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Articles by Matthew Clarke

Impartial Prison Disciplinary Hearing Officials Required in Nevada

By Matt Clarke

On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased.

Brian Eugene Lepley, a Nevada state prisoner, was charged with the disciplinary infraction of knowing he was infected ...

Seventh Circuit: No Public Interest Requirement in Prisoner's First Amendment Retaliation Suit

by Matt Clarke

On March 4, 2009, the Seventh Circuit court of appeals held that a prisoner who alleges retaliation for free speech was not required to show that the speech engaged in concerned a matter of public interest.

Jimmy D. Bridges, a Wisconsin state prisoner, filed a civil rights ...

Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions

By Matt Clarke

On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions.

Gene Edward Howland, a Texas state prisoner, delivered a state petition for a writ of habeas corpus to prison officials for mailing to ...

Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail

By Matt Clarke

On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the Fourteenth Amendment did not protect his good time credits from forfeiture in disciplinary action resulting ...

Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act

By Matt Clarke

An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the Illinois Sexually Dangerous Persons Act (SDPA), 725 Ill. Comp. Stat. Ann. 205/0.01 et seq., who applied for discharge. ...

Arizona Reverses Denial of Attorney Fees In Arpaio Public Records Case

By Matt Clarke

An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public records.

In 2004, the Phoenix New Times (PNT), made nine requests of the Maricopa ...

Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel

Texas Court of Appeals: No Law Library Access Right for Prisoner
Who Waives Appointed Counsel

By Matt Clarke

On April 30, 2008, a Texas court of appeals ruled that a prisoner who waived his right to counsel in a criminal case has no right of access to a law library. ...

Fifth Circuit: Federal Government May Collect Restitution Up To 20-Years

By Matt Clarke

The Fifth Circuit court of appeals held that the government may place a lien on property to collect restitution for up to twenty years after the judgment, even if the victim has waived collection of the restitution.

In 1992, David B. Ridgeway was convicted of 22 federal ...

Fifth Circuit: No Liberty Interest in Discretionary BOP Sentence Reduction

By Matt Clarke

The Fifth Circuit court of appeals upheld the denial of sentence reduction to a federal prisoner who had completed the Residential Drug Abuse treatment Program (RDATP).

Michael Richardson, a federal prisoner incarcerated at the Federal Correctional Institution (FCI) in Seagoville, Texas, was told by FCI staff that ...

Louisiana Court Of Appeals Overturns Strip Tier Cell InjunctionOverturns

Louisiana Court Of Appeals Overturns Strip Tier Cell Injunction

By Matt Clarke

On June 20, 2007, a Louisiana state court of appeals overturned a district court’s granting of an injunction against prison officials placing the prisoner into a strip tier cell (STC) without his having committed a new disciplinary infraction. ...