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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.
Summary Authors
Dan Dalton (9/17/2007)
Kelley, David N. (New York)
Schilling, Andrew W. (New York)
LaGreca, Linda (New York)
Last updated Aug. 30, 2023, 1:38 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
U.S. Department of Justice
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
New York City Department of Correction (New York), City
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2004 - 2007
Issues
General:
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Affected Sex or Gender:
Type of Facility: