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Case Name Prisoner A v. State of Vermont PC-VT-0006
Docket / Court 2:15-cv-00221 ( D. Vt. )
State/Territory Vermont
Case Type(s) Mental Health (Facility)
Prison Conditions
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On October 15, 2015, a prisoner in the state of Vermont filed this lawsuit in the U.S. District Court of Vermont. The plaintiff sued the state of Vermont, the Agency of Human Services, the Department of Corrections, the Department of Mental Health, and the Department of Aging and Independent Living ... read more >
On October 15, 2015, a prisoner in the state of Vermont filed this lawsuit in the U.S. District Court of Vermont. The plaintiff sued the state of Vermont, the Agency of Human Services, the Department of Corrections, the Department of Mental Health, and the Department of Aging and Independent Living under 42 U.S.C. § 12182. The plaintiff, represented by Disability Rights Vermont, asked the court for declaratory, injunctive, compensatory, and punitive relief. The plaintiff claimed that his continued incarceration violated Title II of the ADA and the “Integration Mandate” of the ADA. He also claimed that placement in his conditions constituted a violation of the rehabilitation act and a violation of the Vermont Fair Housing and Public Accommodations Act.

Specifically, the plaintiff claimed that he had served his minimum sentence as of July 13, 2013 but he continued to be held at Southern State Correctional Facility because the defendants failed to implement disability-related support in the community. Without the support in the community, the plaintiff is at risk for continued unnecessary and harmful institutionalization. Also, had the plaintiff been placed in the most integrated setting possible, he would not have experienced exacerbated mental, emotional, and physical trauma, which included a significant suicide attempt. The plaintiff endured unnecessary pain and suffering and a continuing violation of his civil rights in the form of disability-based discrimination.

The parties conducted discovery and had an Early Neutral Evaluation meeting in which a full settlement was reached. On June 7, 2016, Judge William Sessions dismissed the case according to the private settlement and ordered to reopen the action if the settlement is not consummated.

Stephanie Benjamini - 10/23/2016


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Issues and Causes of Action
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Issues
Defendant-type
Corrections
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Conditions of confinement
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) State of Vermont
Plaintiff Description Prisoner in Southern State Correctional Facility in Springfield, Vermont
Class action status sought Unknown
Class action status granted Moot
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Case Ongoing No
Additional Resources
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  Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Date: Jun. 4, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
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
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:15−cv−00221−wks (D. Vt.)
PC-VT-0006-9000.pdf | Detail
Date: 10/15/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint [ECF# 1]
PC-VT-0006-0002.pdf | Detail
Date: 10/15/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Sessions, William K. III (D. Vt.)
PC-VT-0006-9000
Plaintiff's Lawyers Ruben, Arthur J. (Vermont)
PC-VT-0006-0002 | PC-VT-0006-9000
Defendant's Lawyers Groff, David R (Vermont)
PC-VT-0006-9000

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