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Articles by Matthew Clarke

Minnesota Study Shows Prisoners Receiving Visits Have Lower Recidivism Rates

by Matt Clarke

A report describing a study by the Minnesota Department of Corrections (DOC) shows that prisoners who receive regular visits while in prison are 13% less likely to commit new felonies and 25% less likely to be technical violators of their release conditions. The study involved 16,400 DOC ...

Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal

by Matt Clarke

In an opinion filed on November 18, 2011, the Fifth Circuit Court of Appeals held that it had no jurisdiction over a Louisiana deputy's appeal from the denial of his motion for summary judgment based on qualified immunity in a civil rights suit involving denial of medical ...

Third Circuit: Non-Sex-Offender Prisoners Entitled to Due Process Before Prison Requires Sex Offender Treatment

by Matt Clarke

On October 4, 2010, the Third Circuit held that a prisoner who has not been charged with or convicted of a sex offense may not be compelled to participate in sex offender treatment unless the prison first provides due process.

Charles S. Renchenski was convicted of murdering ...

Department of Justice Reports on State and Federal Prisoners in 2009

by Matt Clarke

The Bureau of Justice Statistics of the U.S. Department of Justice has released a statistical report on prisoners under state and federal jurisdiction for the year ending on December 31, 2009. The report notes a slowing in the growth of prisoner populations with a 0.2% increase from ...

Failure to Record Disciplinary Hearing, Allow Adverse Witnesses in Alaskan Prison Disciplinary Hearing Violates Due Process

by Matt Clarke

On September 2, 2011, the Supreme Court of Alaska held that due process was violated when prison officials failed to record a prisoner's disciplinary hearing or allow him to call his accusers as witnesses.

Joseph James, an Alaskan state prisoner, was interviewed by grievance officer Carl Richey ...

Tenth Circuit: No Clearly-Established Right to Oklahoma Trust Fund Money

by Matt Clarke

On November 22, 2010, the Tenth Circuit Court of Appeals held that Oklahoma state prisoners had no clearly-established right to the funds in their trust fund accounts in 2007.

Herman T. Clark, an Oklahoma state prisoner, was sued by a woman he had been convicted of shooting. ...

Amid Improvements, Maricopa County Jail Medical Services Still Deficient

by Matt Clarke

Recent reports filed in a long-standing federal lawsuit against Sheriff Joe Arpaio over deficiencies in the medical and mental health care of prisoners in the Maricopa County jail system have cited both improvements and persistent deficiencies. Meanwhile, a little-known section in the new federal health care laws ...

Historic $45 Million Settlement in Washington State Prison Phone Class-action Suit

by Matt Clarke

In January 2013, A $45 million settlement was reached in a long-standing lawsuit that challenged the failure of prison phone service companies to provide rate information to people who accepted calls from prisoners in Washington State.

Previously, on February 23, 2012, a King County superior court had ...

$2.6 Million Jury Award for Prisoner Beaten in Los Angeles County Detox Cell

by Matt Clarke

On June 13, 2012, a federal jury awarded over $2.6 million to a man who was brutally assaulted by another prisoner while being held in a detoxification cell in a West Hollywood, California jail.

Jonathon Michael Castro was arrested late one evening for public drunkenness by Los ...

Fifth Circuit Reverses $659,300 Katrina-Related Jury Award

by Matt Clarke

In March 2012, the Fifth Circuit Court of Appeals reversed a $659,300 jury award in favor of two men who were arrested for public intoxication in New Orleans two days before Hurricane Katrina struck, and were then incarcerated for a month – sometimes under deplorable living conditions. ...