On May 29, 2008, three prisoners with mobility impairments housed in Los Angeles County jail facilities filed a lawsuit under the Americans with Disabilities Act (42 U.S.C. §§12131 et seq.) and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794 et seq.) in the U.S. District Court for the Central District of California, challenging discrimination against people with disabilities in the Los Angeles County jail system. The plaintiffs, represented by private counsel, the Disability Rights Legal Center, and the American Civil Liberties Union of Southern California, asked the court for declaratory and injunctive relief as well as attorney’s fees, on the grounds that the County of Los Angeles and the Los Angeles Sheriff’s Department did not provide an acceptable level of access, services, or accommodations to people with disabilities in the jails.

The plaintiffs specifically contend that while being processed there were no accessible bathroom facilities, and that once they were housed in the jail they were denied physical therapy and outdoor exercise, along with not being allowed to participate in most jail programs. They alleged as well that the jails fail to provide access features in bathrooms such as grab bars in the showers or toilets. Wheelchairs are rarely provided for disabled inmates and, if they are provided, are in a state of disrepair. Finally, the plaintiffs allege that prisoners' required medications are given inconsistently.

On June 09, 2008, the plaintiffs moved to certify the class and for a preliminary injunction. On August 13, 2008, the parties agreed to take the pending motions for preliminary injunction and class certification temporarily off calendar, to stay the proceedings, and to engage in settlement negotiations. On December 12, 2008, due to the lack of response from the defendants, the plaintiffs filed a request for lift of stay. On June 08, 2009, the court ordered that the stipulated stay would automatically expire on July 09, 2009.

On June 10, 2010, the plaintiffs filed their first amended complaint. On November 12, 2010, the plaintiffs refiled its motion for class certification. As of July 24, 2012, the parties are conducting expert discovery with a preliminary close to that discovery set for February 2013.

Xin Chen - 04/19/2012


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