University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Salinas v. City of New Braunfels PN-TX-0001
Docket / Court 06-0729 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Policing
Case Summary
On August 24, 2006, a citizen of New Braunfels with complete bilateral hearing loss filed a lawsuit in the Western District of Texas under the Americans With Disabilities Act and the Rehabilitation Act of 1973 against the City of New Braunfels. The plaintiff, represented by Advocacy, Inc., asked ... read more >
On August 24, 2006, a citizen of New Braunfels with complete bilateral hearing loss filed a lawsuit in the Western District of Texas under the Americans With Disabilities Act and the Rehabilitation Act of 1973 against the City of New Braunfels. The plaintiff, represented by Advocacy, Inc., asked the court for declaratory judgment, injunctive relief, and compensatory damages, claiming that no reasonable accommodations were made by emergency personnel, discriminatory practices by the city in their dealings with disabled persons.

Specifically, the plaintiff claimed that police and emergency responders willfully refrained from obtaining a qualified American Sign Language interpreter during a response and investigation of plaintiff's 911 call. According to the complaint, the plaintiff had returned home to find her boyfriend motionless on the couch and called 911. When police came to her home, they were completely unable to communicate to her what was happening, why they needed to search, what the process was, or to provide consent to the search.

From the time the complaint was filed through April 2, 2008, the parties engaged in discovery and interviews with various experts.

On May 9, 2008, the parties filed a joint motion to dismiss pursuant to an arbitration agreement. The plaintiff settled for $75,000 and a promise by the city to change its policies and enforce the changes with respect to accommodations for hearing impaired persons.

On May 14, 2008, Judge Xavier Rodriguez granted the joint motion to dismiss.

Andrew Steiger - 03/24/2014


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Issues and Causes of Action
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Issues
Disability
Hearing impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Communication skills
Grievance Procedures
Language/ethnic/minority needs
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) City of New Braunfels
Plaintiff Description Deaf citizen of New Braunfels, TX
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
SA-06-CA-0729-XR (W.D. Tex.) 05/14/2008
PN-TX-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Original Complaint 08/24/2006
PN-TX-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant City of New Braunfel's Motion to Dismiss 09/13/2006
PN-TX-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 12/18/2006 (557 F.Supp.2d 771) (W.D. Tex.)
PN-TX-0001-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant City of New Braunfels' Motion for Summary Judgment 01/03/2008
PN-TX-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/14/2008 (557 F.Supp.2d 777) (W.D. Tex.)
PN-TX-0001-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Motion in Limine 03/17/2008
PN-TX-0001-0010.pdf | Detail
Order Granting Plaintiff's Motion in Limine 03/17/2008 (W.D. Tex.)
PN-TX-0001-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/28/2008 (W.D. Tex.)
PN-TX-0001-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Mediated Settlement Agreement 05/13/2008
PN-TX-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 05/14/2008 (W.D. Tex.)
PN-TX-0001-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Rodriguez, Xavier (W.D. Tex.)
PN-TX-0001-0005 | PN-TX-0001-0008 | PN-TX-0001-0011 | PN-TX-0001-0012 | PN-TX-0001-0013 | PN-TX-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Crane, Thomas J. (Texas)
PN-TX-0001-0001 | PN-TX-0001-0010 | PN-TX-0001-9000
Griffin, John Jr. (Texas)
PN-TX-0001-0010 | PN-TX-0001-9000
Wood, Lucy D. (Texas)
PN-TX-0001-0001 | PN-TX-0001-0006 | PN-TX-0001-0010 | PN-TX-0001-9000
Defendant's Lawyers Frigerio, Charles S. (Texas)
PN-TX-0001-0002 | PN-TX-0001-0004 | PN-TX-0001-0006 | PN-TX-0001-9000
Saenz, Hector Xavier (Texas)
PN-TX-0001-9000
Other Lawyers None on record

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