Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j)
- Decided
- July 12, 1999
- Docket
- 97-3671, 98-3499
- Status
- Published
- Jurisdiction
- Federal
Cited 2,759 timesNo negative treatment found in this library
What later courts said
- holding that both pre-trial and convicted inmates are “not entitled to minimum wages under the FLSA” for “intra-prison work” — Scott v. Baltimore County, Maryland (2023)
- concluding that the prohibition against involuntary servitude in the Thirteenth Amendment is not implicated “where a prisoner is incarcerated pursuant to a presumptively valid judgment” — Parnell v. Secretary Pennsylvania Department of Corrections (2017)
- explaining that 28 U.S.C. § 1915(e)(2)(B)(ii) is governed by the same standard applicable to motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) — Johnson v. Guthrie (2024)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION OF THE COURT ALARCON, Senior Circuit Judge:
Mark D. Tourscher (“Tourscher”) appeals from the district court’s order of November 25, 1997 dismissing his pro se complaint (“first complaint”) as frivolous under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. He also appeals from the August 31, 1998 order dismissing a second pro se complaint (“second complaint”). This court consolidated the two appeals.
In his first complaint, Tourscher alleged that he was deprived of rights by Pennsylvania Department of Corrections officials (“Prison Officials”) that are guaranteed under the Eighth, Thirteenth and Fourteenth Amendments because they compelled him to work in the prison cafeteria while he was a pretrial detainee. In his second complaint, he asserted that the Prison Officials deprived him of meaningful access to the courts in violation of the Due Process Clause by compelling him to work in the prison cafeteria while he was preparing his appeal from his second state conviction. In addition, Tourscher maintained in each complaint that he is entitled to be compensated pursuant to the minimum wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206(a), for the work he was compelled to do in the prison cafeteria.
Statutes cited
Cite this
Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j), 184 F.3d 236 (1999)Read the full opinion
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