Legal Opinion

Jay R. Bennett and James W. Knipfer v. Matthew J. Frank

Court of Appeals for the Seventh Circuit

Decided January 19, 2005No. 04-1959PublishedCited by 20 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This appeal presents an issue of some novelty but little difficulty. The plaintiffs, inmates of Whiteville Correctional Facility, a private prison (owned by Corrections Corporation of America) that is under contract to the Wisconsin Department of Corrections, claim entitlement to the minimum wage provision of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. All their other claims have been waived.

The Fair Labor Standards Act is intended for the protection of employees, and prisoners are not employees of their prison, whether it is a public or a private one. So they…

2Cases cited9 opinions

  1. Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j)Court of Appeals for the Third Circuit · 1999
  2. Louis Carter v. Dutchess Community CollegeCourt of Appeals for the Second Circuit · 1984
  3. Hale v. ArizonaCourt of Appeals for the Ninth Circuit · 1993
  4. Daniel Lee Vanskike v. Howard A. Peters, IIICourt of Appeals for the Seventh Circuit · 1992
  5. Kevin Watson and Raymond Wayne Thrash v. Odom Graves, Darryl Jarreau, Marilyn Jarreau, and Abe RossCourt of Appeals for the Fifth Circuit · 1990

4 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Smith v. DartCourt of Appeals for the Seventh Circuit · 2015
  2. William Burrell, Jr. v. Tom StaffCourt of Appeals for the Third Circuit · 2023
  3. Sanders v. HaydenCourt of Appeals for the Seventh Circuit · 2008
  4. Douglas R. Loving v. Gary L. Johnson, Executive Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2006
  5. Desmond Ndambi v. CoreCivic, Inc.Court of Appeals for the Fourth Circuit · 2021

15 more not listed; retrieve them via the Exa API.

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