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Florida Prisons Sued Over Treatment Of Disabled Inmates
January 27, 2016
A group representing disabled inmates has filed a federal lawsuit accusing Florida prison officials of discriminating against prisoners who are deaf, blind or confined to wheelchairs, in violation of the federal Americans with Disabilities Act.
The lawsuit, filed Tuesday in Tallahassee by Disability Rights Florida, alleges that the Department of Corrections failed to provide interpreters and auxiliary aids, prosthetic devices and wheelchairs, and assistants and tapping canes to inmates with disabilities.
The lawsuit also accuses corrections officials of discriminating against disabled inmates by refusing to allow them to participate in services and programs available to other prisoners.
The ADA violations cause prisoners “to suffer from the humiliation, indignity, and difficulties that accompany such exclusion” and also violate prisoners’ constitutional guarantees of equal protection and due process, lawyers for the Florida Justice Institute and the Morgan and Morgan law firm wrote in the 123-page complaint.
The lawyers spent two years investigating complaints from inmates before filing the lawsuit on Tuesday, according to a press release. Disability Rights Florida is asking a judge for an emergency injunction forcing the corrections department to comply with the ADA.
Corrections officials knew about the alleged violations laid out in the complaint but failed to correct them, “thereby exhibiting deliberate indifference to the rights of individuals” in their custody, the lawyers argued.
“The laws guaranteeing equal access are there to ensure that the dignity and independence of people with disabilities are respected,” Disability Rights Florida Executive Director Maryellen McDonald said in the release. “When those laws are not followed, not only do they result in a lack of access, but people with disabilities can suffer from the humiliation, indignity, and injuries that accompany it. Our organization is seeking to vindicate those principles for the incarcerated people of Florida.”
A spokesman for the corrections department said agency officials could not comment on pending litigation.
The lawsuit details the complaints of 32 inmates who are deaf, blind or need wheelchairs or prosthetic devices but who were repeatedly denied services or assistance and who were threatened with retaliation for complaining. Some inmates were also excluded from jobs because of their disabilities, according to the complaint.
According to the lawsuit, the inmates’ plights are representative of discrimination experienced by other disabled prisoners.
The lawsuit lays out a plethora of woes encountered by deaf inmates. In some instances, deaf prisoners have waited years for their hearing aids to be repaired or replaced and have been not been provided American Sign Language interpreters for critical events such as medical appointments. Some deaf inmates are forced to serve as interpreters for other prisoners during doctors’ visits, possibly violating federal privacy laws. Special telephones for the hearing-impaired are often broken or unavailable, the lawyers wrote, and deaf prisoners can’t hear announcements, causing them to miss “critical events” such as meals.
For example, inmate David Stanley, who is deaf, had his hearing aid sent out for repair in 2009 and “has been without one for much of the time since then,” the lawyers wrote.
Corrections officials also failed to provide or maintain wheelchairs to other inmates, who are thus “denied the minimal necessities of civilized life,” the lawsuit alleges. Prison officials have also failed to assign other inmates — known as “pushers” — to wheelchair-bound prisoners, who are often unable to navigate the prison grounds on their own because the facilities are not ADA-compliant.
Handicapped showers and toilets were frequently unavailable for the wheelchair-bound inmates named in the complaint, according to the lawsuit.
Inmate David Belle, who is missing both feet and uses two artificial limbs, did not have access to a handicapped shower, the complaint alleges. Belle has to “jump out of his wheelchair and shower on the floor while balancing on his knees,” a process that is “degrading and humiliating,” lawyers for the federally funded Disability Rights Florida wrote.
The “stress of having a disability while incarcerated” caused Belle to lose 55 pounds in 18 months, according to the complaint.
Another inmate went a month without a shower because the shower wasn’t ADA-compliant, the complaint alleges.
Prison officials took away Richard Jackson’s wheelchair when he was put into solitary confinement at Santa Rosa Correctional Institution. The prisoner, who was forced to “drag himself across the dirty and abrasive cell floor,” sued the department and eventually settled for “substantial damages” and lawyers’ fees, according to the complaint.
Prisoner Christopher Villanueva, who went without a prosthetic leg for two years, also reached a settlement with the agency after suing.
Corrections officials have also refused to cooperate with U.S. Department of Justice officials regarding the treatment of disabled inmates, the lawsuit alleges. For two years, officials with the federal agency have been trying to get permission from the Department of Corrections to conduct on-site inspections, to no avail, according to the complaint.
Justice officials in June threatened to sue the corrections agency, but state officials still have not allowed the visits, the complaint alleges.
by Dara Kam, The News Service of Florida
Comments
24 Responses to “Florida Prisons Sued Over Treatment Of Disabled Inmates”
CONTEMPLATING:
“Don’t call them all scum. Judge not lest ye be judged.”
Should he call them “most scum”?
Obviously not, since scum is beneficial to the ecosystem.
And since we will be judged by our judgments, murderers, rapists, thieves and suchlike should refrain from judging their kinsmen in the same matters.
David for good judges
Not everyone that is incarcerated is guilty. Most are but there are some who get wrongly convicted. This is a horrifying thought. To be thrown in prision for something you never did. Don’t call them all scum. Judge not lest ye be judged.
@chris from molino I read your rants frequently on this site I want you to respond to the fact that you stated you watch several inmates beat to death for no reason. I want to hear under what circumstances you felt like you couldn’t put a stop to murder. Its murder because you said it happen for no reason. Just to let you no my prison inspectors will be notified and a report will be generated and we will find out if you are just a blooming idiot or a coward and a killer
Here’s a thought. Don’t like the amenities in prison? DONT DO THE FLIPPIN CRIME! Honestly, some people just have no sense at all.
I’ve worked in 3 different prison in the past several years. I have never witness an inmate crawling on the floor because they don’t have a wheelchair, walking into walls because they are blind, limping around the prison without a cane, and wondering around aimlessly because there is a communication problem. The fact is these inmates have 24/7 to cause problems for the state of FL and guess what they do!!! Inmates are accommodated with wheelchairs, canes, there are inmates who assist the weak are blind, and there is always an interpreter for language barriers and the rare times I have ever ran into an inmate who could not hear are see, I was well aware of who they were and I took steps to overcome the communication barrier. Don’t be fooled guys!!! For those who haven’t worked in a prison are county jail. I am almost certain that you can talk to your local sheriff office ie county jail are warden ie prison and they will be glad to take you on a tour are make arrangements for you to take a tour. There are several surprise audits done each year by civilians, out of state officials, your governor and upper management. I 100% guarantee the inmate are being taken care of and treated fairly and some better then when they lived in the public.
@Dan
Not on any side. However, I never said anything about not letting handicapped inmates have necessary items. You seem to be able to read well and have a good memory, so how is it you didn’t notice I was responding to a comment, not the article ?
Inmates used to be able to file writs for free (because their inmates). They clogged up the court systems so badly that legislators changed laws and forced inmates to pay to file. They would literally file writs such as, “So and so got a bigger piece of chicken than me”.
@kevin- look at the recidivism rate. Most do not get out and do good. Infact, most are animals and deserve to be there for life. I would say give most a bullet because their just breathing up air a good man needs but thats wishful thinking.
PS. to Dan- I look at things realistically and truthfully. I have plenty of negative to say about central office as well as inmates.
What I really meant to Imply is give them the bare minimum that they need but not any extra.
REGARDING:
“and NOT getting the same treatment as ALL inmates it is a total violation of their rights as a human being living with a disability”
Actually, if the other inmates aren’t going canes, dogs, wheelchairs, personal servants either, they ARE getting equal treatment.
What they want and you want to give them is special consideration.
Surely you can get other convicted felons to serve them.
If they are sufficiently disabled, they can be placed in low risk facilities because their own bodies have become their prisons. The loss of dignity is inherent in being forced to stay in a place surroundedby by convicted felons.
David for rainbows and lollipops
Inmates never lie either……whatever. I’m sure there are some exceptions but in order to be treated like a human being you’ve got to act like a human being.
@ Chris from molino just the other day you said that you had witnessed people beat to death in our fl prisons and how you didn’t participate but watch it and how the politicians new what was happening and doc new what was happening and did nothing but now you don’t want them to have wheel chairs if they need them or hearing aids to hear with or canes to walk with what do you believe which side are you on the one that gets to complain about everything but stand there and do nothing
As a former inmat ein the FLDOC Im here to tell you. Some most of these camps are filled with non violent crimes such as driving while license suspended third offense whcih is a victimless crime. Some of the crimes i saw people in there for were absurd. I personally was in thre for a crime wiht a bb gun shooting out a car window. Does that make me scum? Does that make me a bad person. NO IT DONT. Now had I got out of prison and not done right then yes I would be scum but alot of people get out nad do right and utilize the time in there to better themselves. So before you go screaming scums and talking crap maybe you need to go in there and see for yourself the many people judges have thrown in there for victimless stupid crimes. Yes just because you are a prisoner with a disability dont mean you are not to be taken care of. These judges throw people in prison daily on BS charges so instead of screaming scum inmates why dont you guys lobby to have laws changed to keep non violent offenders such as i out of there and keep them from sucking up tax dollars? I will tell you being in prison was the best blessing God ever gave me. it made me realize what life is about it made me understand my purpose of being there and now im out and very successful. Time is what you make it just because someone is in there dont mean they are a bad person. Alot of people as my self are forced to go into business for them self because not only are u punished with time but your record follows ou for years. Please have a heart and understand not all of us that have done time are bad. Just becuase4 you havent been to jail dont mean your law abiding. Everyone commits crimes as simple as speeding to drinking to smoking pot to other things. So before you judge, Look in the mirror. God Bless
A common sense way to look at this issue is to remember: When the State incarcerates a person, that person is in the care and custody of the DOC for whichever state they live in. As such, the State is obligated to provide basic human needs such as food, shelter and medical care. I am fully aware that there are correctional concerns with inmates that need canes or prosthetic devices, but once again, it’s a basic need for a disabled inmate. The DOC is not following the intent of ADA, and they are in violation of federal law in that case. They will lose this lawsuit.
I am not a bleeding heart liberal either – I am simply pointing out what the law says and what basic human decency should consider before depriving ANY disabled person of a way to be functional. The inmates are in prison as punishment, not there to be tortured by the staff. They still have basic rights, like it or not.
@ Kate: So tell us all how Jesus would “open his dam heart” to quote you. An odd statement to be made about or in connection with Jesus. All in prison have problems of all sorts. Some of the items they want can very well be used as a weapon toward other prisoners or guards. The prison systems are understaffed and governments say there are not enough funds to keep up with the needs. How many are willing to pay more in taxes to hire more prison personnel and build more jails. Some states prisons are so full that the courts are being ask to have the prisoners just left in the local jails– not prisons. Ala. is hitting that level now. So tell us where the money is to come from.
Imprisoned or not human rights do matter!! Imagine being a para and unable to move without a chair, you can’t get to the toilet, you can get to meals. Imagine being blind and you can’t find your way to anything. How can you people be so cruel and uncaring. People who serve time in prison and people too. Wake up and have some mercy. Open your dam hearts and think like Jesus would.
@ Nod: help me understand how you can control the use of a cane and other devises while they are in the hands of prisoners from being used as a weapon. What do these people use when they are not locked up. It is a sad world when everything wrong is someone else’s fault not their own. I guess on the out side of prison they have someone to take total care of their needs. It would appear that some people will not be responsible for their own actions and are always able to find a “lawyer” to cry for them if there is the smell of money.
All of you are being idiots. It doesn’t matter if a human being is in prison or not. If that person has a disability and NOT getting the same treatment as ALL inmates it is a total violation of their rights as a human being living with a disability. Regardless of what they are in prison for… so by most of your logic if you go to jail for tax issues and are blind, than you deserve to be left without aid of a tapping cane, left to feel your way around in your cell for X years without any help.
Humanity makes me sick.
It is never ok to Abuse someone!
Just because someone is in prison doesn’t mean that they are the scum of the earth. A lot of people in there are there for nonviolent crimes. I’ve known plenty of people who has served some sort of time for petty things that most people get a slap on the wrist for. Doesn’t mean they deserve to be treated like dogs. I’m sure none of you are saints. You have no right to pass judgement on anyone.
To all that have commented so far:
Are you so insensitive? Yes the prisoners are in there for doing wrong. Some for hindious crimes and some for petty crimes. No matter what they are in there for they are still human beings. If they are handicapped then they have every right to have the things they NEED to function. Do they NEED everything that they holler for? NO. I am not a bleeding heart but right is right. Jesus when faced with the adulterous woman asked her accusers “He without sin cast the first stone.” I know I couldn’t, How about you?
Prisoners are there because they are criminals, not tourist on vacation at the taxpayers expense. They get more than they deserve but seem to think we owe them something. WRONG!
I agree totally with Nod. It was their choice to be there not ours. They should have thought about it before getting in there. Here’s another dime to go with yours.
A Former Inmate-Nobody received invitations to the prison system. No, everyone doesn’t break the law. That’s what the heck is wrong with you now, that kind of thinking. If you’re talking about things like speeding, you’re being the senseless twitt.
All I can say is this. If you don’t like the conditions in prison, STAY OUT OF IT ! If you don’t like it, write to some democratic legislators. If you keep cryin, what are the babies gonna do ?
I’m glad to see that there is a lawsuit going against the Florida prisons. As a former inmate who has been there and seen how unjust the system is it makes me sick to read the previous comment by nod. Yes as an inmate or convicted felon there are some rights lost but not the right of being treated as a human. I can’t stand judgemental twits that think they are better than anyone else. Everyone breaks laws it’s just the matter of if you get caught.
I’ll give you a dime and you can call somebody that cares.
People in prison should not have the same rights as others.
They have forfeited most of their rights.