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Work Release Prisoners Employees for FLSA Purposes by The U.S. Court of Appeals for the Fifth Circuit held gnat prisoners in a work release program were "employees" under the Fair Labor Standards Act (FLSA) and that their rights under the 13th Amendment (which forbids slavery and involuntary servitude) were not …
Muslim Prisoners' Right to Jumu'ah Denied by The U.S. District Court of New Jersey held that minimum security Muslim prisoners working outside a prison perimeter did not have a compelling right to be off work on Friday afternoons to attend Jumu'ah services, a form of Muslim congregational worship. Ahmad Uthman …
Article • May 15, 2007
Washington Prisoner Receives $17,500 for Work Detail Needle Stick by On April 26, 2002, in the King County Superior Court, the Washington State Department of Corrections agreed to pay $17,500 to settle a lawsuit brought by a prisoner who was stuck with a dirty hypodermic needle while on a work …
Article • May 15, 2007
Minimum Wage Provisions Apply to Prisoners Employed by Community College by The Second Circuit Court of Appeals held that the status of being a prisoner does not exclude the prisoner from being entitled to minimum wage for employment services by non-prison employers. This action was filed by a New York …
Georgia Sheriff Sues Over Using Prisoner Labor by A Georgia federal district court has found that the defendants in a 42 U.S.C. § 1983 action alleging claims of (1) bad faith prosecution; (2) arrest without probable cause; (3) deprivation of liberty without due process; (4) unlawful search and seizure of …
Article • May 15, 2007
Filed under: Work, Prison Labor
Prisoner Union Entitled to Protection by A North Carolina federal district court held that prisoners may solicit membership into a prisoner "labor union." This action was filed by the North Carolina Prisoners Labor Union, challenging a prison regulation that prohibited prisoners from soliciting membership into the union. The district court …
Article • May 15, 2007
No Parole Violation for Working with Ex-Prisoners by The U.S. Supreme Court held that a parolee's work at a business that employed other ex-convicts did not provide "satisfactory evidence" of a parole violation. After his parole was revoked, a federal prisoner filed a writ of habeas corpus which was denied …
Article • May 15, 2007
Muslim Prisoners' Allegation Of Forced Pork Handling States Claim by In this brief opinion, the U.S. Fifth Circuit Court of Appeals held that Muslim prisoners who brought a civil rights suit against prison officials for allegedly forcing them to handle pork stated a claim upon which relief could be granted. …
FL Country Club Settles For $475,000 With Golf Cart Driver by On August 6, 2002, Joseph Gautette was driving a golf cart at the Cobblestone Country Club in Stuart, Florida. He was injured when he collided with a maintenance vehicle being driven by a prisoner in a work release program. …
Article • May 15, 2007
$1,500 Awarded in Negligence Suit for MA Prisoner's Work Injury by $1,500 Awarded in Negligence Suit for MA Prisoners Work Injury While performing his prison job at Massachusetts' MCI Concord, Thomas Collier was instructed to clean vents in the prison's kitchen. He was given de-greaser, which he sprayed on the …
Florida Prisoner's Respiratory Injury Nets $112,000 by A 32-year-old female Florida prisoner sued the Department of Corrections (DOC) after she suffered respiratory dysfunction from inhaling chlorine gas while changing a chlorine cylinder at her prison's water/sewage treatment plant. Because she was not trained or certified to perform the work assigned …
Article • May 15, 2007
Burned Foot Nets $9,000 for Florida Jail Prisoner by While incarcerated at Florida's Volusia County Jail in March 1993, the prisoner plaintiff in this case was working in the jail's kitchen, which was operated by Szabo Correctional Services. Boiling water from the steam kettle spilled onto the prisoner's right foot, …
BOP Work Injuries Not Cognizable Under FTCA by A federal prisoner in California who alleged his pre-existing knee injury was exacerbated by prison officials' delay in providing medical treatment could not pursue a Federal Tort Claims Act suit because the re-injury occurred while he was at work and the Prison …
South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury by South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury In December 1997, a Horry County, South Carolina, prisoner was awarded $2,000 in mediation for injuries he sustained while working at a county landfill. The prisoner claimed …
Arkansas Field Death Suit Dismissed by The decedent died of heat exhaustion on his first day on the hoe squad (on November 6, mid-afternoon temperature 72 degrees). Although overweight, he had been medically cleared for the work detail; there were hourly breaks for rest, water, and smoking; there was no …
Exposure to Smoke, Retaliatory Discipline and Dish Washing Claims Dismissed by Complaints of "sporadic and fleeting" exposure to second hand smoke on bus rides were properly dismissed as frivolous absent "competent evidence that [the plaintiff's] intermittent exposure to smoke during bus rides was an unreasonable risk to his health." (498) …
Article • April 15, 2007 • from PLN April, 2007
Early Release Debacle Prompts Nevada Prison Director’s Resignation by Matthew Clarke Early Release Debacle Prompts Nevada Prison Director's Resignation by Matthew T. Clarke Jackie Crawford, director of the Nevada state prison system since May 2000, announced her resignation from the $116,000-a-year position on September 15, 2005. The announcement cited health …
Article • April 15, 2007 • from PLN April, 2007
Prisoners In 13 States Allowed Work-Access To Social Security Numbers by John Dannenberg by John E. Dannenberg The U.S. Office of the Inspector General (OIG) reported that prisoners in thirteen states had access to Social Security numbers (SSNs) during the course of their prison employment. Following a nationwide survey, the …
“To Get Stuff and Sell It for As Much As We Can Get”: Federal Prison Industries and Electronics Recycling by Aaron Shuman "To Get Stuff and Sell It for As Much As We Can Get": Federal Prison Industries and Electronics Recycling by Aaron Shuman In recent months, UNICOR Recycling has …
Article • March 15, 2007 • from PLN March, 2007
ARE YOU IN A PRISON WORK PROGRAM HANDLING TOXIC ELECTRONICS? by At Silicon Valley Toxics Coalition and the Prison Activist Resource Center we have been working to end the exposure to toxics of people working in electronic recycling programs in prison, particularly in UNICOR work programs within the Federal Prison …
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