Benjamin F. Shipley, Jr., Plaintiff, UNITED STATES DISTRICT COURT FORTHE DISTRICT OF COLUMBIA 

# FILED FEB 1 0 2009 NANGYMAYER WHITTING U.S. 018TRI&T

### co[fJ~· CLERK



### v. ) ) ) ) ) ) ) ) ) Civil ActionNo.

# (19 

# 0274 Woolrich, Inc. 

### et at., Defendants.

MEMORANDUM OPINION This matter is before the Court on plaintiffspro se complaint and his application to proceed informapauperis. The Court will grant the application to proceed informapauperis and dismiss the complaint. Plaintiffis incarcerated inthe United States Penitentiary at Terre Haute. Defendants are persons employed by the Bureau ofPrisons, its contractors, or Woolrich who are involved with the contracting ofprison labor for the manufacture ofclothing for the U.S. military. Plaintiff alleges "at least one conspiracy, embracing numerous acts by persons and entities, to deprive federal prisoners, including Plaintiff, ofequal protection ofthe laws and Constitutionally protected rights by exploiting their labor for private profit." Compl.**~** 1. Specifically, he alleges thatthe defendants have violated his rights under the Thirteenth Amendment and the equal protection clause, and that the defendants engaged in a civil conspiracyto deprive him ofthese rights, in violation of42 U.S.C. 

### § 1985. See, e.g., id**~~** 208 (alleging violation ofminimum wage), 215 (alleging violation ofequal protection), 219 (alleging violation ofThirteenth Amendment and conspiracyto violate).The complaint, and each ofits claims, is based upon the premise that plaintiffhas an enforceable right that flows from either the constitution or other federal law that entitles himto minimum or market wages for work performed while incarcerated as a federal prisoner. This premise is false. Itis well-settled that the Thirteenth Amendment's protection against involuntary servitude does not extend to prisoners who are required to perform work at little or

no pay. To the contrary, the Thirteenth Amendment clearly excepts involuntary servitude as punishment for a crime after conviction: "Neither slavery nor involuntary servitude, except as a punishment for crime whereofthe party shall have been duly convicted, shall exist within the United States, or any place subjectto theirjurisdiction." U.S. Const., amend. XIII, 

### § 1. "Convicted criminals

... are not protected by the Thirteenth Amendment against involuntary servitude." Henthorn v. Dep't o/theNavy, 29 FJd 682,686 (1994); see also Vanskike v. Peters, 974 F.2d 806 (7th Cir. 1992) (stating that prison work assignments are part ofthe inmates' sentences ofincarceration). Furthermore, "where the inmate's labor is compelled and/or where any compensation he receives is set and paid by his custodian, the prisoner is barred from asserting a claim for minimum wage underthe FLSA [Fair Labor Standards Act.]." Henthorn v. Dep'to/theNavy, 29 F.3d 682, 686 (1994); see also Sanders v. Hayden, 544 F.3d 812,814 (7th Cir. 2008) ("Prison andjail inmates are not covered by the FLSA."). Because the complaint fails to state a claim underthe Constitution or the laws ofthe United States upon which reliefmay be granted to the plaintiff, it will be dismissed. 28 U.S.C. § 1915(e)(2)(B)(ii). A final order accompanies this memorandum opinion. 

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# J }Y1ftC/cDate: United States District Judge
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