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Articles by Matthew Clarke

Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan

 

by Matt Clarke

On October 7, 2025, the United States Court of Appeals for the Fifth Circuit upheld the dismissal of a Texas civil rights lawsuit challenging conditions of confinement at the Texas Civil Commitment Center (TCCC) in Littlefield, Texas.

Richard A. Dunsmore was …

Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit

On July 25, 2025, the United States Court of Appeals for the Sixth Circuit clarified what constitutes a “strike” for purposes of the Prison Litigation Reform Act’s (PLRA) “three-strikes” rule, 28 U.S.C. § 1915(g). See: Simmons v. Washington, 996 F.3d 350(6th Cir. 2021). …

Eighth Circuit Orders Preliminary Injunction Requiring Minnesota to Reinstate Program Teaching Biblical “Authentic Manhood”

On August 14, 2025, the United States Court of Appeals for the Eighth Circuit ordered the issuance of a preliminary injunction compelling the Minnesota Department of Corrections (DOC) to reinstate a program that teaches “authentic” manhood based upon biblical principles that the DOC said conflicted …

Eleventh Circuit Overturns 1990 Alabama Death Sentence Over Racially Biased Jury Selection; ACLU Report Shows It Is Still Happening

On June 30, 2025, the United States Court of Appeals for the Eleventh Circuit held that an Alabama prosecutor practiced purposeful discrimination in violation of federal law, clearly established by Batson v. Kentucky, 476 U.S. 79 (1986), when she used peremptory strikes in a racially …

Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions

The Institute of Justice (IJ) is helping two Texas women with master’s degrees in social work challenge a 2019 state law that bars anyone with a prior conviction involving the threat or use of force from ever receiving a license to practice in a healthcare profession, including social work. …

After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release

In May 2024, California federal District Judge Yvonne Gonzalez Rogers took the unusual step of writing a letter to numerous other judges who had sentenced women formerly incarcerated at Federal Correctional Institution Dublin and might be considering compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). In the letter, she …

Nebraska Supreme Court Clarifies Award of Time Served 
Credit for Non-Citizen Awaiting Extradition

On December 6, 2024, the Supreme Court of Nebraska clarified when a sentencing court is required to award credit for time served while incarcerated in a foreign country awaiting extradition. It held that crediting time served was mandatory provided the time was for the instant charge and had not …

Former Oregon Prison Guard Sergeant Sentenced 
for Sexually Abusing Imprisoned Women

As PLN has extensively reported, the Coffee Creek Correctional Facility (CCCF), Oregon’s only women’s prison, has been a decades long hotbed of staff sexual abuse. Oregon Department of Corrections (DOC) administrators have long known about the problem, which has been detailed in reports by independent groups, but have done …

Over One-Third of Older Texas Prisoners 
Suffering Cognitive Impairment

A recently published study of cognitive impairment (CI) among older prisoners held by the Texas Department of Criminal Justice (TDCJ) showed that over 35%—more than 1 in 3—suffered from some form of CI.

The study used a random and representative sample of 143 of the state’s 20,202 prisoners aged 55 and over at the time; their mean age was 61.3. Each participant took the Montreal Cognitive Assessment (MoCA), a screening tool which involved a 15-minute interview with a masters-level psychologist. The MoCA has “high sensitivity for the detection of MCI [mild cognitive impairment] and dementia, especially in persons with low formal education,” the study report noted. Scores under 23 indicated CI while those under 18 indicated dementia, under MoCA scoring guidelines. 

The results also showed that 9.1% of TDCJ participants “met the threshold for dementia.” Blacks, Hispanics and those suffering from serious depression “had a higher prevalence of a positive screen for MCI or dementia.” Alarmingly, only 15.4% of those who screened positive for dementia had a prior diagnosis of dementia in their medical records, indicating a severe under diagnosis of dementia among Texas prisoners.

This was the first look at CI in a randomized …

Kansas Supreme Court Revives Prisoner’s Challenge 
to Loss of Parental Rights

On September 6, 2024, the Supreme Court of Kansas held that a prisoner’s due process rights were violated when he was able only to observe his parental rights termination hearing via videoconferencing and was unable to testify or consult with his attorney during the hearing.

Federal prisoner “H.S.” …