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Articles by Matthew Clarke

Fifth Circuit Dismisses Female Immigration Detainees’ Sexual Assault Claims

Fifth Circuit Dismisses Female Immigration Detainees’ Sexual Assault Claims

by Matt Clarke

The Fifth Circuit Court of Appeals held on May 6, 2014 that federal employees responsible for overseeing immigration detainee contracts were entitled to qualified immunity even if they knew that female detainees were being transported by a single ...

Doctor of Death: Former Jail Physician Leaves Trail of Prisoner Deaths, Injuries

Doctor of Death: Former Jail Physician Leaves Trail of Prisoner Deaths, Injuries

by Matt Clarke

An Illinois doctor whose medical care – or lack thereof – was linked to the deaths of prisoners in multiple states has lost his license to practice medicine, has been fined at least $50,000 by ...

Second Circuit: Requiring Pretrial Detainees to Perform Forced Labor Unconstitutional; $15,000 Settlement on Remand

Second Circuit: Requiring Pretrial Detainees to Perform Forced Labor Unconstitutional; $15,000 Settlement on Remand

by Matt Clarke

On August 3, 2012, the Second Circuit Court of Appeals held it is unconstitutional to force a pretrial detainee to perform labor other than that associated with personal housekeeping chores.

Finbar Patrick McGarry ...

Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing

Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing

by Matt Clarke

While crime labs across the country have been in the news for improper testing of forensic evidence in criminal cases, the problem with misplaced and improperly destroyed evidence is much more widespread.

Not just crime labs, but local ...

$66,000 Jury Award in New Mexico CCA Sexual Abuse, Retaliation Case

$66,000 Jury Award in New Mexico CCA Sexual Abuse, Retaliation Case

by Matt Clarke

On November 15, 2012, a New Mexico federal jury awarded $66,000 to a woman formerly incarcerated at a prison operated by Corrections Corporation of America (CCA) who alleged she had been sexually assaulted by a Correctional ...

Exonerated Texas Prisoner’s Ex-Wife Not Entitled to Compensation

Exonerated Texas Prisoner’s Ex-Wife Not Entitled to Compensation

by Matt Clarke

In a May 12, 2014 opinion, a Texas Court of Appeals held that the former wife of a prisoner who spent over 24 years in prison was not entitled to a portion of the $2 million he received in ...

Illinois Prisoner Receives $12 Million Jury Award in Medical Neglect Suit

Illinois Prisoner Receives $12 Million Jury Award in Medical Neglect Suit

by Matt Clarke

n January 18, 2013, an Illinois federal jury awarded a state prisoner $12 million against an Illinois Department of Corrections (DOC) certified medical technician (CMT) who failed to provide anti-seizure medication, which caused the prisoner to ...

Kosher Meals Lawsuit Against Nevada DOC Dismissed

Kosher Meals Lawsuit Against Nevada DOC Dismissed

by Matt Clarke

On August 12, 2012, a Nevada federal district court approved a notice of proposed settlement in a class-action civil rights suit brought by a Jewish prisoner over the announced intent of the Nevada Department of Corrections (DOC) to stop providing ...

Federal Court Caseloads Threaten Constitutional Protections

Federal Court Caseloads Threaten Constitutional Protections

by Matt Clarke

Civil and criminal case filings in federal courts have grown dramatically over the past two decades, but at the same time the number of judges available to hear them has barely increased according to a report by researchers at Syracuse University. ...

Texas Sex Offender Oversight Agency Faces Investigations, Calls for Reform

Texas Sex Offender Oversight Agency Faces Investigations, Calls for Reform

by Matt Clarke

An increasing number of attorneys, legislators and prisoner advocacy groups are calling for reforms to Texas laws governing the civil commitment of sex offenders, with many warning that the state’s civil commitment program may be unconstitutional due ...