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In 1994, a deaf inmate incarcerated at the Chester County Prison filed a complaint with the Department of Justice under Title II of the Americans with Disabilities Act (ADA). That inmate alleged that Chester County Prison had not provided him with an interpreter for group therapy sessions and disciplinary hearings. The inmate's mother, who was mobility-impaired, also alleged that the visiting area was not accessible to people unable to climb two flights of stairs. She claimed that the prison did not allow visitors to use the elevator because it was in the inmates' part of the building. After receiving the complaint, the United States Department of Justice exercised its authority under the ADA, 42 U.S.C. §§ 12131-12134, and 28 C.F.R. Part 35, Subpart F, to investigate the inmate's allegations.
On September 12, 1996, the Disability Rights Section of the United States Department of Justice Civil Rights Division and the Chester County Prison signed a non-court settlement agreement. The parties acknowledge that a prison is a "public entity" under the ADA's implementing rules. Under the terms of the settlement, the prison agreed to provide deaf inmates with interpreters or an equally effective alternative upon the inmate's request. An inmate who desired an interpreter was required to request one 24-hours in advance. The prison also agreed to allow visitors with physical disabilities to use the elevator, which would be prominently marked with signs. Although the United States agreed not to pursue the investigation or commence litigation in exchange for these concessions, the United States retained the right to file a lawsuit if the prison failed to abide by the settlement. We have no record of any subsequent lawsuit.
Summary Authors
Kristen Sagar (6/11/2007)
Magagna, Joan A. (District of Columbia)
Perley, Sharon N. (District of Columbia)
Wodatch, John L. (District of Columbia)
Wolfson, Robb (District of Columbia)
McFadden, D. Edward (Pennsylvania)
Last updated Aug. 30, 2023, 2:43 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Key Dates
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
United States Department of Justice
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Chester County Prison (West Chester, Chester), County
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 1996 - None
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions:
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: