DeBritto v. Rhode Island Department of Corrections et al
| Timothy DeBritto |
| Rachel Bray and Rhode Island Department of Corrections |
| 1:2024cv00216 |
| May 28, 2024 |
| US District Court for the District of Rhode Island |
| John J McConnell |
| Patricia A Sullivan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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TEXT ORDER denying #6 Motion for Reconsideration for the reasons stated in the 6/12/24 Text Order. So Ordered by Chief Judge John J. McConnell, Jr. on 6/25/2024. (Jackson, Ryan)
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| Filing 6 MOTION for Reconsideration re Order on Motion to Amend/Correct,,,,,,, Order on Motion for Leave to Proceed in forma pauperis,,,,,, filed by Timothy DeBritto. Responses due by 7/8/2024. (Attachments: #1 Envelope)(Hill, Cherelle) |
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TEXT ORDER granting #3 Motion to Amend the Complaint; denying as moot #4 Motion for Leave to Proceed in forma pauperis, and dismissing the case: Plaintiff Timothy DeBrito claims a violation of R.I.G.L. 42-56-22, which provides that inmates working for the state prison shall be paid up to a maximum of $3 per day. Mr. DeBritto contends that he worked as a barber and painter but was paid only half of what he was entitled to. The implication is that he performed each job during a portion of the same day. In his Amended Complaint, which added Captain Macomber as a defendant, he alleges he is owed $270 for unpaid labor. A violation of 42-56-22, if any occurred, would be a violation of state law, remediable by a state court claim, and does not give rise to a federal question under 28 U.S.C. 1331. If an inmate working for the Department of Corrections is an "employee" within the Rhode Island Payment of Wages Act, R.I.G.L. then 28-14-19.2 describes a state cause of action. The mere citing of the Fourteenth Amendment does not state a plausible claim for relief under the Constitution of the United States, and a violation of state law is not automatically a violation of due process. Therefore, this Court lacks jurisdiction to hear the plaintiff's claim. Mr. DeBritto's Amended Complaint does not fix the jurisdictional problem. The Motion for Leave to Amend the Complaint (ECF No. 3) is GRANTED, but the Amended Complaint (ECF No. 3-1 is DISMISSED for failure of federal question jurisdiction, and the Motion to Proceed In Forma Pauperis (ECF No. 2) is DENIED as moot. This case is dismissed. So Ordered by Chief Judge John J. McConnell, Jr. on 6/12/2024. (Jackson, Ryan)
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| Filing 5 Prisoner Trust Fund Account Statement by Timothy DeBritto. (Attachments: #1 Envelope) (Gonzalez Gomez, Viviana) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Timothy DeBritto. (Attachments: #1 Envelope)(Gonzalez Gomez, Viviana) |
| Filing 3 MOTION to Amend/Correct #1 Complaint filed by Timothy DeBritto. Responses due by 6/25/2024. (Attachments: #1 Proposed Amended Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Civil Cover Sheet - Amended, #7 Envelope)(Gonzalez Gomez, Viviana) |
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Filing 2
ORDER entered directing the plaintiff to pay the civil case filing fee in the amount of $405.00 or to file a motion to Proceed in forma pauperis. Filing Fee or Motion to Proceed in forma pauperis due on or before 6/20/2024. So Ordered by Chief Judge John J. McConnell, Jr. on 5/29/2024. (Gonzalez Gomez, Viviana)
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| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana) |
| Filing 1 COMPLAINT, filed by Timothy DeBritto. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (Gonzalez Gomez, Viviana) |
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