BALTIMORE — It's been about one year since Ronald Silver II, a DPW worker, died while on the job due to heat exhaustion.
Now his family, and co-worker, plan to sue the city in federal court under the 13th amendment which outlaws slavery and involuntary servitude under the U.S. Constitution.
"I would hear people say things like DPW is operating a slave ship and I thought it was hyperbole," attorney Thiru Vignarajah said. "The 13th amendment does not require whips and chains. It requires evidence of the system of subjugation that would shock the conscious."
The announcement came on the same day a letter was sent to the city solicitor's office.
The family of Ronald Silver II plans to file a civil lawsuit against Baltimore City
Overall, it was an emotional day for relatives as the facts that led up to Silver's death were once again rehashed. Silver's mother Faith Johnson was seen visibly upset and appeared to succumb to Thursday's heat at the end of the press conference.
Silver's co-worker Travis Christian, who was one of the last people to see him alive, is also a part of the pending civil action.
"I hope that this lawsuit will bring comfort and justice to Mr. Silver's family and hope that his children and his kids will live a better life," he said.
Silver was working on August 2nd, 2024 amid a heat index of 109 degrees when he collapsed and later died.
Ongoing investigations by the inspector general had already revealed the poor working conditions at the department prior to Silver's death, including vehicles without working a-c and no access to water.
RELATED: Report rips lack of DPW supervision, policies, training in wake of worker's death
"This is one of those rare circumstances where when a family says his death was preventable, everybody knows it was," Vignarajah said.
"I hope this also sheds light on the horrific conditions that us DPW workers face on a daily basis," Christian said, who is still employed at the department.
Vignarah explained that some of the employees are on probation and many felt they could not speak out about the "subhuman conditions" for fear they would be sent back to prison or retaliated against.
"Under the Supreme Court's jurisprudence, if workers are placed in a position where they feel they have no choice, by virtue of legal coercion, physical coercion, that is enough to make a claim of a violation of the 13th Amendment," Vignarajah explained. "Ignorance was one of the chains of bonadage that DPW utilized to subordinate and subjugate these workers."
There is no set timeline on when the official complaint will be filed, but Vignarajah says it will be possibly in the next few weeks while they will give the solicitor's office some time to digest the news.
RELATED: New Maryland heat safety standards to protect workers as temperatures approach 100 degrees
Statement from Baltimore DPW:
We recognize and respect the family’s right to pursue any legal action they believe is appropriate. While we do not comment on pending legal matters, we do want to emphasize the importance of workplace safety. Over the past year, we have invested significantly in workplace safety in response to both the recommendations of the external report commissioned by the City as well as the State’s new heat safety rules that were enacted in September 2024.
Throughout the past year, we have taken meaningful steps to improve our workplace environment. Chief among them is the implementation of our new Heat Illness Prevention Plan (HIPP), which includes designated break times, heat monitoring, a new alert system, supervisory training, and a revised 5 a.m. start time, a measure beyond what is required by new state heat and safety regulations.
During this process, we’ve maintained ongoing conversations with our crews, city stakeholders, and union representatives. We’ve listened, we’ve reflected, and we’ve acted, examining our policies and investing in our people.
We are especially proud of our Solid Waste crews, whose honesty, resilience, and commitment have helped guide this transformation. Without their voices, this progress would not be possible. We are moving forward with renewed energy and clarity to support our workforce and build a stronger future for all of Baltimore.
An In Focus look at changes at Baltimore DPW
