Nature of Claims: This class action challenges the failure to accommodate the disabilities of deaf and hard of hearing prisoners in the state prison system. It was resolved in the plaintiffs’ favor by a grant of summary judgment, followed by a consent judgment spelling out measures to provide proper accommodations for class members. It was initially filed by the Civil Division; PRP has assumed responsibility for post-judgment monitoring and enforcement.
Current Status: PRP continues to monitor compliance and to intervene on behalf of class members who complain of violations of the consent judgment. Defendants recently asserted that they would no longer respond to complaints to the ombudsperson required by the consent judgment if the prisoner has not previously completed the prison’s reasonable accommodation procedure. This position is contrary to the language of the judgment, and the court ruled in our favor on March 6, 2006, that class members need not use the reasonable accommodation procedure in addition to complaining to the ombudsperson.
PRP also moved to intervene in a separate action filed by a class member to request reconsideration of the court’s determination that the prisoner plaintiff could not recover damages under the Americans with Disabilities Act because they are barred by the Eleventh Amendment. On March 1, 2006, the court granted the motion to intervene and to reconsider, holding that Clarkson class members have a sufficient interest in the question of availability of damages under the ADA to support intervention, and that the Supreme Court’s intervening decision in Tennessee v. Lane allowed the plaintiff to seek damages, contrary to the court’s prior ruling.
Persons Affected: All deaf and hard of hearing prisoners in the state prisons, whom we estimate as presently numbering between 100 and 200.
Reported decisions: Clarkson v. Coughlin, 783 F.Supp. 789 (S.D.N.Y. 1992) (denying class certification without prejudice); Clarkson v. Coughlin, 145 F.R.D. 339 (S.D.N.Y. 1993) (certifying class); Clarkson v. Coughlin, 898 F.Supp. 1019 (S.D.N.Y. 1995) (finding violation of disability statutes and Constitution); Degrafinreid v. Ricks, 417 F.Supp.2d 403 (S.D.N.Y. 2006) (granting intervention to class counsel, granting reconsideration, reversing prior decision barring damages for ADA claim).