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Articles by Matthew Clarke

Dismissal for Want of Jurisdiction is Judgment With Prejudice in Texas

by Matthew T. Clarke


On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit
against a governmental entity for want of jurisdiction under the Texas Tort
Claims Act is a dismissal with prejudice that bars further suit against the
government or its agents. Texas ...

No Forfeiture of Good Time for Frivolous Habeas in Texas

by Matthew T. Clarke


The Texas Court of Criminal Appeals (CCA) has held that the statute
providing for forfeiture of good time belonging to a prisoner who filed a
frivolous lawsuit does not apply to state habeas corpus actions.

George William Bieck, a Texas state prisoner, filed his twenty-first state ...

Prisoner's Civil Suit Filed When Given to Prison Officials in Texas

By Matthew T. Clarke

On December 8, 2004, the Texas Court of Appeals held that a prisoner's
lawsuit was considered filed the day he turned it over to prison officials
for mailing.

Edwin H. Witherspoon, a Texas state prisoner, filed a civil rights suit
against prison officials in state court. ...

New Jersey Auditor: Life Skills Academy Prison Contract Improperly Monitored

by Matthew T. Clarke

A report by the New Jersey State Auditor released in July 2005, finds that the $1.5 million Life Skills Academy (LSA) contract was not properly monitored by prison system officials. The problems included prisoners who had graduated from the program previously and were facilitating the program ...

Record Number of Texas Prison Guards Arrested

by Matthew T. Clarke

It has often been said that it?s hard to tell the cops from the crooks. In Texas this may be true for prison guards as well. In April 2006, the Texas Department of Criminal Justice (TDCJ) released information indicating that record numbers of guards have been ...

$143,774.55 Attorney Fee and Costs Award in New York EMSA Suit

by Matthew T. Clarke

On May 16, 2006, a New York federal district court magistrate recommended awarding $143,774.55 in attorney fees and costs to the attorneys who represented a prisoner in a civil rights action.

Byron Lake was a prisoner in the Schenectady County (New York) Jail. Due to overcrowding, ...

Registration Requirements Expanded to Non-Sex Crimes and Unconvicted Offenses

by Matthew T. Clarke

Ohio and Illinois have recently expanded the scope of persons required to register with the state as sex offenders to include persons who have never been charged with or convicted of a sex crime.

In Ohio, the law was intended to register persons suspected of having ...

Two Registered Sex Offenders Murdered in Maine

by Matthew T. Clarke

A violent criminal predator used Maine's sex offender registry web site to identify two sex offenders so he could murder them.

Stephen A. Marshall, 20, of Cape Breton, Nova Scotia, Canada, used his laptop to methodically research the information posted on 34 registered sex offenders in ...

Early Release Debacle Prompts Nevada Prison Director’s Resignation

Early Release Debacle Prompts Nevada Prison Director's Resignation

by Matthew T. Clarke

Jackie Crawford, director of the Nevada state prison system since May 2000, announced her resignation from the $116,000-a-year position on September 15, 2005. The announcement cited health issues -- a worsening back problem -- as the reason for ...

U.S. Spends Record $185 Billion on Justice System is 2003

by Matthew T. Clarke

According to a report released by the U.S. Department of Justice?s Bureau of Justice Statistics in April, 2006, the U.S. spent a record $185 billion for police protection, detention, and judicial and legal activities in 2003. This represented a 418% unadjusted increase over 1982 justice expenditures. ...