McGarry v. Pallito
687 F.3d 505
2d Cir.2012Background
- McGarry, a pretrial detainee at CRCF, was compelled to work in the prison laundry under threat of administrative segregation and DRs.
- The facility houses about 200 inmates, including pretrial detainees; work is required for House 1 inmates.
- He worked long hours (up to 14 hours/day, three days/week) in hot, unsanitary conditions without gloves or proper sanitation.
- McGarry developed a painful neck staph infection linked to the laundry work.
- District court dismissed the Thirteenth Amendment claim as not akin to traditional slavery; McGarry appealed.
- Court reverses and remands, holding Thirteenth Amendment covers pretrial detainees and qualified immunity not established at pleadings stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pretrial detainees are protected by the Thirteenth Amendment | McGarry argues yes; compelled work violates involuntary servitude | Defendants argue no; existing law allows housekeeping or rehabilitative rationale | Yes; pretrial detainees fall within XIII protections |
| Whether compelled laundry work states a Thirteenth Amendment claim | Work coerced by threats of restraint/legal process violates XIII | Work may be permissible as related to housekeeping/rehabilitation | Yes; allegations plausibly state a violation |
| Whether defendants are entitled to qualified immunity at this stage | Defendants violated clearly established rights; not reasonable to believe otherwise | They acted reasonably under a housekeeping exception/rehabilitation rationale | No; defendants not entitled to qualified immunity at pleading stage |
| Whether there is a housekeeping exception for pretrial detainees under XIII | Even housekeeping chores may not be used to justify coercive labor | There is a personal-housekeeping exception for inmates | No; at this stage, work cannot be deemed personally related housekeeping for pretrial detainees |
Key Cases Cited
- Kozminski v. United States, 487 U.S. 931 (U.S. 1988) (defined involuntary servitude as coercive work through physical or legal threats)
- Shackney v. United States, 333 F.2d 475 (2d Cir. 1964) (work maintained by coercion akin to slavery, albeit not identical)
- Bell v. Wolfish, 441 U.S. 520 (U.S. 1979) (pretrial detainees’ restrictions must not amount to punishment; confinement allowed within constitutional bounds)
- McGinnis v. Royster, 410 U.S. 263 (U.S. 1973) (state cannot rehabilitate pretrial detainees; presumption of innocence applies)
- United States v. El-Hage, 213 F.3d 74 (2d Cir. 2000) (pretrial interests exceed rehabilitation/punishment goals in confinement regulation)
- Overton v. Bazzetta, 539 U.S. 126 (U.S. 2003) (pretrial detainee rights limited but protected; not outside XIII scope)