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Articles by Matthew Clarke

Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch

Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch

by Matt Clarke

The Seventh Circuit Court of Appeals has affirmed the dismissal of a prisoner’s lawsuit over his placement on suicide watch and in administrative segregation.

Daryise L. Earl, a Wisconsin prisoner, filed a civil rights action pursuant ...

Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company

Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company

by Matt Clarke

In a July 9, 2013 opinion, the Fifth Circuit Court of Appeals held that the statute of limitations in a federal lawsuit against a manufacturer of cell door locks at a county jail, brought ...

Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification

Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification

by Matt Clarke

On September 11, 2013, the Massachusetts Supreme Court held that a prisoner who had been convicted of a sex offense, then given a level three classification by the Sex Offender Registry Board (SORB) due ...

New Report Cites Fewer HIV-Positive State and Federal Prisoners

New Report Cites Fewer HIV-Positive State and Federal Prisoners

by Matt Clarke

A recent study revealed that the number of HIV-positive prisoners in both state and federal facilities nationwide is declining and, for the first time, the AIDS mortality rate for prisoners has fallen below the national average among the ...

Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy

Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy

by Matt Clarke

On May 8, 2013, the Texas Court of Criminal Appeals held that a probationer’s term of community supervision cannot be revoked because he had refused to answer incriminating questions while taking a lie ...

Report: Prisons in Honduras are Dangerous, Violent and Corrupt

Report: Prisons in Honduras are Dangerous, Violent and Corrupt

by Matt Clarke

When a February 2012 fire at a prison in Comayagua, Honduras killed 361 prisoners after guards abandoned their posts – leaving the prisoners to die in their cells – there was hope that the resulting international attention focused ...

Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee

Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee

by Matt Clarke

In a case involving the death of a pretrial detainee due to lack of medical treatment, the Fifth Circuit Court of Appeals upheld a district court’s order granting qualified immunity to a contract doctor at ...

Heat-related Deaths in Texas Prisons Lead to Lawsuits, Reluctant Changes

Heat-related Deaths in Texas Prisons Lead to Lawsuits, Reluctant Changes

by Matt Clarke and David M. Reutter

Prisoners across the nation are currently experiencing the oppressive heat of summer – particularly in the Southern states. Those incarcerated in Texas, however, have not just been sweating due to high temperatures. They ...

CCA Guard Killed During Riot was on Prisoners’ “Hit List”

CCA Guard Killed During Riot was on Prisoners’ “Hit List”

by Matt Clarke

A federal lawsuit filed by the family of a guard murdered during a riot at a Mississippi facility claims that prison officials knew the guard was on a “hit list” compiled by prisoners when he was called ...

Despite Reforms, Juvenile Offenders in Texas Remain Endangered

Despite Reforms, Juvenile Offenders in Texas Remain Endangered

by Matt Clarke

Two studies by the LBJ School of Public Affairs at the University of Texas at Austin found that juveniles held in Texas jails while awaiting trial as adults are often isolated with no access to education programs, and that ...