On March 31, 2015, three prisoner-plaintiffs filed this putative class action lawsuit against the Michigan Department of Corrections (MDOC), alleging that MDOC was discriminating against them and other deaf and hard of hearing prisoners. The case was filed in the U.S. District Court for the Eastern District of Michigan, and was assigned to Judge Sean Cox. The plaintiffs were represented by Michigan Protection and Advocacy, the Washington Lawyers' Committee and private counsel.
The plaintiffs alleged that MDOC consistently failed to provide them with effective communication, depriving them of full participation in prison programs, services and activities including visitation, religious activities, and disciplinary and parole proceedings. They also alleged that since they couldn't hear guards’ orders, they were sometimes unable to obey prison regulations and were then unfairly disciplined. The plaintiffs alleged that this treatment violated the Americans with Disabilities Act, the Rehabilitation Act, and the Religious Land Use and Institutionalized Persons Act. They also alleged that the absence of devices enabling them to communicate with their families and others violated their Free Speech rights under the First Amendment.
The defendant sought summary judgment on May 1, 2015. On October 30, 2015, the magistrate judge filed a Report and Recommendation to deny the motion. The court adopted this Report and Recommendation with an order denying the defendant's motion for summary judgment on March 24, 2016. 2016 WL 1156740.
On March 17, 2017, the defendant and plaintiffs filed separate motions for summary judgment. On June 30, 2017, the magistrate judge filed a Report and Recommendation to certify the plaintiffs' class. The court adopted this recommendation and certified the class as "all deaf and hard of hearing individuals in the custody of MDOC (whether now or in the future), who require[d] hearing-related accommodations, including but not limited to interpreters, hearing devices, or other auxiliary aids or services, to communicate effectively and/or to access or participate in programs, services, or activities available to individuals in the custody of MDOC.” with an order filed on July 20, 2017. 2017 WL 3085785. The court granted in part and denied in part the plaintiffs' motion for summary judgment and denied the defendant's motion for summary judgment on March 9, 2018.
The court (Judge Cox) accepted the recommendations of Magistrate Judge Grand and found that the devices that the defendant provided to the plaintiffs failed to meet the standard of reasonable accommodation. The court also adopted the recommendations, finding summary judgment on the plaintiffs' ADA and Rehabilitation Act claims, and agreed that a training program would be appropriate as well. Judge Cox ordered the defendant to make videophones available to all deaf and hard of hearing inmates, provide necessary auxiliary aids for deaf and hard of hearing inmates to equally participate in prison programs and services, including access to ASL interpreters, mandatory training for officers and staff on how to interact with deaf and hard of hearing inmates, and appropriate compliance monitoring. The court denied summary judgment claims based on the defendant's classification of deaf and hard of hearing prisoners. 294 F. Supp. 3d 695.
Both parties filed a joint motion for preliminary approval of a class action settlement to resolve remaining claims on September 26, 2018. The settlement agreement included terms requiring MDOC to provide certain accommodations for the plaintiffs and all other current and future class members, appointing a monitor to oversee enforcement of the settlement, and mandating that MDOC pay $1.3 million for plaintiffs’ attorneys’ fees and costs. In particular, MDOC would be required to provide hearing assessments, adequately accommodated facilities, communication technology, and auxiliary aids and services necessary to allow the class members to access MDOC services, programs, and activities. The agreement would also require MDOC to install non-auditory notification systems and develop and implement new procedures regarding the accommodations for MDOC guards and staff.
On January 15, 2019, the court granted the motion for preliminary approval of the settlement agreement and set a fairness hearing for March 21, 2019. After the hearing, the court issued an order granting the parties' joint motion for final approval of the settlement. The settlement is set for enforcement until 2021.
Sarah Prout - 09/04/2015
Katie Chan - 10/27/2017
Elizabeth Heise - 10/30/2018
Nathan Santoscoy - 04/19/2019
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