University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name In re: DOJ investigation of the New York City Department of Correction JC-NY-0051
Docket / Court No Court Case ( No Court )
State/Territory New York
Case Type(s) Disability Rights-Pub. Accom.
Jail Conditions
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In 2004, the U.S. Attorney for the Southern District of New York received a complaint from an inmate in the custody of the New York City Department of Correction ("DOC") alleging that DOC violated Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131 et seq.. ... read more >
In 2004, the U.S. Attorney for the Southern District of New York received a complaint from an inmate in the custody of the New York City Department of Correction ("DOC") alleging that DOC violated Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131 et seq.. Specifically, the inmate alleged that the DOC did not have a designated employee responsible for the coordination of ADA compliance as required by law and refused to provide the inmate with the name of any such person. After the complaint was investigated, the government and the DOC resolved the complaint by entering into a Voluntary Compliance Agreement. By the terms of the Agreement, which was entered on August 5, 2004, the DOC was to hire a full-time employee as the "Disability Rights Coordinator for Inmates." The Coordinator was to be responsible for assuring ADA compliance and was charged with investigating and resolving all inmate ADA complaints or requests for reasonable accommodations by disabled inmates. In addition to hiring an ADA coordinator, the DOC also agreed to appoint Disability Rights Facility Contact Persons at each jail facility. The DOC agreed to publish the names of those employees and to adopt and publish grievance procedures to be utilized by inmates regarding disability claims.

Monitoring of compliance was to be achieved by the submission of a yearly report to the DOJ of all actions taken by the Disability Rights Coordinator for Inmates. The Agreement was to last for three years from its effective date.

We have no information regarding actions taken after entry of the Agreement or whether the Agreement has been terminated.

Dan Dalton - 09/17/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Grievance Procedures
Staff (number, training, qualifications, wages)
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) New York City Department of Correction
Plaintiff Description U.S. Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2004 - 2007
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
No docket sheet currently in the collection
General Documents
Voluntary Compliance Agreement 08/04/2004
JC-NY-0051-0001.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Kelley, David N. (New York)
JC-NY-0051-0001
Schilling, Andrew W. (New York)
JC-NY-0051-0001
Defendant's Lawyers LaGreca, Linda (New York)
JC-NY-0051-0001
Other Lawyers None on record

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