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Articles by Matthew Clarke

Fifth Circuit: Wyoming Prisoner May Sue Texas Private Prison Officials

by Matt Clarke

On June 16, 2008, the Fifth Circuit Court of Appeals ruled that a Wyoming state prisoner housed at a privately-operated prison in Texas could sue private prison officials for retaliation and taking money from his trust account.

Roger D. Pfeil, a Wyoming prisoner incarcerated at the Bill ...

Inadequate Medical Care in Texas Jails Kills Hundreds of Prisoners

by Matt Clarke

According to information provided by the Texas attorney general’s office, 282 prisoners died due to medical causes in county jails run by the state’s 254 sheriff’s departments between January 2005 and September 2009. That represents an average of around 63 jail prisoner deaths related to illnesses each ...

Practice of Jailing Parents Who Owe Child Support Raises Questions, Concerns

by Matt Clarke

Statistics from fiscal year 2009-2010 indicate that parents living in the San Antonio, Texas area who fail to pay child support run a greater risk – five times greater – of being jailed than deadbeat parents in other large Texas counties. The same statistics show that this ...

Jailing for Debt on the Rise

by Matt Clarke

The use of arrest warrants to jail people who have defaulted on debts is increasing. In Minnesota alone, there were 845 civil arrest warrants issued against debtors in 2009, an increase of 60% compared with 2004. Over a third of the states allow people to be locked ...

Mexican Prison Officials Arm and Release Prisoners for Hit Squad Duties

by Matt Clarke

A Mexican prison director, Margarita Rojas Rodriguez, and three other prison employees were detained in August 2010 while their role in arming and releasing prisoners to kill rival gang members was investigated. [See: PLN, Jan. 2011, p.50].

“According to witnesses, the inmates were allowed to leave with ...

Select Legal Topics, by Andrew J. Schatkin, 
University Press of America, 625 pp (Sept. 2009), $69.95

Select Legal Topics, by Andrew J. Schatkin, 
University Press of America, 625 pp (Sept. 2009), $69.95

Book Review by Matt Clarke

The overwhelming characteristic of Select Legal Topics: Civil, Criminal, Federal, Evidentiary, Procedural, and Labor, by Andrew J. Schatkin, is density of information. This book is 625 pages long with ...

State Auditor Finds Vermont Sex Offender Registry Unreliable

by Matt Clarke

On June 25, 2010, the Vermont State Auditor released a report entitled Sex Offender Registry: Accuracy Could be Significantly Improved. As the title implies, the auditors found critical or significant errors in 79% of the community-based Sex Offender Registry (SOR) records audited. The errors were discovered by ...

Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense

by Matt Clarke

The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense conviction, could be subjected to sex offender parole restrictions.

David Brian Jennings was on parole ...

Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan

By Matt Clarke

On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force by a state prison guard. The panel also recommended that the en ...

Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision

Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision

By Matt Clarke

On December 12, 2008, the Fifth Circuit court of appeals held that the "some evidence" standard of Superintendent v. Hill, 472 U.S. 445, 105 S.Ct. 2768, 86 L.Ed. 356 (1985), did not apply to denial of ...