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United States Second Circuit


McGarry v. Pallito, 10-669

In plaintiff's suit brought under 42 U.S.C. section 1983, alleging that the defendants violated his Thirteenth Amendment right to be free from involuntary servitude by compelling him to work in the prison laundry under threat of physical restraint and legal process, district court's grant of defendants' motion to dismiss is reversed and remanded, as plaintiff's complaint plausibly states a claim under the Thirteenth Amendment and defendants have not established an entitlement to qualified immunity.

Appellate Information

  • Decided 08/03/2012
  • Published 08/03/2012

Judges

  • Parker

Court

  • United States Second Circuit

Counsel

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