Michigan Department of Corrections Facing Class Action Disability Lawsuit

3 Cheers to MPAS!

http://goo.gl/OkG6M8

The Michigan Department of Corrections (MDOC) unfairly discriminates against and denies equal treatment to prisoners who are deaf or hard of hearing in violation of the Americans with Disabilities Act, the Rehabilitation Act, the Religious Land Use and Institutionalized Persons Act, and the First and Fourteenth Amendments of the Constitution of the United States, according to a class action law suit filed in U.S. District Court today by  Michigan Protection & Advocacy Service, Inc. (MPAS), Washington Lawyers' Committee for Civil Rights and Urban Affairs, and the law firms Covington & Burling and Kitch Drutchas Wagner Valitutti & Sherbrook. The class action lawsuit, filed by three current prisoners housed within MDOC facilities, seeks injunctive and declaratory relief on behalf of a class of all deaf or hard of hearing persons who are, or will be, confined in Michigan's prisons.

"The Michigan Department of Corrections has failed or refused to provide necessary accommodations and assistance in a consistent and comprehensive manner," said Chris Davis, MPAS Attorney. "As a result, it has violated the prisoners' rights by infringing on their ability to communicate with loved ones, participate in medical and mental health care as well as religious and various other programs."

The lawsuit explains that, as a result of MDOC not providing adequate accommodations and assistance to deaf and hard of hearing inmates, the inmates are unable to adequately maintain contact with loved ones; have access to educational opportunities (including academic classes, vocational training, and other programs) offered to prisoners; access necessary medical care; participate in religious services; or access telephone and television services.  The lawsuit further explains that deaf and hard of hearing inmates are improperly disciplined and their safety is jeopardized by MDOC. It emphasizes that as a result of MDOC's numerous legal violations, deaf and hard of hearing inmates are forced to serve their time largely isolated from, and are unable to effectively communicate with, other individuals.