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GAMBETTA v. PRIDE

No. 96-4253.

112 F.3d 1119 (1997)

Juan GAMBETTA, Plaintiff-Appellant, v. PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC., Pamela J. Davis, President and Member of the Board of Directors of PRIDE, Inc., J. Floyd Glisson, former President and Member of the Board of Directors of PRIDE, Inc., State of Florida Department of Corrections, Harry K. Singletary, Secretary, State of Florida Department of Corrections, in his individual capacity, Defendants-Appellees, Richard L. Dugger, former Secretary, State of Florida Department of Corrections, in his individual capacity, Defendant.

United States Court of Appeals, Eleventh Circuit.

May 15, 1997.

Attorney(s) appearing for the Case

Joel S. Perwin, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Oin & Perwin, P.A., Miami, FL, for plaintiff-appellant.

Kelly Brewton Plante, Wilbur E. Brewton, Gray, Harris & Robinson, P.A., Tallahassee, FL, for appellant.

William Wesley Wertz, Florida Atty. General's Office, Dept. of Legal Affairs, Tallahassee, FL, for Singletary.

Before ANDERSON and EDMONDSON, Circuit Judges, and ROSENN, Senior Circuit Judge.

ROSENN, Senior Circuit Judge:

This appeal presents an important question of economic and penological concern of first impression in this circuit, wherein prisoners incarcerated for violations of Florida criminal laws seek the benefits of federal minimum wage laws when they engage in correctional work programs operated by a non-profit corporation established by the State. In its entirety, this question would require that we explore largely uncharted waters, in that...

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