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Articles by Matthew Clarke

9-11 Detainees' Suit Survives Government's Motion to Dismiss

By Matthew T.Clarke

On. September 27, 2005, a federal district court in New York issued a
70-page, unpublished memorandum and order granting in part and denying in
part the defendants' motion to dismiss civil rights conditions-of
confinement claims brought by two 9-11 detainees.

Fhab Elmaghraby and Javaid Iqbal are Muslim ...

Texas Supreme Court Clarifies Tort Claim Act Notice Requirement

by Matthew. T. Clarke


The Supreme Court of Texas has held that an accident investigation by a
governmental under certain circumstances, suffice for the notice
required by the Texas Tort Claims Act, § 101.101, Texas Civil Practice and
Remedies, bode. It also held that failure to give notice is not ...

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. ...

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 ...

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 ...