Filed Date: Sept. 18, 2024
Case Ongoing
Clearinghouse coding complete
On September 18, 2024 four individuals incarcerated at Tyger River Correctional Facility filed suit against South Carolina’s Department of Corrections, alleging breach of contract, breach of contract accompanies by fraud, unjust enrichment, detrimental reliance and violation of South Carolina’s Unfair Trade Practices Act and South Carolina’s Payment of Wages Act. Plaintiffs filed suit in South Carolina’s Court of Common Pleas Seventh Judicial Circuit seeking damages. They were represented by Winslow Law LLC. The case was assigned to Bryan Sterling.
Plaintiffs participate in South Carolina’s Prison Industry Enhancement Certification Program (“PIECP”) which places incarcerated individuals in realistic work environments, pays them prevailing wages and gives them a chance to develop marketable skills that will increase their potential for rehabilitation and meaningful employment upon release. On March 24, 2021 the South Carolina Supreme Court held that under PIECP, inmates are to be paid prevailing wages, not the minimum wage. However, for their work in the PIECP program, plaintiffs have only been paid minimum wage. They assert that the prevailing wage for their work is much higher. Moreover, plaintiffs assert that the Department of Corrections deducts social security, room and board and voluntary child support from their pay, but any voluntary child support payments were not actually paid to the inmates’ family.
Plaintiffs also sought to certify a class action for similarly situated individuals. Their motion for class certification was granted on January 13, 2025.
This case is ongoing.
Summary Authors
Daria Wick (1/27/2025)
State / Territory: South Carolina
Case Type(s):
Key Dates
Filing Date: Sept. 18, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Inmates at Manning Correctional Institution
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
South Carolina Department of Corrections (Enoree, Spartanburg), State
Defendant Type(s):
Facility Type(s):
Case Details
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Jails, Prisons, Detention Centers, and Other Institutions: