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

Though the district court dismissed some claims without prejudice, the primary Respondents William L. Burrell, Jr., Joshua Huzzard, and Dapmsey Stuckey, who are former lawfully incarcerated civil contemnors (hereafter the Contemnors), stood on their second amended complaint and sought final judgment, which the district court issued. These Contemnors then appealed. A divided panel of the Third Circuit affirmed in part, reversed in part and remanded the district court’s dismissal of Contemnors’ Trafficking Victims Protection Act, Fair Labor Standards Act, Racketeer Influenced and Corrupt Organizations Act, Pennsylvania Minimum Wage Act, and unjust enrichment claims against Petitioner. The questions presented are as follows:

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?