Skip navigation

Articles by Matthew Clarke

Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim

by Matt Clarke

On September 20, 2024, the United States Court of Appeals for the Eighth Circuit held that a prisoner’s consensual sexual encounters with a guard cannot, as a matter of law, constitute the pain required to sustain a claim under the Eighth Amendment. Though a blow …

TDCJ to Run Out of Beds in 2025

by Matt Clarke

The Sunset Advisory Commission, an oversight body for Texas government agencies, published a 189-page report in September 2024 that found persistent critical staffing shortages are making Texas Department of Criminal Justice (TDCJ) prisons unsafe for staff and prisoners alike. In fact, some guards and parole …

“Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border

by Matthew Thomas Clarke

On July 2, 2024, the federal court for the District of Arizona approved settlement of a lawsuit brought against the United States by former immigration detainees under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b)(1), 2671, et seq., for separating them from …

DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons

by Matt Clarke

"People are assaulted, stabbed, raped and killed or left to languish inside facilities that are woefully understaffed,” lockups where “[i]nmates are maimed, tortured, relegated to an existence of fear, filth and not-so-benign neglect.”

So began a scathing 93-page report published by the Civil Rights …

Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal

by Matt Clarke

On August 16, 2024, the United States Court of Appeals for the Sixth Circuit upheld the verdict and jury award of $6.4 million in compensatory damages against three nurses who worked for Corizon Health when it held the contract to provide healthcare at Michigan’s Kent …

En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment

by Matt Clarke

On July 18, 2024, the United States Court of Appeals for the Fifth Circuit reversed an earlier holding by a three-judge panel of the Court, which found that § 241 of the Mississippi Constitution was unconstitutional. That’s the portion of the state’s Constitution that disenfranchises …

USDC (D. Oregon), Case No. 6:22-cv-00451

by Matt Clarke

On June 5, 2024, the Oregon Department of Corrections (DOC) filed a notice of settlement in court indicating that it paid $135,000 to settle a prisoner’s lawsuit accusing a guard of intentionally allowing other prisoners into his cell so they could assault him.

In …

Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges

by Matthew Thomas Clarke

On June 17, 2024, the U.S. Court of Appeals for the Eighth Circuit decided a civil rights complaint brought by former St. Louis jail detainee Michael Jones, who was held eight months longer after his charges were dismissed. Despite the outrageous government conduct in …

Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration

by Matt Clarke

In June 2024, the nonprofit Prison Policy Initiative (PPI) ranked world incarceration rates as if each state in the United States was a separate country. The shocking but sadly unsurprising result: All states placed near the top of the list, with incarceration rates that far …

DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees

by Matt Clarke

On July 11, 2024, the U.S. Department of Justice (DOJ) approved an agreement with Michigan’s Wayne County that promised to improve conditions at its jail in Detroit for prisoners with physical and mental disabilities. The County also agreed to hire an expert consultant to assist …