McGARRY v. PALLITO

Docket No. 10-669-pr.

687 F.3d 505 (2012)

Finbar McGARRY, Plaintiff-Appellant, v. Andrew PALLITO, Commissioner, Vermont Department of Corrections (sued in his individual capacity), Greg Hale, Superintendent, Chittenden Regional Correctional Facility (sued in his individual capacity), Richard Byrnes, CLUS, Chittenden Regional Correctional Facility (sued his individual capacity), Richard Gallow, Chittenden Regional Correctional Facility (sued his individual capacity), Joe Wolske, Chittenden Regional Correctional Facility (sued in his individual capacity), John Cannon, Chittenden Regional Correctional Facility (sued in his individual capacity), Forcier, Co, Chittenden Regional Correctional Facility (sued in his individual capacity), Sherylyn Matthans, Chittenden Regional Correctional Facility (sued in her individual capacity), Jeff Cobb, Chittenden Regional Correctional Facility (sued in his individual capacity), Paul Cross, Chittenden Regional Correctional Facility (sued in his individual capacity), Samuel Santos, Chittenden Regional Correctional Facility (sued in his individual capacity), Michael Liff, Chittenden Regional Correctional Facility (sued in his individual capacity), Various Turnkeys, Chittenden Regional Correctional Facility (sued in their individual capacities), Evelyn Cushings, Vermont Department of Labor (sued in her individual capacity), Various Lawyers, Vermont Department of Labor (sued in their individual capacities), William Sorrell, Office of Vermont Attorney General (sued in his individual capacity), State of Vermont, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 3, 2012.


Attorney(s) appearing for the Case

Daniel Allan McLaughlin ( Aravind Ratnam Ganesh , on the brief) Sidley Austin LLP, New York, NY, for Plaintiff-Appellant.

David McLean , Assistant Attorney General, for William H. Sorrell , Attorney General of the State of Vermont, for Defendants-Appellees.

Before: KATZMANN, B.D. PARKER, and WESLEY, Circuit Judges.


BARRINGTON D. PARKER, Circuit Judge:

Plaintiff-Appellant Finbar McGarry appeals from a judgment of the United States District Court for the District of Vermont (Murtha, J.) dismissing his pro se complaint, which alleged that Defendants-Appellees ("defendants") violated his Thirteenth Amendment right to be free from involuntary servitude.2 McGarry alleges that while he was a pretrial detainee at the Chittenden Regional Correction...

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