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Articles by Matthew Clarke

Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her

by Matt Clarke

On February 26, 2026, the United States Court of Appeals for the Seventh Circuit upheld a jury’s finding of liability against an Illinois warden and prison investigator who used an unknowing prisoner as bait in an unsuccessful attempt to catch the counselor who was raping …

Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform

by Matt Clarke

Recent legislation has helped Texas Attorney General Ken Paxton (R) challenge federal court-ordered misdemeanor bail reform that expanded the availability of personal recognizance (PR) bonds.

Texas was never friendly toward PR bonds. The general rule was that, once arrested, you pay or you stay—in …

In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations

by Matt Clarke

On February 12, 2026, the Commissioners Court of Harris County, Texas, voted 3-1 to approve paying CGL Management Group, LLC, a justice-system consulting firm, $1.2 million to conduct a study of the county’s jail and produce two reports with carceral and noncarceral recommendations by the …

Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths

by Matt Clarke

On February 12, 2026, Texas Attorney General (TAG) Ken Paxton issued an opinion clarifying the scope of a statute requiring the Texas Commission on Jail Standards (TCJS) to appoint an outside agency to investigate the death of a prisoner in a county jail, § 511.021(a), …

D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process

by Matt Clarke

On February 11, 2026, a D.C. federal judge issued a preliminary injunction enjoining the Trump administration from transferring 20 federal prisoners whose death sentences had been commuted to life-in-prison by former President Joe Biden (D) in December 2024 to the supermax prison in Florence, Colorado …

Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide

by Matt Clarke

On January 6, 2026, the United States Court of Appeals for the Eighth Circuit reinstated a civil rights lawsuit brought by the parents of an Iowa jail detainee who committed suicide after reporting that he was in an acute mental health crisis with suicidal ideation.

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Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly

by Matt Clarke

Pregnant women in jails are a long-neglected and overlooked population. Federal law does not require detailed statistical tracking of jail pregnancies.

“What it symbolizes is that women who don’t count, don’t get counted,” said American College of Obstetricians and Gynecologists fellow Carolyn Sufrin, who …

Unsafe Drinking Water at Multiple Texas Prisons Highlights Lack of Transparency

by Matt Clarke

The Texas Civil Rights Project (TCRP) recently published “Unlocking Safe Water in Texas Prisons,” a report on the lack of transparency exhibited by the Texas Department of Criminal Justice (TDCJ) when it pumps and treats its own drinking water and apparent provision of unsafe drinking …

Fourth Circuit Holds Federal Prisoner Does Not Earn First Step Act Time Credits While in Transit Between Prisons

by Matt Clarke

On January 13, 2026, the United States Court of Appeals for the Fourth Circuit upheld the denial of a federal prisoner’s petition for a writ of habeas corpus claiming he was unlawfully denied time credits he was entitled to pursuant to the First Step Act …

Missouri Judge Heavily Sanctions DOC for “Deliberate Disregard for the Authority of This Court” in Suit Over Prisoner’s Suicide

by Matt Clarke

On January 6, 2026, a Missouri circuit court struck the defenses of the Missouri Department of Corrections (DOC) as a sanction in a lawsuit over the suicide of a DOC prisoner. The reason for the sanction was the failure of the Assistant Attorney General (AAG) …