Press Release: Colorado Department of Corrections Ordered to Provide Videophones to Deaf Prisoners.

For Immediate Release Thursday, September 19, 2019   COLORADO DEPARTMENT OF CORRECTIONS ORDERED TO PROVIDE VIDEOPHONES TO DEAF PRISONERS Ruling comes three years after prisoner-initiated lawsuit filed. DENVER — A Denver federal court yesterday ordered the Colorado Department of Corrections (CDOC) to provide videophones for Deaf prisoners.  This order ensures that Deaf prisoners will be able to communicate with their family and friends in sign language. The order comes after three years of litigation initiated pro se by lead plaintiff Bionca Rogers. Ms. Rogers, a prisoner in the Denver Women’s Correctional Facility (DWCF), can hear, but her mother is Deaf. Before Ms. Rogers was incarcerated, she and her mother communicated by videophone – the now-widespread technology providing telecommunications for deaf people who communicate in sign language. In late 2015, after arriving at DWCF, Ms. Rogers asked to contact her mother – guardian of her two young children – by videophone.  CDOC refused, and told Ms. Rogers that she would have to use the teletypewriter, or TTY, 60-year-old technology that requires both parties to have TTY machines, and to type back and forth to each other. Since her mother – like most Deaf people – did not own a TTY, this required a three-step relay process:  Ms. Rogers typed into the TTY; a TTY relay operator spoke her words to a video relay operator; who then interpreted them into ASL.  When Ms. Rogers’s mother responded, the three-step process was repeated in reverse. Because this is a very ineffective way of communicating – in no way equivalent to hearing prisoners speaking by phone with hearing friends and family – Ms. Rogers...

Who is impacted by ICE’s disregard of medical, mental health, and disability needs of detained immigrants? Too many people. CREEC and others are working to put an end to it.

A refugee from Sudan, Hamida Ali has a mental disability and a history of suicide attempts. Despite this, Ms. Ali was left in a dorm by herself with no other detained individuals or guards for nine months, exacerbating her symptoms.   Edilberto Garcia Guerrero experiences chronic headaches and pain in his neck, shoulder, ear, and eye. He also has diminished vision and hearing. These all stem from an assault he suffered in ICE custody and have not been addressed by medical staff. Mr. Guerrero previously had reconstructive ankle surgery after falling off a roof. He fell in ICE custody while in ankle cuffs, causing the breakage or dislocation of screws from his previous surgery. Mr. Guerrero is still waiting for surgery. These are just two people among the 15 individual plaintiffs and two organizational plaintiffs, Al Otro Lado and Inland Coalition for Immigrant Justice, named in a nationwide federal class action lawsuit filed on August 19, 2019 by  CREEC, Disability Rights Advocates (DRA), the Southern Poverty Law Center (SPLC), and Orrick, Herrington, & Sutcliffe, LLP. And our plaintiffs are not alone in suffering at the hands of ICE and their contractors. On any given day, about 55,000 people are being held in ICE custody.  Last year, ICE detained a total of almost 400,000 immigrants. The Trump administration has funneled record numbers of immigrants into ICE prisons across America, subjecting thousands of men and women to in horrific, inhumane conditions in repurposed prisons and jails. These men and women are asylum seekers, longtime American residents, military veterans, teenagers, and refugees, among others. “In two years of investigating conditions for people...

Press Release: Civil Rights Groups Charge that ICE Disregards Immigrants’ Medical, Mental Health Needs and Ignores Discrimination Against Immigrants with Disabilities

FOR IMMEDIATE RELEASE August 19, 2019 Civil Rights Groups Charge that ICE Disregards Immigrants’ Medical, Mental Health Needs and Ignores Discrimination Against Immigrants with Disabilities New Nationwide Class Action Lawsuit Highlights Abusive Isolation, Horrific Medical and Mental Health Care, and Denial of Accommodations to and Discrimination Against Detained Immigrants with Disabilities Los Angeles —A nationwide class action lawsuit was filed today against the U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security (DHS), and others acting in their official capacities.  The lawsuit challenges the federal government’s failure to ensure detained immigrants receive appropriate medical and mental health care, its punitive use of segregation in violation of the Fifth Amendment of the U.S. Constitution, and its failure to ensure that detained immigrants with disabilities are provided accommodations and do not face discrimination as required by Section 504 of the Rehabilitation Act of 1973. The lawsuit was filed by Civil Rights Education and Enforcement Center (CREEC), Disability Rights Advocates (DRA), the Southern Poverty Law Center (SPLC), and Orrick, Herrington & Sutcliffe LLP in the U.S District Court for the Central District of California. The lawsuit was brought on behalf of 15 individuals detained at eight different facilities in six states, representing a class of approximately 55,000 immigrants imprisoned by ICE on any given day, and two nonprofit organizations, Al Otro Lado and the Inland Coalition for Immigrant Justice (ICIJ). The lawsuit challenges ICE’s systemic failures to enforce constitutional and statutory requirements at the approximately 158  facilities across the country where people in immigrant detention are held, resulting in the delay and outright denial of medical care, the punitive use...

Accessibility Project Update: Rights of Disabled Inmates

CREEC is pleased to announce a new resource called Inmates with Disabilities: Know Your Rights.  This resource provides an overview of the rights of disabled inmates and gives examples of potential violations. Please share it with anyone who may benefit from it. We greatly appreciate the work of our summer intern, Jordan Staley, on this project and wish him all the best as he begins his third year at Denver Law. A more detailed discussion of the rights of disabled inmates follows below. Applicable Laws Title II of the Americans with Disabilities Act (ADA)[1] and Section 504 of the Rehabilitation Act (Section 504)[2] protect people, including inmates of jails and prisons, from disability discrimination. This means jails and prisons[3] must not discriminate against inmates because of their disability and must give disabled inmates equal access to the programs, services, and benefits of the facility. So, for example, a jail cannot provide classes only in a building that is physically inaccessible to wheelchair users. Similarly, prisons cannot segregate blind inmates by automatically housing all of them in the medical unit.  Individuals with a relationship or association with a disabled person are also protected by these federal laws. So, jails and prisons also cannot discriminate against family members and friends of disabled inmates or disabled family members and friends of nondisabled inmates. Changes Needed Due to Disability Sometimes disabled inmates need the facility to make a change to allow them to fully participate in its programs, services, or benefits. The ADA and Section 504 require prisons and jails to make such changes (referred to as accommodations or modifications) as long as...

Deaf Inmate Access to Phone Calls

Connecting with family and friends outside prison can be difficult and expensive for all inmates.  However, once they’ve navigated the prison’s red tape and are able to make a call, hearing inmates can directly communicate with their contacts outside the prison. That is not the case for deaf inmates.  Many jails and prisons across the country offer only outdated and ineffective technology to people who are deaf.  Along with partners including the National Association of the Deaf (NAD), CREEC is working to make sure deaf inmates have effective communication in prisons across the country.  This includes access to effective phone calls, including videophones and CapTel (captioned phones). For deaf people whose primary language is American Sign Language (ASL) or another sign language, videophones are necessary for effective phone communication.  Videophones (VPs) allow deaf inmates to communicate in sign language with those outside prison, including friends, family, and attorneys.  When a deaf inmate uses VP to call a deaf person outside prison, there is direct communication in sign language.  When a deaf inmate uses VP to call a hearing person outside prison, the deaf inmate can communicate in sign language through a relay operator who is a sign language interpreter. Although deaf inmates need VP for effective communication, most prisons only provide teletypewriters (TTY), an outdated technology that requires the parties to type back and forth in English (generally the second language for most deaf people). As one expert explained, “consider the prisoner outrage that would result from a . . . policy . . . require[ing] all prisoners to communicate. . . only by using fax machines.  Communication via...

Education Report:  Sign Language Interpreters in Medical Settings

Imagine getting sick in, say, rural China. You’ve studied a bit of Chinese and decided to travel there. Then your stomach starts to hurt. A lot. No one at the hospital — from doctors to receptionists — speaks English, so when you try to communicate your symptoms in English, no one understands. They talk to you in Chinese and you understand the basics:  lie down here; where does it hurt? But you need to tell them your medical history; they need to tell you their diagnosis and proposed treatment. Now imagine you’ve come to the hospital in extreme pain, or severely injured in a car accident, or in labor. This is the experience Deaf people encounter every day in their own country in hospitals and doctors’ offices:  they need to explain their symptoms and history and to understand their diagnosis and treatment options in their native language — American Sign Language (ASL) — while medical personnel attempt to communicate with them using written notes or lip reading.  Since ASL is a completely different language from English — and the latter generally a second language for most Deaf people — this puts the Deaf patient in the same situation as the traveler above.  And written notes? Even if you’re fluent in English, imagine conducting your next doctor’s appointment — or emergency room visit or childbirth — by writing notes back and forth with doctors, nurses, and technicians; now imagine (if you’re native English speaker) writing back and forth in French or Russian. Imagine being a doctor and trying to obtain informed consent under these circumstances. Medical personnel should be insisting...