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Second Circuit: Requiring Pretrial Detainees to Perform Forced Labor Unconstitutional; $15,000 Settlement on Remand
Loaded on April 9, 2015
by Matthew Clarke
published in Prison Legal News
April, 2015, page 38
Filed under:
Prison Labor.
Location:
Vermont.
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.
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More from this issue:
- $1.56 Million Settlement for Texas Jail Death Due to Drug Withdrawal, by Matthew Clarke
- Pharmacist Associations Take Stand Against Death Penalty, by Greg Dober
- Crime Labs Still in Crisis, by Matthew Clarke
- The Spread of Electronic Monitoring: No Quick Fix for Mass Incarceration, by James Kilgore
- News in Brief
- Maine Jail Raises Pigs to Feed Prisoners, Expands Organic Farm
- Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement, by Mark Wilson
- Nebraska Supreme Court Upholds One-Hour Law Library Access, by Mark Wilson
- New York: Companies Settle Claims for Discriminating against Ex-Felons, by Gary Hunter
- California Supreme Court Restricts Life Without Parole Sentences for Juveniles
- Deferred Sentence Completion Automatically Restores Civil Rights in New Mexico, by Mark Wilson
- Seventh Circuit Reinstates Prisoner’s Eighth Amendment Suit; $26,875 Settlement on Remand, by Lonnie Burton
- Dismissal of Challenge to Texas City’s Sex Offender Restrictions Reversed, by Matthew Clarke
- Oregon Courts Must Give Notice before Amending Judgment, by Mark Wilson
- Civilly Committed Sex Offenders Increasingly Released in Wisconsin, by Matthew Clarke
- Lawsuit Over Suicide of Oregon Prisoner Settles for $100,000, by Mark Wilson
- Reading Death Row Prisoner’s Legal Mail States Sixth Amendment Claim, by David Reutter
- Third Circuit: No Supervisory Qualified Immunity for Prisoner Suicide, by Mark Wilson
- $345,000 Settlement in Michigan Detainee’s Suicide, by David Reutter
- Book Review: Abolishing the Broken U.S. Juvenile Justice System, by Hannah K. Gold
- San Antonio, Texas Leads the State in Jail Suicides, by Matthew Clarke
- Dismissal of Wrongfully Convicted Prisoner’s Fabricated Evidence Claims Upheld on Appeal, by David Reutter
- New York Settles Wrongful Conviction Claim for $2.7 Million, by Michael Brodheim
- Tasering Detainee as Corporal Inducement Violates Eighth Amendment, by David Reutter
- Video Shows Tulsa Jail Prisoner Subjected to “Horrific” Treatment Prior to Death
- Fifth Circuit Dismisses Female Immigration Detainees’ Sexual Assault Claims, by Matthew Clarke
- Overdose, Taser and Restraint Chair Combine to Kill Washington Prisoner
- $12,500 Settlement for Pennsylvania Prisoner Denied Medication, by David Reutter
- Report Highlights Health Concerns Related to Coal Ash Dump at Pennsylvania Prison, by David Reutter
- Locked Down, Locked Out: Why Prison Doesn’t Work and How We Can Do Better, by Maya Schenwar, by Gary Hunter
- Doctor of Death: Former Jail Physician Leaves Trail of Prisoner Deaths, Injuries, by Matthew Clarke
- Oregon Prison Guard Union Sues Mentally Ill Prisoners
- Second Circuit: Requiring Pretrial Detainees to Perform Forced Labor Unconstitutional; $15,000 Settlement on Remand, by Matthew Clarke
- Washington Enacts Wrongful Conviction Compensation Law; County Reneges on $10.5 Million Settlement with Exonerated Prisoners
- Second Circuit Affirms Muslim Prisoner’s Right Not to Drink Water during Ramadan, by Lonnie Burton
- New York Appellate Court Reverses Dismissal of Rikers Island Wrongful Death Suit, by David Reutter
- Unauthorized Oregon “Offense Surcharges” Reversed, by Mark Wilson
- Oregon: State Must Prove Defendant’s Ability to Pay Attorney Fees, by Mark Wilson
- Sixteen Maryland Prison Guards Sentenced for Severely Beating Prisoner
- Forty Defendants, Including 24 Guards, Convicted in Widespread Corruption Scandal at Baltimore City Jail, by Christopher Zoukis
- Maryland Cannot Compel Retroactive Sex Offender Registration
- Unexhausted Oregon Parole Claims Not Cognizable, by Mark Wilson
- Philadelphia Traffic Court Abolished; Seven Judges Convicted
- California Prisoner’s Conviction for Smuggling Tobacco Overturned, by Lonnie Burton
- Tenth Circuit Misses Chance to Limit Long-Term Solitary Confinement, by Derek Gilna
- Tennessee County Not Required to Pay for Medical Costs after Prisoner’s Release, by David Reutter
- From the Editor, by Paul Wright
- Lost and Improperly Destroyed Evidence Thwarts Post-Conviction DNA Testing, by Matthew Clarke
More from Matthew Clarke:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
More from these topics:
- Washington DOC Barred from Putting Prisoners on Lockdown and Calling It “Programming”, Sept. 1, 2026. Prison Labor, Liberty Interests, Notice of Rules, Lockdowns, Statutory Construction/Interpretation.
- New ICE Detention Standards Appear Designed to Help GEO Group Avoid Paying Wages, Sept. 1, 2026. GEO Group/Wackenhut, Contractor Misconduct, Prison Labor, Immigration Detention.
- New Commission to Investigate Death and Abuse of 230 Black Children at Segregated Maryland Reformatory, Sept. 1, 2026. Racial Discrimination, Prison Labor, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Juvenile Prisons.
- The GEO Group Pays California $104,510 to Settle Workplace Safety Charges at ICE Detention Facility—Where Local Cops Won’t Investigate Crimes, Sept. 1, 2026. GEO Group/Wackenhut, Contractor Misconduct, Prison Labor, Work Conditions/Safety, Police/Govt Misconduct.
- Oklahoma Prisoners Made Political Calls for Conservative Super PAC, Sept. 1, 2026. Prison Industries, Prison Labor, Work Conditions/Safety, Elections.
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026. Prison Labor, Control Units/SHU/Solitary Confinement, Statutory Construction/Interpretation, Immigration Detention, Monell Liability.
- SCOTUS Shuts Down GEO Group Bid for Immunity in Suit by Colorado ICE Detainees, July 1, 2026. GEO Group/Wackenhut, Prison Labor, Sovereign Immunity, Interlocutory Appeals, Immigration Detention.
- Colorado Ordered to Stop Tossing Prisoners in Solitary for Refusing to Work, July 1, 2026. Prison Labor, Injunctions, Good Time, Constitution, state, Administrative Detention/Segregation.
- Federal Judge Upholds Infamously Brutal Farm Labor at Angola Prison, June 1, 2026. Racial Discrimination, Prison Labor, Exposure to Heat, Cruel and Unusual Punishment, Deliberate Indifference.
- Constitutional Challenge to Louisiana Prison “Farm Line” Granted Class Certification, March 1, 2026. Prison Labor, Exposure to Heat, Injunctions (PLRA), Class Certification, Americans with Disabilities Act.

