Filed Date: Jan. 3, 2012
Closed Date: March 5, 2012
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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.
Summary Authors
Jessica Kincaid (2/27/2015)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62844842/parties/david-v-commissioner-indiana-department-of-correction/
Magnus-Stinson, Jane Elizabeth (Indiana)
Falk, Kenneth J. (Indiana)
Bowker, Laura Lee (Indiana)
Joel, Kenneth Lawson (Pennsylvania)
Magnus-Stinson, Jane Elizabeth (Indiana)
See docket on RECAP: https://www.courtlistener.com/docket/62844842/david-v-commissioner-indiana-department-of-correction/
Last updated April 15, 2024, 3:15 a.m.
State / Territory: Indiana
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Jan. 3, 2012
Closing Date: March 5, 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Deaf prisoner
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Indiana Department of Correction, State
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
General:
TTY/Close Captioning/Videophone/etc.
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: