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Articles by Matthew Clarke

Sixth Circuit Reverses Dismissal of Jail Medical Indifference Suit

by Matt Clarke

On November 4, 2010, the Sixth Circuit Court of Appeals partially reversed the summary judgment granted to Michigan jail and medical personnel based on fatal deliberate indifference to a prisoner's serious medical needs.

Deceased former Muskegon County Jail prisoner Vernard A. Jones, Jr., was incarcerated in segregation ...

Department of Justice Releases Report on Prison and Jail Deaths 2000-2009

by Matt Clarke

The Bureau of Justice Statistics of the U.S. Department of Justice has released a report detailing the deaths of prisoner in U.S. jails and prisons covering the years from 2000 through 2009. The rate of prisoner deaths in jails declined from 151 per 100,0000 prisoners in 2000 ...

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 ...

Tenth Circuit Vacates Denial of Prisoner's Rule 60(b) Motion

by Matt Clarke

On November 29, 2011, the Tenth Circuit Court of Appeals vacated a district court's order denying the Rule 60(b) motion of a prisoner who had suffered serious medical complications and not timely received a court order to amend his complaint.

Douglas Burns, a Colorado state prisoner, filed ...

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 ...

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 ...

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 ...

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 ...

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. ...