Second Circuit gives go ahead for 13th Amendment Vermont prison lawsuit
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August 14, 2012
New York, New York: On Friday, August 3, the United States Court of Appeals for the 2nd Circuit overturned the lower court decision and held that a suit could continue which alleged that the Chittenden Regional Correctional Facility in South Burlington, Vermont violated the 13th amendment by requiring an individual to work in the laundry room for $0.25 an hour. The suit was filed by Finbar McGarry who alleged that during his time pending trial in the facility, he was forced to work 14 hour shifts, 3 days a week, and was punished with solitary confinement if he refused. He filed the suit a month before his release, requesting $11 million in damages. U.S. District Judge Garvan Murtha threw out the case claiming that McGarry did not prove that the forced work was akin to African American slavery, which the act was originally designed to protect against. The three judge appeals court composed of Robert Katzmann, Richard Wesley and the writing judge Barrington Parker disagreed, writing in their opinion, "The Amendment was intended to prohibit all forms of involuntary labor, not solely to abolish chattel slavery." In addition the court held that McGarry's pretrial status required that the state treat him differently as he was not yet convicted and the charges were later dropped. The case was remanded back to Judge Murtha for further evaluation.[1]
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