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Articles by Matthew Clarke

Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional

by Matt Clarke

On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of sex offenses had violated a parolee’s right to procedural due process.

Ray ...

Denial of Medical Care Causes Two Riots at GEO Group Texas Prison

by Matt Clarke

On December 12, 2008, a riot erupted at the GEO Group-run Reeves County Detention Center (RCDC) in Pecos, Texas, which houses federal immigration detainees. The uprising was triggered by the death of a prisoner who had received inadequate medical care. A second, more serious riot at the ...

Department of Justice Releases Arrest-Related Death Statistics

by Matt Clarke

The Bureau of Justice Statistics recently released statistics on state and local law enforcement arrest-related deaths for the years 2003 to 2006. Although Georgia, Montana and Maryland failed to respond to the survey and Nevada and Wyoming only provided information for one year, the statistics showed that ...

Wisconsin Enacts New Early Release Law

by Matt Clarke

When Wisconsin Governor Jim Doyle signed legislation to grant early release to certain prisoners, he just couldn’t win. “It went too far,” said Republicans. “It didn’t go far enough,” retorted his fellow Democrats. What in fact Governor Doyle did was authorize a new form of parole.

Wisconsin ...

Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000

by Matt Clarke

On September 5, 2007, the Fifth Circuit Court of Appeals held that a guard who used a cattle prod to shock a prisoner without any provocation caused more than a de minimis injury.

Dale Keith Payne, a Texas state prisoner, was working at the back gate of ...

Ohio Inspector General Finds Wrongful Acts by Prison System’s Assistant Director

by Matt Clarke

On July 29, 2009, the State of Ohio’s Office of the Inspector General (OIG) released an investigative report concerning the relationship between Ohio Department of Rehabilitation and Correction (ODRC) Assistant Director Michael Randle and Keith B. Key, President of Columbus-based KBK Enterprises, a real estate development company. ...

Settlement in Idaho Jail Condition Class-Action Suit

by Matt Clarke

On August 4, 2009, a consent decree was entered in a class-action lawsuit brought on behalf of jail prisoners with the help of the American Civil Liberties Union (ACLU) over conditions of confinement at the Canyon County Jail in Caldwell, Idaho. The defendants agreed to eliminate overcrowding ...

Wyoming’s Prison Industry Mushroom Farm Sold at Auction

by Matt Clarke

On October 15, 2009, the Wyoming Department of Corrections’ Wind River Mushroom Farm in Shoshoni was sold at auction for an undisclosed amount. The agricultural program, which began in 2004 as an $8 million public-private partnership that used state funds and federal loan guarantees, was once called ...

Settlement Promises Improvements at Baltimore City Jail

by Matt Clarke

On August 18, 2009, a settlement was reached in a class-action lawsuit over conditions of confinement at the Baltimore City Detention Center (BCDC). The lawsuit dates back to 1971 and had been on the federal district court’s inactive docket from 1999 until 2004 following a 1993 consent ...

Shortcomings Cited at Virginia’s Civil Commitment Facility

by Matt Clarke

The almost two-year-old, $62-million maximum-security Virginia Center for Behavioral Rehabilitation (VCBR) is still having start-up problems. Located in rural Nottoway County on 28 acres and opened in February 2008, VCBR is unable to retain staff and offers little in the way of rehabilitative treatment. The facility, which ...