On August 28, 2007, the plaintiffs filed a complaint under the Americans With Disabilities Act in the U.S. District Court for the District of Colorado against the City and Couty of Denver. The complaint alleged that three deaf individuals, whose primary means of communication was American Sign Language, were denied interpreters and other accomodations at the County jail, resulting in the death of one of the individuals.

None of the plaintiffs were fluent in spoken or written English. Regarding Plaintiff V., the complaint alleged that the jail had no policy to evaluate the mental health of deaf inmates. Plaintiff V. had asked to speak to administrators but was denied. The defendants never provided him with an interpreter. He eventually hung himself in his cell and died from the injuries.

Plaintiff K. repeatedly asked for an interpreter but was denied. He was not provided an interpreter in court or in a hospital where he was taken before going to jail. He had medical needs but was unable to communicate effectively with the hospital staff.

Plaintiff B. was arrested in her home. She tried to explain to officers that she was had diabetes and needed supplies but they were unable to understand her and refused to provide an interpreter. At the jail, she was not given an interpreter. Her blood sugar became dangerously low. She tried her best to communicate that she needed medical treatment, but she did not receive any. Eventually, an officer managed to understand her and provided a glucose meter, which indicated that her blood sugar was dangerously low. Ms. Burke asked for food to raise her blood sugar but the officer said there was none available. Eventually, the jail released Ms. Burke. She was unable to secure a ride because of an inability to communicate and she narrowly escaped an assault while walking home. The plaintiffs sought a declaratory, injunctive, and monetary relief.

On September 17, 2009, the defendants moved for summary judgment. On September 30, 2010 the United States District Court for the District of Colorado granted in part and denied in part the defendants' motion for summary judgment. The district court denied the defendants' motion as to plaintiffs' claims based on violations of the Rehabilitation Act and the American with Disabilities Act, dismissed the constitutional claims, and denied the motion for summary judgment as to the state negligence and wrongful death claims.

As of July 19, 2012 it appears that the parties are preparing to go to trial on the remaining claims.

Gregory Pitt - 07/19/2012


compress summary