Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Hickman v. United States

United States District Court, D. Minnesota

May 21, 2015

Jermaine Hickman, Plaintiff,
v.
United States of America, Defendant.

Richard Student, Esq. and Kevin Gregorius, Esq., Meshbesher & Associates, PA, Minneapolis, MN, on behalf of Plaintiff.

Pamela Marentette, Esq., Assistant United States Attorney, United States Attorney's Office, Minneapolis, MN, on behalf of Defendant.

ORDER

ANN D. MONTGOMERY, District Judge.

On May 21, 2015, the undersigned United States District Judge heard oral argument on Defendant's Motion for Judgment on the Pleadings [Docket No. 21]. Defendant moves for dismissal of Count III of Plaintiff's Complaint, which seeks unpaid wages under the Fair Labor Standards Act ("FLSA") for work Plaintiff performed as an inmate during a period of alleged over-service of a federal sentence. For the reasons stated at the hearing, the Court concludes that Plaintiff was not an "employee" within the meaning of the FLSA during his period of overservice. See McMaster v. State of Minn., 30 F.3d 976, 980 (8th Cir. 1994) (holding that inmates "who are required to work as part of their sentences and perform labor within a correctional facility as part of a state-run prison industries program are not employees' of the state or prison within the meaning of the Fair Labor Standards Act"). Since a waiver of sovereign immunity has not occurred, Plaintiff cannot sustain a claim for unpaid wages under the FLSA.

Based upon the foregoing, all the files, records, and proceedings herein, and for the reasons stated on the record at the conclusion of oral argument, IT IS HEREBY ORDERED that Defendant's Motion for Judgment on the Pleadings [Docket No. 21] is GRANTED and Count III of Plaintiff's Complaint is DISMISSED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.