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Articles by Matthew Clarke

Fifth Circuit Holds Court May Compel Attorney to Represent Indigent Prisoner

In a November 13, 2015 ruling, the Fifth Circuit Court of Appeals held a district court may compel a lawyer to represent an indigent prisoner challenging prison conditions.

Mario Naranjo was incarcerated at the Reeves County Detention Center in Texas when he filed a lawsuit pursuant to 42 U.S.C. § ...

Prisoner Suicides and Attempts Increasing in Texas

The Texas Department of Criminal Justice (TDCJ) reported a 40% increase in suicides between 2008 and 2014. As of September 2015, the average number of suicide attempts in Texas prisons each month had jumped 28% from 81.7 attempts per month in 2014 to 104.5 attempts per month during the first ...

Fifth Circuit: Staff Misleading Prisoner about Grievance Process Excuses Failure to Exhaust

On August 17, 2015, the Fifth Circuit Court of Appeals held that a Texas prisoner’s failure to fully exhaust administrative remedies was excused because jail staff had misled him about grievance procedures.

Grady Allen Davis was being held at the Dallas County Jail when guards allegedly used excessive force against ...

Defense Attorneys Seek Access to DNA-Matching Software’s Source Code

TrueAllele DNA testing software has been employed in hundreds of criminal cases around the country since 2009. The software is used to analyze evidence containing mixtures of genetic material and determine whether it contains a match to a suspect or DNA archived in a database. A similar DNA testing program, ...

Texas District Attorney and Prosecutor Accused, Cleared of Misconduct

In June 2015, the State Bar of Texas initiated disciplinary actions against Fort Bend County District Attorney John Francis Healey, Jr. and Assistant District Attorney Mark Harold Hanna. The disciplinary petitions filed by the State Bar Commission for Lawyer Discipline alleged Healey had delayed notifying Jacob Estrada, a state prisoner ...

Jailers in California, Georgia Acquitted of Abusing Prisoners

In unrelated cases, jail guards charged with abusing prisoners were acquitted of the most serious charges filed against them in California and Georgia.

Former jail deputies Christopher Johnson and Robert Kirsh were acquitted by a federal jury on the most serious charges stemming from an assault on prisoner Charles Alonzo ...

Tragic Justice: Wrongfully Convicted Prisoners Die Shortly After Exoneration

For many people who are wrongfully convicted, being arrested for a crime they did not commit is just the first in a series of tragic events. If the arrest is traumatic, then their conviction and often lengthy incarceration is heart-rending.

But such events merely set the stage for what happens ...

Federal Court Certifies Class in Texas Prison Excessive Heat Lawsuit

On January 22, 2016, a federal district court in Texas certified a class and two subclasses, and appointed class counsel, in a lawsuit challenging excessive heat at a state prison.

Keith Cole, Ray Wilson, Jackie Brannum, Dean Mojica, Richard King, Fred Wallace and Marvin Ray Yates are Texas prisoners incarcerated ...

Escape is Latest Problem at Troubled Privately-run Texas Jail

In October 2015, Phillip Henry Freeman disappeared from the Liberty County Jail near Houston, Texas. He was recaptured living in a wooded area in Arkansas in late January 2016. His escape was the latest in a slew of problems at the 281-bed facility, which is operated by New Jersey-based Community ...

Fourth Circuit Reverses Dismissal of FTCA Failure-to-Protect Suit

On December 29, 2015, the Fourth Circuit Court of Appeals reversed the dismissal of a lawsuit alleging federal prison officials had failed to properly search prisoners who were placed in a recreation cage where they assaulted and repeatedly stabbed another prisoner.

Federal prisoner Joshua Rich was incarcerated in the Special ...