Man Forced to Work in Prison Sues Under Anti-Slavery Amendment

[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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[Anibal P]

He aint got no case

[The Teej]

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 Veteran]

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]

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. :laugh:

[Charisma Veteran]

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 :p

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

[+Anarkii Subscriber²]

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...

[The Rev]

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)

[Original Poster]

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]

All McDonald's workers should sue. :laugh:

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.

[Blackhearted]

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.

Wow. Minimum wage sure sounds like it's alot better up in canada than it is here.

[mokthraka]

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.

if you think they aren't doing anything. You've never worked fast fold.

[Knife Party]

what a little sissy, take it like a man

[+SOOPRcow MVC]

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.

The point he is arguing though is that he had not been "duly convicted" and as such could not be punished in such a manner. To be quite honest I think his case has a lot of merit.

[seta-san]

The point he is arguing though is that he had not been "duly convicted" and as such could not be punished in such a manner. To be quite honest I think his case has a lot of merit.

then yes, i'd say he has a strong case.

[Nothing Here]

It IS how jail works. Minus the shackles in solitary confinement.

Solitary confinement consists of 22 1/2 hrs lock down per day. No shackles. 1/2 hr per day for showers and 1hr rec time.

Source:

My brother is a correctional officer.

[Ryoken]

He had the choice of solitary, so he was never Forced to do anything..

Beyond that, you can be required to do community service, which is also free labour.

[Colin McGregor]

if you think they aren't doing anything. You've never worked fast fold.

didn't say they all did nothing I said I know a few people makin 15 that do nothing. I know most of them do a lot and I have a lot of repect for anyone in the service industry. Having to deal with some of the morons that come through and stay polite is a gift I do not posses.

[Lamp0]

Why is solitary confinement always stated like it's really bad? I mean, I've never been in solitary confinement, but it just doesn't sound all that bad.

[Growled Member]

If he were to win, it'll probably change our entire prison system.