Skip navigation

Articles by Matthew Clarke

Second Circuit Upholds $36 Million Jury Award, $5 Million in Fees in Wrongful Conviction Case

by Matt Clarke

On January 19, 2017, the Second Circuit Court of Appeals upheld the award of $36 million in damages and nearly $5 million in attorney fees to two New York men who were wrongly convicted of rape and murder, and spent 18 years in prison.

In January 1985, ...

Tenth Circuit Reinstates Suit over Failure to Provide Medical Treatment to Oklahoma Arrestee/Prisoner

by Matt Clarke

On January 23, 2017, the Tenth Circuit Court of Appeals reversed in part a district court’s grant of summary judgment to an Oklahoma state trooper and jailers who failed to obtain medical care for a prisoner after mistaking a brain injury for intoxication. An amended appellate ruling ...

New York Jail Agrees to End Solitary Confinement of Juveniles

by Derek Gilna and Matt Clarke

Jail officials in Syracuse, New York have agreed to end solitary confinement for 16- and 17-year-old juvenile offenders held at the Onondaga County Justice Center under the terms of a June 26, 2017 settlement that ended a federal class-action suit filed by the New ...

Seventh Circuit: Corizon May be Liable for Failure to Coordinate Medical Care

by Matt Clarke

On February 21, 2017, the Seventh Circuit Court of Appeals, in an en banc ruling, held that Correctional Medical Services, Inc. (now known as Corizon Health) may be held liable for deciding not to centrally coordinate medical services for prisoners.

Prior to his incarceration, Indiana state prisoner ...

Ninth Circuit Denies Immunity to Police Officers, Jailers for Prisoner’s Death

by Matt Clarke

On December 30, 2016, the Ninth Circuit Court of Appeals upheld the denial of qualified immunity to two Phoenix police officers and two Maricopa County jail guards in a civil rights case alleging they beat a prisoner to death.

When mentally ill U.S. Army veteran Ernest “Marty” ...

Eighth Circuit Reverses Finding of Due Process Violations in Minnesota Civil Commitment Program

by Matt Clarke

On January 3, 2017, the Eighth Circuit Court of Appeals handed down an opinion that reversed a district court’s finding of substantive due process violations in a civil rights complaint brought by civilly committed sex offenders in Minnesota.

In the class-action suit, sex offenders who had been ...

$100,000 Damages Award in Jail Slip-and-Fall Upheld

Westboro Baptist Church Members Continue to Work in Corrections

by Matt Clarke

Fred W. Phelps, Sr., 85, was widely known as the founder and leader of the Westboro Baptist Church in Topeka, Kansas – a cult-like group that practices hate speech at the most inappropriate venues, including funerals for soldiers killed in combat. The church, which has no relation ...

Colorado Narrowly Rejects Ballot Measure to End Slavery as Punishment for Crime

by Matt Clarke

In November 8, 2016, Colorado voters rejected a ballot measure that would have amended the state constitution to remove 140-year-old language allowing slavery and involuntary servitude as punishment for crime. The removal of the exception to the constitution’s general prohibition against slavery and involuntary servitude was rejected ...

The Elusive Dream: Closing Rikers Island

by David M. Reutter and Matt Clarke

New York City’s Rikers Island, one of the nation’s largest jails, has a notorious history of violence – both by guards and prisoners. City leaders have long sought to solve the problem that Rikers poses, but resistance by local residents to housing prisoners ...