Filed Date: April 20, 2012
Closed Date: 2014
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On April 20, 2012, a deaf prisoner incarcerated at a facility managed by the Oregon Department of Corrections filed this lawsuit in the Circuit Court of Oregon. The plaintiff sued the Oregon Department of Corrections under the Americans with Disabilities Act. The plaintiff, represented by private counsel, sought declaratory judgement, $900,000 in damages, and injunctive relief requiring the Department of Corrections to provide future assistance. The plaintiff claimed that the Department of Corrections discriminated against him because of his disability, denied him employment opportunities, retaliated against the plaintiff for initiating litigation, negligently breached its duty to plaintiff, and violated the plaintiff’s constitutional right to present and file grievances as provided by Article 1, Section 8 of the Oregon Constitution. Judge David Rees supervised the proceedings.
Plaintiff based his claims on a number of incidents that occurred at the Coffee Creek Correctional Facility and the Columbia River Correctional Institution. Plaintiff alleged that he was never provided a qualified interpreter. This resulted in his inability to fully communicate or ask questions during orientation, medical examinations, Alcoholics Anonymous meetings, religious services, and educational classes. Plaintiff also alleged that he was denied employment opportunities resulting in a decreased opportunity to earn points for use at the prison store. Instead of working at the recycling plant as he desired, plaintiff was assigned to clean toilets. Plaintiff filed a Grievance Form as a result of this denial, but that form was also denied. The plaintiff alleged that the Grievance Form was denied due to pending litigation.
On July 13, 2013, Judge Rees granted the plaintiff's motion for partial summary judgment regarding the defendant's compliance with Oregon discrimination law for all activities provided by the defendant or any third-party. The parties eventually settled. The Oregon Department of Corrections paid $150,000 in damages to the plaintiff, implemented policies to ensure compliance with the American with Disabilities Act and Oregon law, and transferred another deaf prisoner to the plaintiff’s facility to provide additional social interaction. The case was dismissed with prejudice on February 11, 2014; the case is now closed.
Summary Authors
Justin Hill (2/18/2020)
Waller, Nan G (Oregon)
Ellis, Matthew C (Oregon)
Steinman, Dennis (Oregon)
Waller, Nan G (Oregon)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oregon
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 20, 2012
Closing Date: 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A deaf prisoner held at Oregon correctional facilities.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Oregon Department of Corrections (Salem, Marion), State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: 150000
Order Duration: 2014 - None
Content of Injunction:
Develop anti-discrimination policy
Issues
General:
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: