Fetterly v. Cain ( 1999 )


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  •                              No. 99-30516
    -1-
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 99-30516
    Summary Calendar
    JAMES JOSEPH FETTERLY,
    Plaintiff-Appellant,
    versus
    BURL CAIN ET AL.,
    Defendants,
    BURL CAIN; JOHN LEBLANC,
    Defendants-Appellees.
    --------------------
    Appeal from the United States District Court
    for the Middle District of Louisiana
    --------------------
    November 30, 1999
    Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
    PER CURIAM:*
    Inmate James Joseph Fetterly appeals the district court’s
    dismissal of his § 1983 complaint.    Fetterly, who works at a
    chicken processing plant within his prison, appeals the denial of
    his Fair Labor Standards Act claim and his constitutional claim
    regarding working conditions at the plant.
    The district court correctly concluded that Fetterly’s
    complaints regarding his work, including crowded conditions,
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 99-30516
    -2-
    worn-out gloves and occasional failure to receive analgesics, did
    not state a constitutional violation.
    A plaintiff’s status as an inmate does not foreclose an
    inquiry into FLSA coverage.    Coverage has been granted, however,
    where the prisoner works outside the prison under the supervision
    of the private enterprise.    Watson v. Graves, 
    909 F.2d 1549
    ,
    1553-55 (5th Cir. 1990).   We have rejected FLSA entitlements
    where the prisoner worked inside the prison supervised by prison
    employees. See Alexander v. Sara, Inc., 
    721 F.2d 149
    , 149-50 (5th
    Cir. 1983).   Here, Fetterly works inside the prison and can
    demonstrate no employment relationship between him and the
    private enterprise.   He is thus not an employee for FLSA
    purposes.
    AFFIRMED.
    

Document Info

Docket Number: 99-30516

Filed Date: 12/1/1999

Precedential Status: Non-Precedential

Modified Date: 4/18/2021