Case: David v. Indiana Department of Correction

1:12-cv-00001 | U.S. District Court for the Southern District of Indiana

Filed Date: Jan. 3, 2012

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On January 3, 2012, a deaf prisoner filed a lawsuit against the Indiana Department of Correction in the United States District Court for the Southern District of Indiana. Represented by the ACLU of Indiana, the plaintiff filed his suit under 42 U.S.C. § 1983, the Rehabilitation Act and the Americans with Disabilities Act, alleging that he was only allowed access to a TTY telephone during working hours or after-hours by making a written request for access while other prisoners had unlimited dail…

On January 3, 2012, a deaf prisoner filed a lawsuit against the Indiana Department of Correction in the United States District Court for the Southern District of Indiana. Represented by the ACLU of Indiana, the plaintiff filed his suit under 42 U.S.C. § 1983, the Rehabilitation Act and the Americans with Disabilities Act, alleging that he was only allowed access to a TTY telephone during working hours or after-hours by making a written request for access while other prisoners had unlimited daily access to telephones from 6 am to 11 pm, seven days a week. In addition, the plaintiff's phone calls were restricted to a length that is not comparable to the length of time allowed to the prisoners who were not hearing impaired. He asked the court for declaratory and injunctive relief.

The parties negotiated a settlement agreement, and on March 5, 2012, Judge Jane Magnus-Stinson dismissed the case according to the plaintiff's voluntary dismissal. We do not have a copy of the settlement agreement.

Summary Authors

Jessica Kincaid (2/27/2015)

People


Judge(s)

Magnus-Stinson, Jane Elizabeth (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Bowker, Laura Lee (Indiana)

Joel, Kenneth Lawson (Pennsylvania)

Judge(s)

Magnus-Stinson, Jane Elizabeth (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Bowker, Laura Lee (Indiana)

Joel, Kenneth Lawson (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

March 5, 2012 Docket
1

Complaint for Declaratory and Injunctive Relief

Jan. 3, 2012 Complaint

Resources

Title Description External URL

Effective Communication with Deaf, Hard of Hearing, Blind, and Low Vision Incarcerated People

Tessa Bialek and Margo Schlanger

Abstract here. Note that there are several other versions available: Large print <a href="https://www.clearinghouse.net">here</a>; and executive summary only <a href="https://www.clearinghouse.net">… June 15, 2022 None

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION, filed by ROBERT DAVID. (Attachments: # 1 Exhibit 1−Offender Grievance, # 2 Exhibit 2−Letter dated November 1, 2011, # 3 Civil Cover Sheet, # 4 Receipt IP027760 Filing Fee of $350.00)(MSD) (Entered: 01/04/2012)

Jan. 3, 2012
2

Summons Issued as to COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (MSD) (Entered: 01/04/2012)

Jan. 3, 2012
3

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff ROBERT DAVID. (MSD) (Entered: 01/04/2012)

Jan. 3, 2012
4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MSD) (Entered: 01/04/2012)

Jan. 3, 2012
6

NOTICE of Appearance by Laura Lee Bowker on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Bowker, Laura) (Entered: 01/26/2012)

Jan. 26, 2012
7

NOTICE of Parties' First Extension of Time, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Bowker, Laura) (Entered: 01/26/2012)

Jan. 26, 2012
8

AMENDED NOTICE of Appearance by Laura Lee Bowker on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Bowker, Laura) Modified on 1/31/2012 (JKS). (Entered: 01/30/2012)

Jan. 30, 2012
9

NOTICE of Appearance by Kenneth Lawson Joel on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Joel, Kenneth) (Entered: 02/16/2012)

Feb. 16, 2012
10

Unopposed MOTION for Extension of Time to March 25, 2012 to File a Response to Complaint , filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Attachments: # 1 Text of Proposed Order)(Joel, Kenneth) (Entered: 02/23/2012)

Feb. 23, 2012
11

ORDER granting Deft's 10 Motion for Extension of Time to File response to complaint to 3/25/2012. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2012. (SWM) (Entered: 02/24/2012)

Feb. 24, 2012
12

NOTICE of Voluntary Dismissal, filed by Plaintiff ROBERT DAVID. (Falk, Kenneth) (Entered: 03/02/2012)

March 2, 2012
13

CLOSED DISMISSED − The Plaintiff's 12 Notice of Voluntary Dismissal is acknowleged. (Marginal Notation). Signed by Judge Jane Magnus−Stinson on 3/5/2012.(JKS) (Entered: 03/05/2012)

March 5, 2012

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Jan. 3, 2012

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Deaf prisoner

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Indiana Department of Correction, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run