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View Full Version : Boing Boing: 13th Amendment lawsuit over conditions of pre-trial detention



Winehole23
08-20-2012, 08:03 AM
Man forced to work in jail laundry while awaiting trial sues for "slavery" (http://boingboing.net/2012/08/19/man-forced-to-work-in-jail-lau.html)

By Cory Doctorow (http://boingboing.net/author/cory_doctorow_1) at 3:27 pm Sunday, Aug 19 • 73 Comments (http://boingboing.net/2012/08/19/man-forced-to-work-in-jail-lau.html#disqus_thread) •


In 2008, Finbar McGarry, a grad student at the University of Vermont, was arrested on gun charges. While he was awaiting trial, his jailers ordered him to work for $0.25 in the jail laundry or be condemned to solitary confinement. He's now suing for violations of his 13th amendment rights, saying that this amounted to slavery. The case was dismissed but that's been overturned by a higher court and is steaming forward. If he wins, it will have huge repercussions for America's jails, where pre-trial prisoners who have not been convicted of any charge are forced into hard labor.

Eventually, McGarry relented and chose to work in the laundry rather than face a prolonged and brutal spell in “the hole.” During the course of his work, McGarry says he contracted a serious MRSA lesion on his neck—a potentially deadly bacterial infection.



McGarry’s charges were ultimately dropped, and he was released. In 2009, he pressed a suit against his former captors in Brattleboro, Vermont, federal court for $11 million—claiming he was made a slave in violation of his 13th Amendment rights. The Brattleboro judge ruled that McGarry’s constitutional rights had not been violated, but that finding was overturned on appeal last week.



McGarry’s suit brings new life to the issue of pre-trial detention—the incarceration of people who are awaiting trial, yet to be convicted of a crime—which was already mired with debate and controversy.



A recent report by corrections expert Dr. James Austin, examining the jails of Los Angeles County (which suffer from notorious violence and overcrowding), found that upward of 1,000 inmates trapped in jail pre-trial posed little to no danger to the public—more than five percent of the county jail population. They were simply being held because they were too poor to pay for bail.
http://boingboing.net/2012/08/19/man-forced-to-work-in-jail-lau.html

mavs>spurs
08-20-2012, 08:10 AM
I'd say he's right. He didn't get convicted of a crime and was forced to work for essentially nothing. Fuck the corporate prisons, wonder of this one was even state owned.

CosmicCowboy
08-20-2012, 08:10 AM
Some of the small towns around San Antonio are overwhelmed and WAY behind on cases...it can take 2 years+ from arrest just to get a trial scheduled. I know of a kid in Bandera that's been in jail for 18 month and still doesn't have a trial date set.

Where this kid will probably get double fucked is that he is charged with arson. In a non fatal/non revenge (random arson) that is generally treated as a sickness rather than a crime and they usually get sentenced to a period in the state hospital until they think he is "well". He doesn't even get credit for time served in the county jail!..:lol

Winehole23
08-20-2012, 08:28 AM
that's just wrong, particularly when the person poses no threat to others

elbamba
08-20-2012, 01:09 PM
that's just wrong, particularly when the person poses no threat to others

I would agree. I would propose the following changes for non-violent pretrial detainees:

1. If bail cannot be paid, offer a temporary work release program that allows the pretrial detainee to leave around 6:00 a.m. and return by 6:00 p.m. until bail is paid. (detainee would be responsible to submit time slips from employer to ensure detainee is working)

2. Give detainee the option to work at the prison at the minimum wage if transport/jobs are unavailable to the detainee. Detainee can work until he can afford to pay bail.

3. Make an exception to bail payment if detainee is currently enrolled or enrolls in college/vocation training. (detainee would be required to submit school attendence proof daily)

As for this guys case, my guess is that he will lose the 13th amendment claim. He should have a legitimate shot at winning his MRSA claim.

mercos
08-20-2012, 05:26 PM
Our entire "Corrections" system is in dire need of an overhaul. A majority of people that spend time within the system end up returning to jail after being released. Not a lot of correcting going on there.

Bill_Brasky
08-20-2012, 05:44 PM
Prisons = modern day slavery

mavs>spurs
08-20-2012, 06:29 PM
Prisons = modern day slavery

This. The prisons are corporate owned and profit driven, something that a lot of people don't know. Prisons produce all kinds of things at slave wages that even china and mexico etc can't compete with. It's a major cash cow for the owners. Prisons in the US are huge compared with the rest of the world, the stats on how many imprisoned per capita are insane we blow the rest of the world out of the water. Something like 7 million slaves are producing things for .25 cents an hour at any given time.

Bill_Brasky
08-20-2012, 06:31 PM
This. The prisons are corporate owned and profit driven, something that a lot of people don't know. Prisons produce all kinds of things at slave wages that even china and mexico etc can't compete with. It's a major cash cow for the owners. Prisons in the US are huge compared with the rest of the world, the stats on how many imprisoned per capita are insane we blow the rest of the world out of the water. Something like 7 million slaves are producing things for .25 cents an hour at any given time.

http://www.post-gazette.com/stories/local/state/former-luzerne-county-judge-guilty-of-racketeering-charges-285407/

And you just know he isn't/wasn't the only one. Pretty fuckin disturbing.