Agreement Finalized in Tennessee Lawsuit Regarding Deaf Inmate's Rights

Agreement Finalized in Tennessee Lawsuit Regarding Deaf Inmate's Rights

Fresh Take:

Title: Deaf Prisoners Score a Win: Tennessee Department of Correction Agrees to Provide Essential Communication Aids

Nashville, TN - Rolling the dice in the game of justice, three deaf men, Disability Rights Tennessee, and a coalition of legal eagles have scored a massive victory against the Tennessee Department of Correction (TDOC). A recent settlement promises videophones, sign language interpreters, and a plethora of other accommodations for deaf inmates residing in TDOC facilities. Sounding the final bell on the long-drawn-out lawsuit, Trivette v. Tennessee Department of Correction, the lawsuit, filed back in 2020, accused TDOC of disregarding the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act by denying effective communication for deaf prisoners.

The Players:

Disability Rights Tennessee (DRT), the guardian angel for Tennesseans with disabilities, mounted a valiant crusade to right this stern injustice. DRT, the Protection and Advocacy (P&A) System, led the charge, investigating, and litigating the case alongside a team of lawyers from Fox & Robertson, a disability rights powerhouse hailing from Denver, along with the nonprofits Disability Rights Advocates and Disability Law United.

The Settlement:

TDOC has vowed to provide satisfactory auxiliary aids and services and reasonable accommodations to ensure equal opportunities for incarcerated deaf individuals. This includes sign language interpreters for critical interactions such as intake, medical and mental health appointments, educational and vocational programming, religious services, and discipline and parole-related hearings. tunneling in videophones - the sine qua non for signers - will be made available at every facility holding a deaf innate, as well as at intake facilities.

To ensure no deaf prisoners fall through the cracks, TDOC will screen all incoming inmates, older prisoners, and those requesting a screening. The department will then conduct an individualized accommodation needs assessment to determine the technology and services required for effective communication and access to services.

The Preliminary Injunction:

Back in May 2021, Judge Aleta A. Trauger of the United States District Court for the Middle District of Tennessee issued a preliminary injunction on behalf of two deaf men then in TDOC's custody, mandating the department to provide videophones on par with the phone privileges of other inmates.

The Final Verdict:

In July 2024, Judge Trauger granted partial summary judgment in favor of DRT and several plaintiffs, declaring that TDOC violated the ADA by failing to provide videophones and sign language interpreters for prison programming, medical appointments, religious services, and legal processes like discipline or parole to deaf prisoners.

DRT took up the mantle as an organizational plaintiff in the case, protecting the interests of unnamed deaf prisoners and fostering an equal opportunity for them to receive education, attend religious services, and access medical care post-incarceration.

"Finally, Tennessee joins the ranks of states that prioritize the rights of deaf prisoners," says Stacie Price, DRT's Legal Director. "Being deaf in prison is like being thrust into solitary confinement. But now, with this settlement, deaf prisoners can serve their time on terms equal to others."

"Inclusion is an essential part of the judicial system," added Amy Robertson from Fox & Robertson. "This settlement highlights the urgency of providing deaf prisoners with access to technology and other accommodations so they can participate equitably."

"We're ecstatic that Tennessee has finally acknowledged the rights of deaf prisoners," beamed Madeleine Reichman of DRA. "Not only will deaf prisoners now reconnect with their communities, but they'll also have an equal shot at crucial services."

The Fiscal Side:

"We're beyond relieved that Tennessee has agreed to uphold the rights of deaf prisoners under federal disability laws," said Albert Elia, Disability Law United's attorney. "But it's unfortunate that it took a lawsuit to get this relief. Very grateful for organizations like DRT that fight for disabled people's rights when they need it most."

Disability Rights Tennessee (DRT):

A nonprofit organization, Disability Rights Tennessee (DRT) champions the causes of Tennesseans with disabilities and/or mental illness. Ever vigilant, DRT safeguards people from abuse, neglect, and discrimination in various settings, including homes, workplaces, schools, and healthcare facilities. Covering all 95 counties, DRT's work has been steered by the experiences and needs of the community for over four decades. Reach out via [email protected], 1-800-342-1660, or www.DisabilityRightsTN.org.

Fox & Robertson:

A Denver-based law firm, Fox & Robertson specializes in impactful disability rights litigation, individual advocacy, and education.

Disability Rights Advocates (DRA):

With offices in California, New York, and Illinois, Disability Rights Advocates (DRA) champions equal rights and opportunities for individuals with disabilities nationwide through complex, system-altering, class-action lawsuits.

Disability Law United (DLU):

Disability Law United (formerly the Civil Rights Education and Enforcement Center) champions liberation through the lens of intersectional disability justice, offering a combination of education, legal advocacy, direct services, and impactful litigation. DLU takes a particular interest in addressing effective communication and access for deaf and hard-of-hearing individuals and others vulnerable to disability-based discrimination.

References:

• Order on motion to dismiss (Nov 2020)
• Settlement Agreement (January 2025)
• Order on partial summary judgment (July 2024)
• Preliminary injunction order (May 2021)

1. Disability Rights Tennessee (DRT) has shown its commitment to health-and-wellness and medical-conditions by securing accommodations for deaf prisoners, ensuring equitable access to medical and mental health care, as well as education and religious services.
2. In their pursuit of civil rights, organizations like Disability Rights Tennessee (DRT), Fox & Robertson, Disability Rights Advocates, and Disability Law United have proved that science plays a crucial role in advancing health equality and justice for individuals with disabilities, particularly deaf prisoners.

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