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Articles by Matthew Clarke

Securus Hacked Again; Passwords, Personal Information, Location Data Compromised

by Matt Clarke

Some readers may recall how a hacker targeted Dallas, Texas-based Securus Technologies, a prison telecom company, resulting in the records of some 70 million phone calls made by over 63,000 prisoners being released on the Internet in November 2015. That incident revealed Securus was recording prisoners’ calls ...

Seventh Circuit Holds Heck May Not be Circumvented by Waiving Claims Related to Prison Disciplinary Punishment

by Matt Clarke 

On February 5, 2019, the Seventh Circuit Court of Appeals held that a prisoner cannot waive challenges to portions of his prison discipline to circumvent the requirements of Heck v. Humphrey, 512 U.S. 477 (1994) and Edwards v. Balisok, 520 U.S. 641 (1997). Rather, ...

Ohio County Pays $115,000 to Settle Second Suit Over Restraint Chair Pepper-Spraying

by Matt Clarke

On January 8, 2019, Montgomery County, Ohio agreed to pay $115,000 to resolve a federal civil rights lawsuit brought by a former jail prisoner who was pepper-sprayed while “largely strapped into” a seven-point restraint chair.

Charles Wade was being booked into the Montgomery County Jail on October ...

Report and Video of Arizona Prison Riot Released

by Matt Clarke

In December 2018, the Arizona Department of Corrections (ADC) released surveillance video of a major riot that occurred at the Arizona State Prison Complex-Yuma’s medium-security Cheyenne Unit on March 1, 2018. The ADC had previously issued a report on the disturbance, in which one prisoner was killed ...

Long-Term Recidivism Studies Show High Arrest Rates

by Matt Clarke 

Two reports on long-term recidivism among prisoners released from state and federal prisons showed very high arrest rates. The rate for state prisoners was 83% over a nine-year study period, while it was 39.8% for nonviolent and about 64% for violent federal prisoners over an eight-year ...

Kansas Federal Court Awards Prisoner $250,000 for Guard’s Excessive Force

by Matt Clarke 

On December 7, 2018, a federal district court awarded a Kansas Department of Corrections (DOC) prisoner $250,000 in a lawsuit over a guard’s excessive use of force. 

Wesley L. Adkins filed a pro se civil rights action after he was assaulted by DOC guard Marshal ...

Sixth Circuit Rejects Qualified Immunity for Jail Guard Accused of Sexual Abuse

by Matt Clarke

On February 15, 2019, the Sixth Circuit Court of Appeals upheld a district court’s denial of qualified immunity to an Ohio jail guard who allegedly ordered a prisoner to expose herself and masturbate for him.

Michele L. Rafferty and Katie L. Sherman were in the same housing ...

Prison Policy Initiative Issues Report on State of Prison Phone Justice

by Matt Clarke 

On February 11, 2019, the non-profit Prison Policy Initiative (PPI) issued a report on the “State of Phone Justice,” noting progress on reducing state prison phone rates but fewer reforms in local jails, where high rates and fees persist.

Since the Federal Communications Commission (FCC) ...

New Mexico Court Denies Motion to Dismiss Lawsuit Over Policy of Denying Transport to Medical Appointments During Lockdowns

by Matt Clarke

On December 7, 2018, a New Mexico federal district court denied a warden’s motion to dismiss a claim that his policy of denying transportation to off-site medical appointments during prison lockdowns delayed a prisoner’s medical treatment, resulting in serious injury.

Todd Jager was incarcerated at the Southern ...

New York: Liability Established in Claim Over Assault by Prison Guard

by Matt Clarke 

On November 28, 2018, a New York Court of Claims found the state liable in a claim filed by a prisoner over an assault by a prison guard.

Roy Harriger, 71, who walked with a cane, was serving a sentence at the Attica Correctional Facility for ...