Case: In re: DOJ investigation of the New York City Department of Correction

No Court Case | No Court

Filed Date: 2004

Clearinghouse coding complete

Case Summary

In 2004, the U.S. Attorney for the Southern District of New York received a complaint from an inmate in the custody of the New York City Department of Correction ("DOC") alleging that DOC violated Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131 et seq.. Specifically, the inmate alleged that the DOC did not have a designated employee responsible for the coordination of ADA compliance as required by law and refused to provide the inmate with the name of any su…

In 2004, the U.S. Attorney for the Southern District of New York received a complaint from an inmate in the custody of the New York City Department of Correction ("DOC") alleging that DOC violated Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131 et seq.. Specifically, the inmate alleged that the DOC did not have a designated employee responsible for the coordination of ADA compliance as required by law and refused to provide the inmate with the name of any such person. After the complaint was investigated, the government and the DOC resolved the complaint by entering into a Voluntary Compliance Agreement. By the terms of the Agreement, which was entered on August 5, 2004, the DOC was to hire a full-time employee as the "Disability Rights Coordinator for Inmates." The Coordinator was to be responsible for assuring ADA compliance and was charged with investigating and resolving all inmate ADA complaints or requests for reasonable accommodations by disabled inmates. In addition to hiring an ADA coordinator, the DOC also agreed to appoint Disability Rights Facility Contact Persons at each jail facility. The DOC agreed to publish the names of those employees and to adopt and publish grievance procedures to be utilized by inmates regarding disability claims.

Monitoring of compliance was to be achieved by the submission of a yearly report to the DOJ of all actions taken by the Disability Rights Coordinator for Inmates. The Agreement was to last for three years from its effective date.

We have no information regarding actions taken after entry of the Agreement or whether the Agreement has been terminated.

Summary Authors

Dan Dalton (9/17/2007)


Attorneys(s) for Plaintiff

Kelley, David N. (New York)

Schilling, Andrew W. (New York)

Attorneys(s) for Defendant

LaGreca, Linda (New York)

Attorneys(s) for Plaintiff

Kelley, David N. (New York)

Schilling, Andrew W. (New York)

Attorneys(s) for Defendant

LaGreca, Linda (New York)

Documents in the Clearinghouse

Document

Voluntary Compliance Agreement

Aug. 4, 2004 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: 2004

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York City Department of Correction (New York), City

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Special Case Type(s):

Out-of-court

Availably Documents:

None of the above

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2004 - 2007

Issues

General:

Grievance Procedures

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Type of Facility:

Government-run