University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name David v. Indiana Department of Correction PC-IN-0020
Docket / Court 1:12-cv-00001-JMS-MJD ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Prison Conditions
Attorney Organization ACLU Chapters (any)
Case Summary
On January 3, 2012, a deaf prisoner filed a lawsuit against the Indiana Department of Correction in the United States District Court for the Southern District of Indiana. Represented by the ACLU of Indiana, the plaintiff filed his suit under 42 U.S.C. § 1983, the Rehabilitation Act and the ... read more >
On January 3, 2012, a deaf prisoner filed a lawsuit against the Indiana Department of Correction in the United States District Court for the Southern District of Indiana. Represented by the ACLU of Indiana, the plaintiff filed his suit under 42 U.S.C. § 1983, the Rehabilitation Act and the Americans with Disabilities Act, alleging that he was only allowed access to a TTY telephone during working hours or after-hours by making a written request for access while other prisoners had unlimited daily access to telephones from 6 am to 11 pm, seven days a week. In addition, the plaintiff's phone calls were restricted to a length that is not comparable to the length of time allowed to the prisoners who were not hearing impaired. He asked the court for declaratory and injunctive relief.

The parties negotiated a settlement agreement, and on March 5, 2012, Judge Jane Magnus-Stinson dismissed the case according to the plaintiff's voluntary dismissal. We do not have a copy of the settlement agreement.

Jessica Kincaid - 02/27/2015


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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)
General
TTY/Close Captioning/etc.
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Indiana Department of Correction
Plaintiff Description Deaf prisoner
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2012
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
1:12-cv-00001-JMS-MJD (S.D. Ind.) 03/05/2012
PC-IN-0020-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 01/03/2012
PC-IN-0020-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Magnus-Stinson, Jane Elizabeth (S.D. Ind.) [Magistrate]
PC-IN-0020-9000
Monitors/Masters None on record
Plaintiff's Lawyers Falk, Kenneth J. (Indiana)
PC-IN-0020-0001 | PC-IN-0020-9000
Defendant's Lawyers Bowker, Laura Lee (Indiana)
PC-IN-0020-9000
Joel, Kenneth Lawson (Indiana)
PC-IN-0020-9000
Other Lawyers None on record

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