Torrence v. S.C. Dept. of Corrections, 646 S.E.2d 866 (S.C. 2007)

Cases | Torrence v. S.C. Dept. of Corrections, 646 S.E.2d 866 (S.C. 2007) | 2018

Prisoners who worked at the Prison Industries Wire Harness Assembly facility worked for the private company Insilco Technologies Group (Insilco). Insilco paid the Department of Corrections (DOC) $7.17 per hour for each prisoner’s labor; the prisoners were paid $5.25 per hour. A class action was brought by various groups, including a group of felony victims and recipients of funds from the South Carolina Victims Compensation Fund (SCVCF) (“victims”) and a group of victims receiving restitution paid by prisoners participating in the Prison Industries Program (“dependent beneficiaries”), seeking a declaration by the court of their rights under various statutes related to the Prison Industries Program. The classes argued that the DOC improperly diverted $1.92 from the hourly wage received from Insilco and deposited it into a DOC surplus fund, thus causing the classes to lose money to which they were entitled. The trial court held that the victims had no private right of action. On appeal, the supreme court held that section 24-3-40 does not grant a private right of action to victims and dependent beneficiaries because it is not for their special benefit. However, the court added that since both classes “are directly entitled to a portion of the prisoners’ wages earned through the Prison Industries Program, the DOC must afford a process for these beneficiaries to have their claims addressed.” The trial court was affirmed.