the eighth amendment is not implicated in a prison setting in voluntary employment the print shop job that mr kant that mr morgan was working  discipline if he fails according to the rules if bills to show up three times are excused he may be terminated and i think it provides that he can reapply for the position for one hundred eighty days how many excused an excused absence of sensors they can have but ultimately they're going to be subject to a fraction for failing to program or failing to to work on their job or something and i would maybe this isn't the best thing to do and his request to leave and his being told that no we can't stop to fix it now because we're in a hurry and the injury was some time later assume for a moment all this happens on the same day that an inmate working and prison industries finds a condition which the inmate believes is unsafe asked to stop or he was told no we have to get this job done we can't stop to fix it now an ordinary employee at a company would have the option of leaving and would risk employment but that's all that he's a president he may have the option and under th correctional industry guidelines apparently doesn't get terminated until after three unexcused absences but he also has an obligation in the prison regulations to work what would he face if someone suddenly decided  right for me i'm out of here and walks off separate apart from terminations by prison industries what's the prison this one area of risk that he faces to the extent that he informs  been required to be at this job for a dollar ten an hour subject to penalty of actual imprisonment lengthening of this imprisonment if he hadn't an excused absence if you look at the judge clifton at our keep working that's what he told mr morgan that's an order mr morgan does not follow that he does time in the whole potentially he does more prison time he loses good time potentially if he has an excused absence he does time in the hole potentially he loses good time if you refuse the programs all those kind of conditions can only be imposed on him because of his situation as a convicted prisoner otherwise it would be slavery in violation of the thirteenth amendment i'd have trouble taking is a given that all of those things would have happened but i can understand the argument at that time he couldn't be confident otherwise if all of this tha happened on the same day but it didn't happen on the same day that was actually a period of time between when he was told to keep working and when the injury occurred and he's raising this kind of time during that duration from seeking to say ok this isn't going to work for me i'll revert to whatever other prisoners do even though i don't get the dollar an hour that way well he does know that david i mean it that he was not able to do that i think he had gone to mr kennedy more than once mr but how long was it until he was actually injured i think that the evidence was it was something like it was several weeks between and i don't know that we have an exec to date but remember just clifton and i think the real question is is this an issue of law condition of confinement and i think the judge last night actually should have ruled as a matter of law this was a condition of confinement because you could not have it is a prison industry it is not a visiting area it is not something you're casually encountering it's something you're required to do and can only be required to do because you're a prisoner is there i mean face the distinction that the state is relying on the queen the voluntary work program and involuntary in falls are defective conditions and that are distinction between two thirds of working occurs i think it does not i think it's a mistake for that to even go down that road i mean if you're on a chain gang maybe if you're a senior prisoner you have a choice between swinging the hammer and holding the different prisons if you show up at a prison that you ask for and find out that the conditions are grossly unconstitutional the guards are beating people up or it's unsafe are they going to be able to say oh you chose you had a choice i think that's really a false distinction the present context and i think this place is taken out of context here i think that if so i think it's should be as a matter of law if you're doing prison work it's a condition of confinement you're being paid prison litigation you really i think have to rely on inferences that we're course entitled to with the summary judgment stage reasonable inferences are evidence shows that this is a shop that was being run by the defendant  here who deliberately took safety switches off this machine because it was shaking and shutting itself down because of the violent shaking that steve morgan says resulted in the pulling off of his thumb the response of you're was go back to work i'm taking the safety switches off so we can continue to have this thing shake and rattle so we can think continue the comp these forms out for the state and not have a slowdown here so i think that you have to in considering this this gap and this question of why didn't mr morgan do more and and what the state of really been so generous and considerate if he had taken more firm action in response to the safety concerns not being run you know i mean the print shop is not being run the safe manner but we don't know if i have seen anything in the record what would have happened or what did happen if there had been a request made by your client through whatever other prison channels were available i mean mr kennedy wasn't wasn't running the prison he was running the print shop and presumably requests could have been made to change assignments or to explain i don't feel safe we don't have the don't get along whatever else to seek a reassignment in a time period before the injury occurred and of course we'll never know and we will never probably get even to the extent that people are always subject to error when they're predicting the future we're probably never going to get the most candid and where well i think that how power does it i mean how much how it says the prison industries of the washington state prison have to be maintained in a way that is not deliberately indifferent to safety and there were many safety concerns that are not as here they did more by ordering the person to continue to work after they knew of the defective condition and actually i think we have known danger plus plus because we not only have a known danger but we also have the order to go back to work and we also have the removal of the safety switches to permit that dangerous condition to continue despite the request so i think we are above that threshold  i think it was a known danger i don't know about the plus i don't know that anybody ordered mr alinsky to go over there and have visitation or you are right there was none of that there was not any part of his condition of confinement and again you know i think this is always the  concern we have in qualified immunity if the state can stake a case which i think is from a different area and transplanted into this area and then say it wasn't clearly as i wish that that didn't fit here then we're never going to have any  two thousand i think new the prison industries are supposed to mean maintain safely and that the facts that we've described a bit of a dangerous condition a complaint and a refusal an order to go back and an actual enhancement of the danger violate the just quickly respond as far as the danger plus plus there is certainly a dispute on the safety switches the safety switches are part of this single device  this case because it's a voluntary exposure whether it's in a workplace or another setting does not give rise to an eighth amendment violation and working in the job you're in a mandatory work program and that we're going to apply the eighth amendment to some of those but not to others you're going to any case if there's anything like that there's no case that reach you file a claim your honor and there's nothing record whether he got it but inmates ordinarily are not entitled to receive benefits until they're released