c)(l7) ...

Two Albuquerque Jailers Indicted for Killing Prisoner

by Matt Clarke

On May 18, 2021, two jail guards at the Metropolitan Detention Center (MDC) in Albuquerque, New Mexico were indicted for involuntary manslaughter in connection with the asphyxiation death of a prisoner at the jail in 2019.

Video recordings show that guards used force on MDC prisoner Vicente ...

Massachusetts Supreme Judicial Court Rules on Medical Parole Despite Death of Prisoners Who Sought Judicial Review

by Matt Clarke

On May 19, 2021, the Supreme Judicial Court of Massachusetts ruled on three questions relating to medical parole despite the two prisoners who filed for judicial review having since died.

Raymond Harmon and Brian Racine were Massachusetts Department of Correction (DOC) prisoners who applied for release under ...