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Civil Rights Litigation Clearinghouse
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Case Name Jarboe v. Maryland Department of Public Safety and Correctional Services PC-MD-0012
Docket / Court 1:12-cv-00572-ELH ( D. Md. )
State/Territory Maryland
Case Type(s) Prison Conditions
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Washington Lawyers' Committee
Case Summary
On February 23, 2012, five Maryland state prisoners who are deaf filed a class-action lawsuit in the United States District Court for the District of Maryland against the Maryland Department of Public Safety and Correctional Services and other state entities under 42 U.S.C. § 1983. Represented by ... read more >
On February 23, 2012, five Maryland state prisoners who are deaf filed a class-action lawsuit in the United States District Court for the District of Maryland against the Maryland Department of Public Safety and Correctional Services and other state entities under 42 U.S.C. § 1983. Represented by private counsel, the U.S. Department of Justice, and the Washington Lawyers Committee for Civil Rights and Urban Affairs, plaintiffs alleged violations of the Americans with Disabilities Act, the Rehabilitation Act, and the right to free speech guaranteed by the First Amendment. Specifically, the plaintiffs alleged that the defendants refused to provide the proper interpretive services, videophones, and other hearing devices. Plaintiffs sought injunctive relief and damages.

On March 13, 2013, Judge Ellen Hollander issued an opinion and an order denying the defendants' motion to dismiss or for summary judgment. Judge Hollander also denied the defendants' motion to dismiss for failure to exhaust administrative remedies. Jarboe v. Maryland Dep't of Pub. Safety & Corr. Servs., 2013 WL 1010357 (D. Md. Mar. 13, 2013).

The parties entered into settlement talks and had several settlement conferences. Subsequently, the parties reached a tentative agreement. On February 20, 2015, Judge Hollander dismissed the case without prejudice to the parties' rights to reopen the case if the settlement agreement is not consummated.

Jessica Kincaid - 03/15/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Defendant-type
Jurisdiction-wide
Disability
Hearing impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
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
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Maryland Correctional Enterprises
Maryland Correctional Institution, Jessup
Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning (Correctional Education)
Maryland Department of Public Safety and Correctional Services
Maryland Division of Corrections
Western Correctional Institution
Plaintiff Description Maryland state prisoners who are deaf
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Washington Lawyers' Committee
Class action status sought Yes
Class action status granted Moot
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 2015
Case Ongoing Unknown
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-00572-ELH (D. Md.) 03/09/2015
PC-MD-0012-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 02/22/2012
PC-MD-0012-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/13/2013 (D. Md.)
PC-MD-0012-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion 03/13/2013 (2013 WL 1010357) (D. Md.)
PC-MD-0012-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hollander, Ellen Lipton (D. Md.)
PC-MD-0012-0002 | PC-MD-0012-0003 | PC-MD-0012-9000
Monitors/Masters None on record
Plaintiff's Lawyers Champaign, Lauren (District of Columbia)
PC-MD-0012-9000
Edmondson, Joseph Dowell Jr. (District of Columbia)
PC-MD-0012-0001 | PC-MD-0012-9000
Finkenstadt, Ivy (Virginia)
PC-MD-0012-0001 | PC-MD-0012-9000
Gardner, Elizabeth [Elaine] Elaine (District of Columbia)
PC-MD-0012-9000
Golden, Deborah Maxine (District of Columbia)
PC-MD-0012-9000
Patkin, Debra (California)
PC-MD-0012-0001
Whyte de Vasquez, Megan Kathleen (District of Columbia)
PC-MD-0012-9000
Defendant's Lawyers Gatewood, Nichole' C (Maryland)
PC-MD-0012-9000
Gordon, Rex Schultz (Maryland)
PC-MD-0012-9000
Gunther, M Willis (Maryland)
PC-MD-0012-9000
Lord, Christopher Bowie (Maryland)
PC-MD-0012-9000
Meloy, Dorianne Avery (Maryland)
PC-MD-0012-9000
Weber, Stephanie Judith Lane (Maryland)
PC-MD-0012-9000
Other Lawyers None on record

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