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SERRA v. LAPPIN

No. 08-15969.

600 F.3d 1191 (2010)

J. Tony SERRA; Jeanine Santiago; Victor J. Cordero, and all others similarly situated, Plaintiffs-Appellants, v. Harley LAPPIN, Director of the Bureau of Prisons; B.G. Compton, Warden of Lompoc Prison; Robert F. McFadden, head of the Western Regional Office of the Bureau of Prisons, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 9, 2010.

Attorney(s) appearing for the Case

John Murcko and William M. Simpich, Oakland, CA, Stephen Perelson, Mill Valley, CA, for the plaintiffs-appellants.

Gregory G. Katsas, Assistant Attorney General, Joseph P. Russoniello, United States Attorney, Michael S. Raab, and Alexander K. Haas, U.S. Department of Justice, Civil Division, Washington, D.C., for the defendants-appellees.

Before: ALEX KOZINSKI, Chief Judge, J. CLIFFORD WALLACE and RICHARD R. CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

Current and former federal prisoners allege that the low wages they were paid for work performed in prison violated their rights under the Fifth Amendment and various sources of international law. Plaintiffs sued officials of the Bureau of Prisons for damages and injunctive and declaratory relief. We conclude that prisoners have no enforceable right to be paid for their work under the Constitution...

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