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Articles by Matthew Clarke

Due Process Mandatory Before Texas Requires Sex Offender Registration for Crimes not Covered by Statute

by Matt Clarke

On August 8, 2017, a Texas federal district court determined that requiring a person on community supervision to register as a sex offender for a crime not covered by the Texas Sex Offender Registration Act, Art. 62.001 et seq., Texas Code of Criminal Procedure, without first affording ...

Indiana County Settles Jail Guard’s ADA/Discrimination Suit for $150,000

by Matt Clarke

In July 2017, an Indiana county settled a civil rights lawsuit brought by former jail guard Michael A. Jones that included claims under the Americans with Disabilities Act (ADA). The suit alleged the jail refused to accommodate post-traumatic stress disorder (PTSD) resulting from his finding a prisoner ...

Court Certifies Class of Missouri Prisoners Denied Hepatitis C Treatment

by Matt Clarke

On July 26, 2017 (two days before World Hepatitis Day), the ACLU of Missouri and the MacArthur Justice Center (MJC) announced the certification of a class of Missouri Department of Corrections (MDOC) prisoners who have been denied treatment for hepatitis C (HCV) under the prevailing standard of ...

Seventh Circuit Affirms Denial of Qualified Immunity in Jail Suicide Suit

by Matt Clarke

On July 26, 2017, the Seventh Circuit Court of Appeals affirmed a Wisconsin federal district court’s denial of qualified immunity to a jail guard and privately-contracted nurse after they ignored a prisoner’s risk assessment indicating a maximum risk of suicide.

Ryan L. Clark’s breath test showed he ...

Iowa Prison Officials Drop Disciplinary Sanctions in Controversial Case

by Matt Clarke

In 2009, Iowa state prisoner Joe Byrd was accused of participating in a prison gang rape along with four other prisoners. He not only asserted his innocence, but steadfastly maintained that the crime never happened. After a seven-year battle over disciplinary charges, the Iowa Department of Corrections ...

Fifth Circuit Reinstates Denial of Medical Care Suit Against Texas County Jail

by Matt Clarke

On June 15, 2017, in an unpublished ruling, the Fifth Circuit Court of Appeals reinstated a lawsuit brought by a former jail prisoner alleging he was denied adequate medical care at the Nueces County jail in Corpus Christi, Texas.

When Adam A. Balle was arrested by two ...

Massachusetts: State Court Officers May Not Enforce Immigration Detainers

by Matt Clarke

On July 24, 2017, a Massachusetts court held that state law provides no authority for court officers to arrest and hold an individual, solely on the basis of a federal civil immigration detainer, beyond the time he or she would otherwise be entitled to release.

Sreynuon Lunn ...

As Prison Populations Drop, Several States Close Facilities

by Dale Chappell and Matt Clarke

Connecticut has closed another prison as the state Department of Correction’s population continues to fall. Officials confirmed that Enfield Correctional Institution, a 700-bed medium-security facility, closed in January 2018.

State officials cited falling crime rates, demographic trends and sentencing reform for the decline in ...

ACLU Sues Nebraska Over Unconstitutional Prison Conditions

by Matt Clarke

On August 16, 2017, the ACLU of Nebraska, ACLU National Prison Project, Nebraska Appleseed, National Association of the Deaf and two law firms, DLA Piper and Rosen Bien Galvan & Grunfeld LLP, filed a federal class-action suit against the Nebraska Department of Correctional Services (NDCS), Nebraska Board ...

Ninth Circuit Reinstates Lawsuit Over Snitch Jacketing

by Matthew Clarke

On October 24, 2107, the Ninth Circuit Court of Appeals reinstated a lawsuit brought by a federal prisoner who complained that prison authorities were deliberately indifferent to her safety and violated the Privacy Act, 5 U.S.C. § 552a, by identifying her as an informant to other prisoners. ...