On March 10, 2009, Plaintiff filed a civil rights action against the Texas Department of Criminal Justice (TDCJ) under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Chapter 121 of the Texas Human Resources Code, in the U.S. District Court Simeon ...
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On March 10, 2009, Plaintiff filed a civil rights action against the Texas Department of Criminal Justice (TDCJ) under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Chapter 121 of the Texas Human Resources Code, in the U.S. District Court Simeon for the Southern District of Texas, Houston Division. Plaintiff is a person with a physical disability that causes a hearing impairment. Because TDCJ's facility did not provide accommodations for him, and other persons with hearing disabilities, Plaintiff claimed that the lack of accommodations denied him the ability to participate in TDCJ's inmate visitation program. Represented by attorneys from the Texas Civil Rights Project, Plaintiff asked the Court for declaratory and injunctive relief, attorneys' fees, costs, and litigation expenses against Defendant TDCJ. District , presided over the case.
Plaintiff's complaint was later amended on June 03, 2009. On September 24, 2010, both parties filed motions for summary judgment. On December 2, 2010, in a published opinion, the Court (Judge Simeon Timothy Lake, III) granted Plaintiff's motion for summary judgment in part and denied it in part. Judge Lake ruled that the undisputed facts showed that TDCJ discriminated against Plaintiff based on his disability by failing to provide simple, inexpensive accommodation, such as allowing Plaintiff to conduct his visits in an attorney visit booth, or placing a low-cost volume amplifier in the telephones. Judge Lake noted that TDCJ failed to present any evidence whatsoever that accommodating Plaintiff would impose any significant financial or administrative burden.
On January 04, 2011, TDCJ filed a motion for reconsideration. Judge Lake denied the motion for reconsideration on January 24, 2011. Four days later, Judge Lake issued an order approving a settlement between the parties. On May 24, 2011, after a settlement was completed, the case was dismissed with prejudice. The terms of the settlement are not available.Xin Chen - 10/11/2011