No. 21-2626 ___________________________ David Leroy Gamble; Cyrus Patrick Gladden, II, and all others similarly situated; David James Jannetta, and all others similarly situated; Jerrad William Wailand, and all others similarly situated; Clarence Antonia Washington

Plaintiffs - Appellants

v.

Minnesota State-Operated Services; Minnesota State Industries; Minnesota Sex Offender Program; Department of Human Services; State of Minnesota

Defendants - Appellees Emily Johnson Piper; Shelby Richardson; John and Jane Does, 1-20 as unknown individuals; Lucinda Jesson; Dennis Benson; Nancy Johnston; Shirley Jacobson; Charlie Hoffman; Pamela Wheelock, official capacity

Defendants Jodi Harpstead, Acting Minnesota Department of Human Services Commissioner, in her official capacity

Defendant - Appellee ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: March 15, 2022 Filed: April 26, 2022 ____________ Before GRUENDER, BENTON, and ERICKSON, Circuit Judges. ____________ GRUENDER, Circuit Judge.

The plaintiffs, civil detainees in the Minnesota Sex Offender Program (“MSOP”), sued the state defendants arguing that they failed to pay the plaintiffs minimum wage under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. The district court 1 granted summary judgment to the defendants, and the plaintiffs appeal. We affirm.

I.

The plaintiffs are sexually dangerous civil detainees in the MSOP who participate in the voluntary Vocational Work Program (“VWP”). See generally Minn. Stat. §§ 253D.07, subd. 3 (requiring civil commitment when a person has a “sexual psychopathic personality” or is “a sexually dangerous person”); 253D.02, subds. 15-16 (defining “sexual psychopathic personality” and “sexually dangerous person” to involve sexually dangerous behavior). The MSOP is operated by the Minnesota Department of Human Services (“DHS”), a defendant, as part of its Direct Care and Treatment Division. 2 “The vocational work program is an extension of therapeutic treatment in order for civilly committed sex offenders to learn valuable work skills and work habits while contributing to their cost of care.” Minn. Stat. § 246B.05, subd. 1.

1 The Honorable John R. Tunheim, Chief Judge, United States District Court for the District of Minnesota. 2 The Direct Care and Treatment Division was formerly known as Minnesota State-Operated Services (“MSOS”), a defendant in this case.

-2- Detainees are placed in jobs primarily based on their therapeutic needs. A detainee cannot be fired from the VWP but can be removed for a maximum of ninety days and given another placement if he is vocationally ready.

The detainees perform tasks such as cooking, cleaning, groundskeeping, gardening, snow removal, and facilities maintenance. They also do “industrial and commercial activities” such as woodworking, printing, sign manufacturing, and craftwork for Minnesota State Industries (“MSI”), which is operated by the MSOP as part of the VWP. See Minn. Stat. § 246B.06, subd. 1. MSI’s activities “must be for the primary purpose of sustaining and ensuring Minnesota State Industries’ self- sufficiency, providing educational training, meaningful employment, and the teaching of proper work habits to the patients of the Minnesota sex offender program under this chapter, and not solely as competitiv