Case: Zemedagegehu v. Arthur and related DOJ matter

1:15-cv-00057 | U.S. District Court for the Eastern District of Virginia

Filed Date: Jan. 15, 2015

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On January 15, 2015, a deaf, Ethiopian-born American citizen filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. The plaintiff sued the Arlington County Sheriff and Virginia Department of Corrections. The suit was brought under two federal statutes: Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The plaintiff, represented by both private counsel and counsel from the National Association of the Deaf, sought…

On January 15, 2015, a deaf, Ethiopian-born American citizen filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. The plaintiff sued the Arlington County Sheriff and Virginia Department of Corrections. The suit was brought under two federal statutes: Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The plaintiff, represented by both private counsel and counsel from the National Association of the Deaf, sought compensatory damages and attorneys’ fees.

In the complaint, the plaintiff alleged that he was not provided with American Sign Language (ASL) interpreters during his detention at the Arlington County Detention Facility (Detention Facility) following his arrest at Ronald Reagan Washington National Airport for allegedly stealing an iPad. Because the plaintiff is originally from Ethiopia, he struggles to understand, read, and write English. His primary way of communicating is through ASL. When he was arrested, the plaintiff attempted to ask for an ASL interpreter because he did not understand why he was being detained. The officers responded by writing notes to the plaintiff; however, he could not understand what they were writing.

Plaintiff remained at the Detention Center for approximately six weeks. During that time, he did not have access to an interpreter to communicate his dietary and medical needs. He also did not have access to a videophone to speak to his public defender. Throughout his stay at the Detention Center, plaintiff made multiple requests for interpreters and other services to allow him to communicate with the Detention Facility’s staff, but these requests were denied. He eventually pleaded guilty to a misdemeanor charge of receiving stolen property in exchange for a sentence of time served. He later explained that he did not understand why he was arrested until he went to court and that he pleaded guilty only to get out of jail. His alleged victim — another deaf, homeless man who was sleeping at the airport — eventually withdrew the allegation, saying he had made a mistake and that the missing iPad had been found.

The defendants immediately moved to dismiss the claims. On April 28, 2015 Judge James C. Cacheris granted the state-level officials’ motion to dismiss and denied the sheriff’s motion to dismiss. The judge reasoned that the plaintiff’s allegations, if true, showed the sheriff did not do anything to accommodate the plaintiff’s disability under Title II of the ADA.

The plaintiff’s allegations in the complaint compelled the U.S. Attorney’s Office for the Eastern District of Virginia to investigate the case. The investigation substantiated the majority of the plaintiff’s allegations and uncovered the Arlington County Sheriff’s Office’s general failure to comply with the ADA. As a result, ACSO entered settlement negotiations with the Department of Justice (represented by the U.S. Attorney’s Office for the Eastern District of Virginia). On November 16, 2016, the ACSO signed a settlement agreement with the Department of Justice. The agreement stipulated that Arlington County had to pay the plaintiff $250,000. Furthermore, the settlement required that ACSO take steps to better accommodate inmates with disabilities. ACSO agreed to, amongst other things, appoint employees to coordinate ADA compliance, modify policies/procedures to screen prisoners who have disabilities, provide additional auxiliary aids and interpretive services to inmates who are deaf or hearing disabled, and revamp procedures to keep track of services provided to prisoners. It will stay in effect for three years, after which the matter will be closed.

Back in the court case, on December 20, 2016, the court entered a voluntary dismissal.

Summary Authors

Amelia Huckins (1/24/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4406916/parties/zemedagegehu-v-arlington-county-board/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Abato, Diane Marie (Virginia)

Anahory, Kevin A. (Virginia)

Anderson, Charles W. (Virginia)

Armstrong, Alice Theresa (Virginia)

Arthur, Elizabeth F. (Virginia)

Documents in the Clearinghouse

Documents in this case

1:15-cv-00057

Docket [PACER]

Zemedagegehu v. Arlington County Board

Dec. 20, 2016

Dec. 20, 2016

Docket
1

1:15-cv-00057

Complaint

Zemedagegehu v. Arthur

Jan. 15, 2015

Jan. 15, 2015

Complaint
21

1:15-cv-00057

First Amended Complaint

Zemedagegehu v. Arthur

Feb. 19, 2015

Feb. 19, 2015

Complaint
44

1:15-cv-00057

Memorandum Opinion [Motions to Dismiss]

Zemedagegehu v. Arthur

April 28, 2015

April 28, 2015

Order/Opinion

2015 WL 1930539

Settlement Agreement Between the United States of America and Elizabeth F. Arthur, In Her Official Capacity as the Arlington County Sheriff

DOJ out-of-court settlement with Arlington County

No Court

Nov. 16, 2016

Nov. 16, 2016

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4406916/zemedagegehu-v-arlington-county-board/

Last updated Aug. 23, 2026, 4:23 a.m.

Docket for: Zemedagegehu v. Arlington County Board
ECF Number Date Description Link
1 Jan. 15, 2015

COMPLAINT against Arlington County Board, Arlington County Detention Facility, Arlington County Sheriff's Office filed by Abreham Zemedagegehu ( Filing fee $ 400.00, receipt number 14683048877). (Attachments: # 1 Cover Letter, # 2 Civil Cover Sheet, # 3 Receipt)(pmil, ) (Entered: 01/22/2015)

1 Cover Letter

View on PACER

2 Civil Cover Sheet

View on RECAP

3 Receipt

View on PACER

Clearinghouse
2 Jan. 15, 2015

Summons Issued for service by SPS as to Arlington County Board, Arlington County Detention Facility, Arlington County Sheriff's Office. (pmil, ) (Entered: 01/22/2015)

RECAP
3 Jan. 22, 2015

SUMMONS Returned Executed as to Arlington County Detention Facility; served on 1/15/2015, answer due 2/5/2015 (pmil, ) (Entered: 01/23/2015)

RECAP
4 Jan. 22, 2015

SUMMONS Returned Executed as to Arlington County Sheriff's Office; served on 1/15/2015, answer due 2/5/2015 (pmil, ) (Entered: 01/23/2015)

RECAP
5 Jan. 22, 2015

SUMMONS Returned Executed as to Arlington County Board; served on 1/15/2015, answer due 2/5/2015 (pmil, ) (Entered: 01/23/2015)

RECAP
6 Feb. 5, 2015

MOTION to Dismiss by Arlington County Detention Facility, Arlington County Sheriff's Office. (Francuzenko, Alexander) (Entered: 02/05/2015)

RECAP
7 Feb. 5, 2015

Memorandum in Support re 6 MOTION to Dismiss filed by Arlington County Detention Facility, Arlington County Sheriff's Office. (Francuzenko, Alexander) (Entered: 02/05/2015)

RECAP
8 Feb. 5, 2015

Notice of Hearing Date set for March 13, 2015; 10:00 am re 6 MOTION to Dismiss (Francuzenko, Alexander) (Entered: 02/05/2015)

RECAP
9 Feb. 5, 2015

Notice of Hearing Date AMENDED set for Thursday, March 12, 2015; 10:00 am re 6 MOTION to Dismiss (Francuzenko, Alexander) (Entered: 02/05/2015)

RECAP
10 Feb. 5, 2015

MOTION to Dismiss for Failure to State a Claim by Arlington County Board. (Tramblian, Ara) (Entered: 02/05/2015)

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11 Feb. 5, 2015

Memorandum in Support re 10 MOTION to Dismiss for Failure to State a Claim filed by Arlington County Board. (Tramblian, Ara) (Entered: 02/05/2015)

RECAP
12 Feb. 5, 2015

Notice of Hearing Date re 10 MOTION to Dismiss for Failure to State a Claim, 11 Memorandum in Support (Tramblian, Ara) (Entered: 02/05/2015)

RECAP
Feb. 6, 2015

Set Motion and R&R Deadlines/Hearings

Feb. 9, 2015

Set Motion and R&R Deadlines/Hearings

13 Feb. 12, 2015

Motion to appear Pro Hac Vice by Larry Tanenbaum and Certification of Local Counsel Jonathan Goodrich Filing fee $ 75, receipt number 0422-4315852. by Abreham Zemedagegehu. (Goodrich, Jonathan) (Entered: 02/12/2015)

RECAP
14 Feb. 12, 2015

Motion to appear Pro Hac Vice by Debra Patkin and Certification of Local Counsel Jonathan Goodrich Filing fee $ 75, receipt number 0422-4315854. by Abreham Zemedagegehu. (Goodrich, Jonathan) (Entered: 02/12/2015)

RECAP
15 Feb. 12, 2015

Motion to appear Pro Hac Vice by Caroline Jackson and Certification of Local Counsel Jonathan Goodrich Filing fee $ 75, receipt number 0422-4315855. by Abreham Zemedagegehu. (Goodrich, Jonathan) (Entered: 02/12/2015)

RECAP
16 Feb. 12, 2015

Motion to appear Pro Hac Vice by Carolyn Perez and Certification of Local Counsel Jonathan Goodrich Filing fee $ 75, receipt number 0422-4315858. by Abreham Zemedagegehu. (Goodrich, Jonathan) (Entered: 02/12/2015)

RECAP
17 Feb. 18, 2015

ORDER granting 15 Motion for Pro hac vice. Signed by District Judge James C. Cacheris on 02/18/15. (pmil, ) (Entered: 02/18/2015)

RECAP
18 Feb. 18, 2015

ORDER granting 14 Motion for Pro hac vice. Signed by District Judge James C. Cacheris on 02/18/15. (pmil, ) (Entered: 02/18/2015)

RECAP
19 Feb. 18, 2015

ORDER granting 13 Motion for Pro hac vice. Signed by District Judge James C. Cacheris on 02/05/15. (pmil, ) (Entered: 02/18/2015)

RECAP
20 Feb. 18, 2015

ORDER granting 16 Motion for Pro hac vice. Signed by District Judge James C. Cacheris on 02/18/15. (pmil, ) (Entered: 02/18/2015)

RECAP
21 Feb. 19, 2015

AMENDED COMPLAINT against All Defendants, filed by Abreham Zemedagegehu.(Goodrich, Jonathan) (Entered: 02/19/2015)

Clearinghouse
22 Feb. 19, 2015

RESPONSE in Opposition re 10 MOTION to Dismiss for Failure to State a Claim, 6 MOTION to Dismiss filed by Abreham Zemedagegehu. (Goodrich, Jonathan) (Entered: 02/19/2015)

RECAP
23 Feb. 19, 2015

AMENDED COMPLAINT Summons Issued for service by SPS as to Elizabeth F. Arthur, Harold W. Clarke, Carl R. Peed, Virginia Board of Corrections, Virginia Department of Corrections. (Attachments: # 1 Cover Letter)(pmil, ) (Entered: 02/23/2015)

1 Cover Letter

View on PACER

RECAP
24 Feb. 24, 2015

ORDER that Defts' 10 Motion to Dismiss for Failure to State a Claim is DENIED AS MOOT; The Clerk of Court is directed to terminate the following previously-named Defendants who are no longer named in the Amended Complaint:a. Arlington County Board; b. Arlington County Sheriffs Office; c. Arlington County Detention Facility; (3) The Clerk of Court is directed to add the following newly-named Defendants who are named for the first time in the Amended Complaint: a. Arlington County Sheriff Elizabeth F. Arthur, in her official capacity; b. Virginia Department of Corrections; c. Virginia Department of Corrections Director Harold W. Clarke, in his official capacity;d. Virginia Board of Corrections; e. Virginia Board of Corrections Chairman Carl R. Peed, in his official capacity; The Clerk of Court is directed to remove the hearing currently scheduled for March 12, 2015 from the Courts docket and shall forward copies of this Order to all counsel of record (see Order for details). Signed by District Judge James C. Cacheris on 02/24/15. (pmil, ) (Entered: 02/24/2015)

RECAP
25 Feb. 26, 2015

AMENDED COMPLAINT SUMMONS Returned Executed as to Elizabeth F. Arthur; served on 2/23/2015 (pmil, ) (Entered: 03/03/2015)

RECAP
March 1, 2015

Case Assigned/Reassigned

26 March 12, 2015

AMENDED COMPLAINT SUMMONS Returned Executed as to Harold W. Clarke; served on 2/23/2015 (pmil, ) (Entered: 03/12/2015)

RECAP
27 March 12, 2015

AMENDED COMPLAINT SUMMONS Returned Executed as to Carl R. Peed; served on 2/23/2015 (pmil, ) (Entered: 03/12/2015)

RECAP
28 March 12, 2015

AMENDED COMPLAINT SUMMONS Returned Executed as to Virginia Department of Corrections; served on 2/23/2015 (pmil, ) (Entered: 03/12/2015)

RECAP
29 March 12, 2015

AMENDED COMPLAINT SUMMONS Returned Executed as to Virginia Board of Corrections; served on 2/23/2015 (pmil, ) (Entered: 03/12/2015)

RECAP
30 March 16, 2015

MOTION to Dismiss for Failure to State a Claim (Pl's First Amended Complaint) by Elizabeth F. Arthur. (Francuzenko, Alexander) (Entered: 03/16/2015)

RECAP
31 March 16, 2015

Memorandum in Support re 30 MOTION to Dismiss for Failure to State a Claim (Pl's First Amended Complaint) filed by Elizabeth F. Arthur. (Francuzenko, Alexander) (Entered: 03/16/2015)

RECAP
32 March 16, 2015

Notice of Hearing Date set for April 16, 2015; 10:00 am re 30 MOTION to Dismiss for Failure to State a Claim (Pl's First Amended Complaint) (Francuzenko, Alexander) (Entered: 03/16/2015)

RECAP
33 March 16, 2015

ANSWER to Complaint (First Amended Complaint) by Elizabeth F. Arthur.(Francuzenko, Alexander) (Entered: 03/16/2015)

RECAP
34 March 16, 2015

NOTICE of Appearance by John Michael Parsons on behalf of Harold W. Clarke, Carl R. Peed, Virginia Board of Corrections, Virginia Department of Corrections (Parsons, John) (Entered: 03/16/2015)

RECAP
35 March 16, 2015

NOTICE of Appearance by Nancy Hull Davidson on behalf of Harold W. Clarke, Carl R. Peed, Virginia Board of Corrections, Virginia Department of Corrections (Davidson, Nancy) (Entered: 03/16/2015)

RECAP
36 March 16, 2015

MOTION to Dismiss for Failure to State a Claim by Harold W. Clarke, Carl R. Peed, Virginia Board of Corrections, Virginia Department of Corrections. (Davidson, Nancy) (Entered: 03/16/2015)

RECAP
37 March 16, 2015

Memorandum in Support re 36 MOTION to Dismiss for Failure to State a Claim filed by Harold W. Clarke, Carl R. Peed, Virginia Board of Corrections, Virginia Department of Corrections. (Davidson, Nancy) (Entered: 03/16/2015)

RECAP
38 March 17, 2015

Notice of Hearing Date set for April 16, 2015 at 10:00 a.m. re 36 MOTION to Dismiss for Failure to State a Claim (Davidson, Nancy) (Entered: 03/17/2015)

RECAP
March 17, 2015

Set Motion and R&R Deadlines/Hearings

March 18, 2015

Set Motion and R&R Deadlines/Hearings

39 March 30, 2015

RESPONSE in Opposition re 30 MOTION to Dismiss for Failure to State a Claim (Pl's First Amended Complaint) filed by Abreham Zemedagegehu. (Goodrich, Jonathan) (Entered: 03/30/2015)

RECAP
40 March 30, 2015

RESPONSE in Opposition re 36 MOTION to Dismiss for Failure to State a Claim filed by Abreham Zemedagegehu. (Goodrich, Jonathan) (Entered: 03/30/2015)

RECAP
April 1, 2015

Set/Clear Flags

41 April 3, 2015

REPLY to Response to Motion re 30 MOTION to Dismiss for Failure to State a Claim (Pl's First Amended Complaint) filed by Elizabeth F. Arthur. (Francuzenko, Alexander) (Entered: 04/03/2015)

RECAP
42 April 6, 2015

Reply to 40 Response in Opposition to Motion filed by Harold W. Clarke, Carl R. Peed, Virginia Board of Corrections, Virginia Department of Corrections. (Davidson, Nancy) (Entered: 04/06/2015)

RECAP
April 6, 2015

Docket Annotation

43 April 16, 2015

Minute Entry for proceedings held before District Judge James C. Cacheris: Motion Hearing held on 4/16/2015 re: Defendant's motion's 30 & 36 to Dismiss for Failure to State a Claim. Jonathan G. Goodrich, Caroline Jackson, and Larry Tanenbaum present on behalf of plaintiff. Plaintiff present at counsel table w/ the aid of 2 sign language interpreters. Alexander Francuzenko, John M. Parson, and Nancy H. Davidson present on behalf of defendant. Matters briefed, argued and taken under advisement. Order to follow. (Court Reporter Julie Egal)(mpha) (Entered: 04/16/2015)

RECAP
44 April 28, 2015

MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 04/28/15. (pmil, )

Clearinghouse
45 April 28, 2015

Order on Motion to Dismiss for Failure to State a Claim

RECAP
47 May 5, 2015

Scheduling Order

1 Magistrate Consent Form

View on PACER

2 Pretrial Notice

View on PACER

RECAP
46 May 6, 2015

Motion to Quash

1 Exhibit

View on PACER

RECAP
48 May 7, 2015

Opposition

RECAP
49 May 7, 2015

Order on Motion to Quash

RECAP
50 May 15, 2015

Transcript

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51 May 20, 2015

Discovery Plan

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52 May 27, 2015

Pretrial Conference - Initial

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53 June 1, 2015

Order Rule 16(b) Scheduling Order

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54 June 29, 2015

Motion for Protective Order

1 Exhibit

View on PACER

RECAP
55 July 2, 2015

Order on Motion for Protective Order

RECAP
56 July 13, 2015

Motion to appear Pro hac vice

RECAP
57 July 15, 2015

Order on Motion for Pro hac vice

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58 July 27, 2015

Motion to Stay

1 Proposed Order

View on PACER

RECAP
59 July 27, 2015

Notice of Hearing Date

RECAP
60 July 28, 2015

Order on Motion to Stay

RECAP
July 28, 2015

Set Motion and R&R Deadlines/Hearings

61 Oct. 27, 2015

Motion to Stay

1 Proposed Order

View on PACER

RECAP
62 Oct. 29, 2015

Order on Motion to Stay

RECAP
63 Jan. 28, 2016

Motion to Stay

1 Proposed Order

View on PACER

RECAP
64 Feb. 4, 2016

Order on Motion to Stay

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65 April 28, 2016

Motion to Stay

1 Proposed Order

View on PACER

RECAP
66 May 4, 2016

Order on Motion to Stay

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67 June 16, 2016

Motion to Stay

1 Proposed Order

View on PACER

RECAP
68 June 21, 2016

Order on Motion to Stay

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69 Aug. 25, 2016

Motion to Stay

1 Proposed Order

View on PACER

RECAP
70 Aug. 30, 2016

Order on Motion to Stay

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71 Oct. 31, 2016

Motion to Stay

1 Proposed Order

View on PACER

RECAP
72 Nov. 3, 2016

Order on Motion to Stay

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73 Dec. 16, 2016

Notice of Voluntary Dismissal

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74 Dec. 20, 2016

So Ordered

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Case Details

State / Territory:

Virginia

Case Type(s):

Jail Conditions

Disability Rights

Healthcare Access and Reproductive Issues

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 15, 2015

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is a deaf, Ethiopian-born American citizen. In addition, the United States was involved in support of the plaintiff.

Plaintiff Type(s):

Private Plaintiff

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

County

Arlington County

Defendant Type(s):

Corrections

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Eastern District of Virginia 1:15-cv-00057

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Hire

Reasonable Accommodation

Training

Amount Defendant Pays: $250,000

Order Duration: 2015 - 2017

Issues

General/Misc.:

Communication skills

Conditions of confinement

Language access/needs

Disability and Disability Rights:

Hearing impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Language(s):

Other

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Recommended Citation