25 replies to this topic

[Hum]

A Vermont man suing the state under the 13th Amendment for the labor he was forced to perform while awaiting trial in jail will get his day in court.

Finbar McGarry was a graduate student at the University of Vermont in December 2008 when he was arrested for allegedly firing a gun in his home and threatening to kill his family and an official at the university, where he had recently lost his job. His lawsuit alleges that the state violated his rights under the 13th Amendment -- which abolished slavery and involuntary servitude after the Civil War -- when he was forced to work in the laundry for minimal pay as an inmate in the Chittenden Regional Correctional Facility in South Burlington, Vermont.

McGarry, who filed the $11-million lawsuit pro se, said he was forced to work three days a week for six weeks washing other inmates' laundry. He was paid a wage of 25 cents per hour and developed a bacterial infection on his neck because he was not provided sanitation in the laundry room, he told ABC News in an interview Thursday.

Prison officials threatened to put McGarry "in the hole," where inmates are shackled and locked up for 23 hours per day in solitary confinement, if he refused to work, he said.

McGarry was released in June 2009, and all charges against him were dropped.

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[z0phi3l]

He aint got no case

[The Teej]

z0phi3l, on 11 August 2012 - 14:33, said:

He aint got no case

Are you being serious? I'd definitely say he has a case.

[+articuno1au]

Oh, I hope he wins that one..

He definitely has a case, but the pro se filing is worrying :\

[Charisma]

I thought that's how jail works?
Besides, 3 days a week, seriously? If only I had such a job.
The only way he'd have a case is if they refused medical treatment for the infection, but otherwise, quit being such a crybaby. It's a correctional facility, not a vacation.

[+articuno1au]

I think the issue in this case is that he was never found guilty.

If he didn't commit a crime, how can it be suggested that he should have been forced to work?

I hope he wins it for no other reason than it's blatantly unethical :\ If you committed a crime and are found guilty, then you must repay your debt however society expects you to.

How do you justify it in this case?

[+Lovell]

Charisma, on 11 August 2012 - 15:06, said:

I thought that's how jail works?
Besides, 3 days a week, seriously? If only I had such a job.
The only way he'd have a case is if they refused medical treatment for the infection, but otherwise, quit being such a crybaby. It's a correctional facility, not a vacation.

I'm sure there are plenty of people who'd be more than happy to pay you 25p an hour, you can't force people to work that's called slavery you give them the option if they want it.

[Hum]

All McDonald's workers should sue.

[Charisma]

articuno1au, on 11 August 2012 - 15:10, said:

I think the issue in this case is that he was never found guilty.

If he didn't commit a crime, how can it be suggested that he should have been forced to work?

I hope he wins it for no other reason than it's blatantly unethical :\ If you committed a crime and are found guilty, then you must repay your debt however society expects you to.

How do you justify it in this case?

Oh, well, that's true--he wasn't found guilty. Never mind then, carry on.

If he were guilty though? Not "slavery".

[+articuno1au]

Agreed

You want to wield the whip this time or shall I?

[+Anarkii]

Ive been to prison and can confirm the pay sucks and they do threaten to either move you to another jail or put you in solitary if you refuse to work. Correctional officers have 'Duty of Care' but working for 25 cents an hour is the baseline (my short stint i was working in the jail kitchen, and was making 80 cents an hour).

Charisma is right thou, its certainly not a vacation. You are there to be punished.

He has no case if he was in Australia, but the US, well anything is possible...

[Reverend Spam]

Oh dear.... What's this country coming to? This dude really thinks it's unfair to work in prison? Well, here's an idea.... DON'T DO ANYTHING ILLEGAL! (And don't say that because the charges were dropped, he didn't.... That's more than likely untrue)

[SPEhosting]

slavery, bad Health and saftey/endangerment, terrorism (controlling others with the use of fear).

he has a massive case seeing as he was not even convicted.

[Colin McGregor]

Hum, on 11 August 2012 - 15:12, said:

All McDonald's workers should sue.

why? I don't know about where you are but mcdonalds workers get 11 an hour minimum wage to start and I know a few that are making close to 15 an hour to do hardly anything.

[seta-san]

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.

clearly forced labor is allowed as a punishment under the law. Where it gets grey for me is that is a sentence to jail the same as being sentenced to labor? Maybe labor in prison has to be a serperate part of the prison sentence.