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Articles by Matthew Clarke

Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing

by Matt Clarke

On June 14, 2023, the Supreme Court of Wisconsin held that a state prisoner must be given jail time credit on his sentence when the charge resulting in jail time was read in at his sentencing on another charge.

Michael K. Fermanich stole three trucks in Langlade ...

California Court of Appeal Reinstates Lawsuit by San Quentin Prisoner Over Botched Transfer That Sparked COVID-19 Outbreak

by Matt Clarke

On March 13, 2023, the California Court of Appeal for the First Appellate District reinstated a putative class-action lawsuit brought by a prisoner at San Quentin State Prison alleging a problematic prisoner transfer led to a severe outbreak of COVID-19 early in the pandemic.

As PLN reported, ...

In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway

by Matt Clarke

On May 19, 2023, the federal court for the Southern District of Illinois denied a state prison warden’s motion for summary judgment in a federal civil rights lawsuit over cell mold that caused a prisoner to suffer an infection and pneumonia. But when the pro se prisoner ...

Class Certified in Suit Alleging Overuse of Solitary Confinement in New York Prisons

by Matt Clarke

On September 11, 2023, class-action status was granted to a suit filed the previous April against the New York Department of Corrections and Community Supervision (DOCCS), accusing the prison agency of ignoring provisions of the Humane Alternatives to Long-term Solitary Confinement (HALT) Act, Correctional Law § 137(6)(k)(ii).

HALT ...

Eleventh Circuit Says Florida Prisoner Who Dismissed Complaint Cannot Be Assessed a “Strike” Under PLRA

by Matthew Clarke

The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, raises several barriers for prisoner litigants, not least being a “three strikes” provision that prevents indigent prisoners from having court fees waived by filing in forma pauperis if they have also had three prior cases dismissed because ...

Academics Find Prisoners Denied Access to Public Information

by Matt Clarke

On April 18, 2023, Loyola University’s College of Law published a paper detailing the ways prisoners are often denied access to public records that those not incarcerated can easily obtain. Professor Andrea Armstrong and Distinguished Professor of Law Dr. Norman C. Francis described how various state statutes ...

$3.25 Million Settlement Reached With Defendants Jailed in Missouri “Debtor’s Prison” for Unpaid Fines, Fees

by Matthew Clarke

On April 5, 2023, the federal court for the Eastern District of Missouri gave final approval to a $3.25 million settlement in a class-action lawsuit alleging the City of Maplewood improperly jailed defendants in a modern-day debtor’s prison simply because they were unable to pay fines, fees, ...

$2.125 Million Paid So Far for Virginia Prisoner’s Death from Treatable Aneurism

by Matt Clarke

On April 5, 2023, the federal court for the Eastern District of Virginia refused a motion for judgment as a matter of law, or in the alternative a new trial, made by defendant prison officials and their private medical contractor, Armor Correctional Health Services, in a civil ...

“Frozen in Solitude’’: Heat-Sensitive Texas Prisoners Get More Than Air Conditioning Locked Inside Former Segregation Cells

by Matt Clarke

After the Texas Department of Criminal Justice (TDCJ) settled a lawsuit over life-threatening excessive heat at the Wallace Pack Unit in 2018, it realized it needed to apply the suit’s heat-sensitivity criteria systemwide – and found a quick solution.

For years, officials had been moving prisoners out ...

$8.25 Million Verdict Against Former Colorado Sheriff for Detainee’s Sexual Assault During Jail Transfer

by Matt Clarke

On October 4, 2022, a federal jury in Colorado awarded $8.25 million to a woman taken by a former sheriff to his home and sexually assaulted as he was transporting her to another jail.

Peatinna Biggs, 46, who is developmentally disabled, was in custody of Sedgwick County ...