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Southern District of New York
Lauren Nakamura Antony Gemmell Mary Lynne Werlwas
The Legal Aid Society filed a class action lawsuit in 1991 to challenge New York State’s failure to provide incarcerated people who are deaf and hard of hearing with meaningful access to prison programs and services in violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Constitution. We sought declaratory and injunctive relief, alleging that the New York State prison system denied sign language interpreters and other communications aids during essential activities such as education, medical care, and disciplinary proceedings. A federal trial court certified the class in 1993 and, in 1995, granted summary judgment for plaintiffs, finding systemic violations of the ADA and the Constitution.
In 1996, the court entered a consent decree requiring the state to provide interpreters and auxiliary aids to class members, among other relief. The decree also established an ombudsperson process for resolving complaints before class members could seek enforcement through the courts. The consent decree remains in effect. PRP continues to enforce compliance with the judgment and ensure that people with hearing disabilities receive the services and accommodations they need in state prison.