University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Rodriguez v. County of El Paso JC-TX-0023
Docket / Court 3:11-cv-00389 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Disability Rights-Pub. Accom.
Jail Conditions
Case Summary
This jail conditions case was brought in December 2011 by a deaf man who speaks American Sign Language and has little or no ability to lip read. He has very limited ability to read or write in either Spanish or English. On March 2011, he was arrested and detained by El Paso County Sheriff's ... read more >
This jail conditions case was brought in December 2011 by a deaf man who speaks American Sign Language and has little or no ability to lip read. He has very limited ability to read or write in either Spanish or English. On March 2011, he was arrested and detained by El Paso County Sheriff's deputies and taken to the Downtown Detention Facility. His repeated requests for an interpreter were ignored. Late that night, he was driven to a store and approached by a woman whom the officers described as a judge. He again requested an interpreter and again was ignored.

The following day, the plaintiff was placed in the Annex jail, where he was imprisoned with no explanation for 11 days. He was handcuffed and unable to use the old and malfunctioning TTY/TDD phone.

Plaintiff, represented by the Paso Del Norte Civil Rights Project and other attorneys, filed a lawsuit in the United States District Court for the Western District of Texas, claiming his treatment violated the Texas Human Resources Code, § 121.003(a), the Americans With Disabilities Act and Section 504 of the Rehabilitation Act. He sought declaratory, injunctive and monetary relief.

According to the docket, the parties stipulated to dismissal of the case after reaching a settlement on July 6, 2012. Although the settlement is not publicly available, according to reports, videophones have now been installed at the jails.

Denise Heberle - 07/24/2012


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Issues and Causes of Action
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Issues
Defendant-type
Corrections
Disability
Hearing impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
Language discrimination
General
Disparate Treatment
Language/ethnic/minority needs
TTY/Close Captioning/etc.
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Declaratory Judgment Act, 28 U.S.C. § 2201
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
State law
Defendant(s) County of El Paso, Texas
Plaintiff Description a man with a hearing disability
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 Unknown
Source of Relief Settlement
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2012
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
3:11-cv-00389-FM (W.D. Tex.) 07/12/2012
JC-TX-0023-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's First Amended Complaint 01/12/2012
JC-TX-0023-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Montalvo, Frank (W.D. Tex.)
JC-TX-0023-9000
Monitors/Masters None on record
Plaintiff's Lawyers Alehashem, Amin (Texas)
JC-TX-0023-9000
Benoit, Christopher (Texas)
JC-TX-0023-0001
Berra, Joseph Pacifico (Texas)
JC-TX-0023-0001 | JC-TX-0023-9000
Harrington, James C (Texas)
JC-TX-0023-0001 | JC-TX-0023-9000
Krause, Wayne Nicholas (Texas)
JC-TX-0023-0001 | JC-TX-0023-9000
Defendant's Lawyers Kaplan, Ian Russell (Texas)
JC-TX-0023-9000
Other Lawyers None on record

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