ADA Criminal Justice Enforcment Activities

Briefs

Robinson v. Farley Statement of Interest (D.D.C., 6/20/16)

• re: plaintiff alleged that police officers violated Title II of the ADA when they failed to reasonably accommodate his disabilities during his arrest and post-arrest proceedings. The Statement of Interest was filed to clarify that Title II of the ADA applies to the arrest of an individual with a disability, and to explain the application of Title II’s reasonable modification requirement in that context (D.D.C. 6/20/16)

S.R. v. Kenton County, KY Statement of Interest (E.D. Ky., 10/2/15)

• re: application of Title II of the ADA to law enforcement officers, including School Resource Officers’ interactions with students

Williams v. City of New York Statement of Interest (S.D.N.Y, 2/25/15)

• re: application of Title II of the ADA to law enforcement agencies, including during arrest, and re: law enforcement agencies’ obligations to provide effective communications

San Francisco v. Sheehan Amicus Brief (S. Ct., 1/15)

• re: application of Title II of the ADA to law enforcement agencies, including during arrest

G.F. v. Contra Costa County, CA Statement of Interest (N.D. Cal., 2/13/14)

• re: application of Title II of the ADA to juvenile corrections facility and juvenile court school’s practice of placing juveniles with mental health disabilities in restrictive security programs that impact their access to education and rehabilitative services

Miller v. Smith Amicus Brief (S.D. Ga., 6/21/10)

• re: corrections officials’ obligations toward prisoners with disabilities under Title II of the ADA and Section 504 of the Rehabilitation Act, including the obligation to house inmates with mobility disabilities in accessible cells; ensure access for inmates with disabilities to all prison programs, activities, and services; and provide disability-related medical care, assistance, equipment, and supplies

Complaints

U.S. v. South Carolina Dept. of Correction Complaint (D.S.C., 9/30/13)

• re: the integration of inmates with HIV into general population, addressing the conditions of confinement, and providing equal opportunity to participate in and benefit from all services, programs, and activities

Consent Decrees

U.S. v. Police Department of Baltimore City, et. al., Consent Decree (D.MD., 1/12/17)

• re: responding to and interacting with people with behavioral health disabilities or in crisis, by requiring a gaps assessment of the city’s behavioral health service system and increased collaboration between BPD and the behavioral health provider community; implementation of a Crisis Intervention Team first-responder model of police-based crisis intervention; training for all officers on responding to individuals in crisis; training for dispatchers to limit police involvement in crises where appropriate;  and data collection, analysis, and reporting on suspected behavioral health disabilities or crisis status (at pages 34-42)

U.S. v. South Carolina Dept. of Correction Consent Decree (D.S.C., 10/1/13)

• re: the integration of inmates with HIV into general population, addressing the conditions of confinement, and providing equal opportunity to participate in and benefit from all services, programs, and activities

Settlements

Arlington County, VA Sheriff Settlement Agreement (11/16/16)

• re: effective communication for persons who are deaf or hard of hearing detailed in Sheriff Department’s detention and corrections system

Columbia, SC Police Department Settlement Agreement (5/3/16)

• re: provision of auxiliary aids and services by police department to ensure effective communication to people with hearing impairments

Wallingford, CT Police Department Settlement Agreement (8/18/15)

• re: effective communication for people who are deaf or hard of hearing under Title II of the ADA

Rochester, MI Police Department Settlement Agreement (7/29/15)

• re: effective communication for people who are deaf or hard of hearing in Rochester, Michigan’s Police Department and other programs and services

County of Erie, NY & Erie County Sheriff’s Office Settlement Agreement (12/17/14)

• re: provide equal access to programs, services, and facilities to inmates with disabilities and to ensure effective communication and auxiliary aids and services to inmates who are deaf or have hearing loss, are blind or have low vision

City of Henderson, NV Settlement Agreement (8/5/13)

• re: effective communication for people who are deaf or hard of hearing when interacting with law enforcement

City of New Haven, CT Settlement Agreement (5/20/13)

• re: effective communication for people who are deaf or hard of hearing in the City of New Haven’s Police Department and other City programs and services

Consolidated City of Jacksonville, FL Settlement Agreement (4/19/13)

• re: effective communication obligations of a law enforcement agency

Arapahoe County, CO Sheriff’s Office Settlement Agreement (3/21/13)

• re: ensuring effective communication between individuals who are deaf or hard of hearing and patrol officers, detention center officers, and other law enforcement personnel

City of Englewood, CO Settlement Agreement (3/7/13)

• re:  ensuring effective communication between individuals who are deaf or hard of hearing and police officers and other law enforcement personnel

Oconee County, SC Courthouse Municipal Facility Settlement Agreement (7/22/10)

• re: physical accessibility in a municipal courthouse facility, built in 2003, including parking, signage, restroom facilities, courtroom seating, witness stands, jury boxes, and accessible routes

Alameda County, CA Sheriff’s Office Settlement Agreement (2/2/10)

• re: effective communications with persons who are deaf, hard of hearing, and deaf-blind in police and jail

New York City Police Department Settlement Agreement (11/18/09)

• re: effective communication with people who are deaf or hard of hearing under Title II of the ADA

Sheriff of St. Lucie County, FL Settlement Agreement (4/12/07)

• re: effective communication in the County Jail including provision of auxiliary aids and services 

Letters of Findings

Philadelphia Police Department Letter of Findings (12/7/16)

• re: provision of auxiliary aids and services to ensure effective communication to arrestees, detainees, and victims of crime by police department

New York City Department of Corrections Letter of Findings (12/5/16)

• re: violations of Title II of the ADA by failing to consistently respond to requests for reasonable accommodations in a timely and adequate manner; by failing to place inmates with mobility impairments and visual impairments in accessible housing areas; by failing to provide inmates with mobility impairments with appropriate mobility devices and by failing to ensure that inmates with hearing impairments have equal access to telecommunications services

Baltimore Police Department Letter of Findings and Executive Summary (Resúmen Ejécutivo en español) (8/10/16)

• re: excessive force and discrimination against people with mental health disabilities or in crisis

Nevada Department of Corrections Letter of Findings (6/20/16)

• re: violations of Title II of the ADA through housing and employment policies and practices that have resulted in the segregation and stigmatization of inmates with HIV and the incarceration of inmates with disabilities for longer periods, in more restrictive settings, than inmates without disabilities

Florida Department of Corrections Letter of Findings (6/16/15)

• re: obligation of public entities receiving federal funding to permit the Department of Justice to conduct compliance reviews to enforce Section 504 of the Rehabilitation Act of 1973

Pennsylvania Department of Corrections Letter of Findings (2/24/14) and Closing Letter (4/14/16)

• re: use of long-term and extreme forms of solitary confinement on prisoners with serious mental illness, many of whom also have intellectual disabilities

Pennsylvania State Correctional Institution at Cresson Letter of Findings (5/31/13)

• re: violation of Title II of the ADA in denying many inmates with serious mental illness and intellectual disabilities the opportunity to participate in and benefit from a variety of correctional services and activities, such as classification, security, housing, and mental health services; providing unequal, ineffective, and different or separate opportunities; unlawful segregating and warehousing; failing to make individualized assessments; and failing to reasonably modify policies, practices, and procedure

U.S. v. South Carolina Dept. of Correction Letter of Findings (6/22/12)

• re: the integration of inmates with HIV into general population, addressing the conditions of confinement, and providing equal opportunity to participate in and benefit from all services, programs, and activities