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Second Circuit Rejects Prison FLSA Claim, Modifies Standard by [Editor's Note: The following article is the first of a three part series on prison slave labor. The other two articles will appear in the next two issues of PLN.] The court of appeals for the second circuit held that the …
Brief • January 28, 1997
Filed under: Chain Gangs
Austin v. James, AL, Recommendation, Chain Gangs, 1997 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MICHAEL A. AUSTIN, RICHARD ELLIOT, OGIE HAYES, CHARLES GUESS, WARREN LEATHERWOOD, and KERVIN GOODWIN, individually and on behalf of all others similarly situated, FILE JAN 2 …
Article • November 15, 1996 • from PLN November, 1996
Filed under: Work, Prison Industries
Prison Labor and Private Profit by Adrian Lomax Wall Street wheeler-dealer Irwin Jacobs, known as "Irv the Liquidator" for his leveraged-buyout exploits in the 1980s, is always looking to turn a profit. One of his current business ventures refurbishes and repackages items that customers have returned to retail stores. When …
Article • October 15, 1996 • from PLN October, 1996
Filed under: Work, Prison Industries
UNICOR Hogs Body Armor Market by Dan Pens In the July '96 issue of PLN we published "Furniture Manufacturers Threatened by UNICOR," an article about how Federal Prison Industries, Inc. (FPI, which uses the trade name UNICOR), dramatically expanded its "market share" of furniture sold to the military and government …
No FLSA Protection for Work Release Prisoners by The court of appeals for the fifth circuit held that neither the Federal Fair Labor Standards Act (FLSA) nor Louisiana law offered relief to a work release prisoner challenging a contractual provision requiring he contribute ten percent of his net earnings to …
Alleged Work Refusal Requires Trial by The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Work, Prison Industries
Texas Prisoners Build Their Own Cages by Texas increased its prison population over the past ten years from 37,000 to a soon-to-be 145,000. At one point, the lack of prison space kept a backlog of 35,000 state prisoners in county jails. All told, the state paid more than $650 million …
Article • September 15, 1996 • from PLN September, 1996
Asbestos Exposure Violates Eighth Amendment by The court of appeals for the ninth circuit held that exposing prisoners to asbestos violates the eighth amendment. Clarence Wallis is an Oregon state prisoner assigned to a cleanup crew. His work detail was ordered to remove asbestos hanging off pipes, without any type …
Article • September 15, 1996 • from PLN September, 1996
Job Denial Based on HIV Status May Violate ADA by A federal district court in Florida held that a jail's denial of trustee status to an HIV+ prisoner would violate the Americans with Disabilities Act (ADA) 42 U.S.C. 12131. Johnnie Dean was held in the St. Lucie County jail when …
Article • August 15, 1996 • from PLN August, 1996
VitaPro Update by Over the past year PLN has published several articles about events revolving around a $33.7 million contract between the Texas Department of Criminal Justice (TDCJ) and Canadian-based VitaPro Foods, Inc. Since our last report, several developments have come to light. The Austin American-Statesman reported that Montreal businessman …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Work, Chain Gangs, Settlements
Settlement Reached in Alabama Chain Gang Suit by A year after Alabama became the first state in the nation to revive the use of chain gangs, state officials have agreed to end the practice permanently. As this issue goes to press details are sketchy and it is unclear whether the …
Muslim Can't Be Punished for Refusal to Handle Pork by The court of appeals for the eighth circuit held that a district court erred when it granted prison officials qualified immunity for punishing a Muslim prisoner who refused to handle pork. Roosevelt Hayes is an Arkansas state prisoner and a …
Article • July 15, 1996 • from PLN July, 1996
Minnesota Prisoners Strike for Minimum Wage by [The March 21 issue of Workers World reported that "a struggle exposing super-exploitation of prison labor has broken out at the Oak Park Heights Correctional Facility in Minnesota." The following account is excerpted from that article. Readers may note that Minnesota prisoners have …
Article • July 15, 1996 • from PLN July, 1996
Filed under: Work, Prison Industries
Furniture Manufacturers Threatened by UNICOR by Small furniture manufacturers say they could be driven out of business by a rival they simply can't compete with: the government-owned Federal Prison Industries, Inc. (FPI). The corporation uses the trade name UNICOR and "employs" prison labor in federal prisons to manufacture furniture for …
No Right to Wages Under Interstate Compact by No Right to Wages under Interstate Compact The court of appeals for the eighth circuit held that neither the Interstate Corrections Compact nor Missouri state law required that Missouri prisoners held out of state be paid for their labor. Kenneth Jennings was …
Alabama Prison Chief Fired over Women in Chains by Alabama's prison commissioner, Ron Jones, was abruptly fired on April 26th after announcing plans to put female prisoners on chain gangs. Jones had ordered the warden at Julia Tutwiler State Prison for Women to develop the chain-gang policy. He said the …
Bivens Provides Remedy for Work Injury to BOP Prisoners by A federal district court in California held that prison officials may not retaliate against prisoners who request medical treatment; that the Prison Industries Fund is the sole remedy for federal prisoners who suffer work related injuries but does not bar …
Article • June 15, 1996 • from PLN June, 1996
Florida Prisoners Type Political Donor Lists by Florida state elections officials are hiring prisoners to type into a computer the names of big-money political donors. Secretary of State Sandra Mortham's office is under orders to make the contributions information available on the internet. Mortham said her office will save tax …
Article • May 15, 1996 • from PLN May, 1996
VitaPro Fraud Scheme Unveiled in Texas by Texas state prison officials have asked a judge to nullify an agreement to purchase $33.6 million worth of VitaPro, a soy-based food product, saying the Texas Department of Criminal Justice (TDCJ) had no authority to sign such a contract. Under the deal between …
Arizona Death Row Chain Gang Problems by In December, 1995, Arizona's governor Fife Symington launched a program placing death row prisoners on a chain gang working in the prison's vegetable garden [Reported in the March '96 issue of PLN]. According to an Arizona newspaper report there have been two violent …
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