Smith v. Dart

Smith filed a pro se complaint under 42 U.S.C. 1983, alleging that Smith, as a pretrial detainee and Army veteran, was enrolled in a special program for veterans. Under that program, Smith worked in the jail laundry and could live in a special wing for veterans, apart from the general population. Smith claimed that he was paid only $3 a day, not the federal minimum wage; that he was subjected to inhumane conditions, required to stand in a “hot, smelly room” several hours each day; and that he had insufficient food, was subjected to rodents and insects, had no mirrors, lacked outdoor recreation, and had to drink filthy water. The court conducted preliminary review (28 U.S.C. 1951A) and summarily dismissed Smith’s work- and wage-related claims, finding that Smith had no constitutional right to be paid for his jail job assignment, let alone minimum wage, and that his allegations were insufficiently egregious to rise to the level of a constitutional violation. The court determined that Smith stated colorable conditions of confinement claims, but ultimately dismissed without prejudice, advising Smith of the deficiencies in his pleading and twice instructing him to file an amended complaint. The Seventh Circuit reversed the ultimate dismissal (with prejudice) of the inadequate food and contaminated water claims and remanded, but otherwise affirmed. View "Smith v. Dart" on Justia Law