No. 22-1034

Lackawanna Recycling Center, Inc. v. William L. Burrell, et al.

Lower Court: Third Circuit
Docketed: 2023-04-25
Status: Denied
Type: Paid
Response Waived
Tags: civil-contemnors civil-rights due-process fair-labor-standards-act human-trafficking involuntary-servitude trafficking-victims-protection-act work-release work-release-program
Latest Conference: 2023-06-22
Question Presented (from Petition)

1. Whether lawfully incarcerated civil contemnors that voluntarily chose to participate in a discretionary work release program have a claim under the "abuse of law" clause of the Trafficking Victims Protection Act, 18 U.S.C. §§ 1591 et seq., thereby eliminating the essential element of coercion from a statute designed to protect actual victims of human trafficking and involuntary servitude?

2. Whether lawfully incarcerated civil contemnors can be "employees" under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., when they are in custody and their work is inextricably tied to their incarceration?

Question Presented (AI Summary)

Whether lawfully incarcerated civil contemnors have a claim under the Trafficking Victims Protection Act

Docket Entries

2023-06-26
Petition DENIED.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-05-25
Waiver of right of respondents County of Lackawanna and Tom Staff to respond filed.
2023-04-21
Petition for a writ of certiorari filed. (Response due May 25, 2023)

Attorneys

County of Lackawanna and Thomas Staff
Myles R. WrenCipriani & Werner, P.C., Respondent
County of Lackawanna and Tom Staff
David E. HeislerCipriani & Werner, Respondent
Lackawanna Recycling Center, Inc.
David R. OverstreetOverstreet & Nestor, LLC, Petitioner