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

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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…

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.

	Document
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

Title	Description		External URL Date / External URL
White Paper: Effective Communication with Deaf, Hard of Hearing, Blind, and Low Vision Incarcerated People Tessa Bialek and Margo Schlanger	This version of the white paper is screen readable. A large print (but not screen readable) version of the white paper is available here…	July 2022	July 7, 2022
This Deaf Immigrant Was Ignored in Jail. Now He Will Get $250,000. Rachel Weiner		Nov. 19, 2016	Nov. 19, 2016 https://www.washingtonpost.com/...

ECF Number	Description	Date	Link Date / Link
1	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	Jan. 15, 2015	Jan. 15, 2015 RECAP
2	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)	Jan. 15, 2015	Jan. 15, 2015 PACER
3	SUMMONS Returned Executed as to Arlington County Detention Facility; served on 1/15/2015, answer due 2/5/2015 (pmil, ) (Entered: 01/23/2015)	Jan. 22, 2015	Jan. 22, 2015 PACER
4	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)	Jan. 22, 2015	Jan. 22, 2015 PACER
5	SUMMONS Returned Executed as to Arlington County Board; served on 1/15/2015, answer due 2/5/2015 (pmil, ) (Entered: 01/23/2015)	Jan. 22, 2015	Jan. 22, 2015 PACER
6	MOTION to Dismiss by Arlington County Detention Facility, Arlington County Sheriff's Office. (Francuzenko, Alexander) (Entered: 02/05/2015)	Feb. 5, 2015	Feb. 5, 2015 PACER
7	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)	Feb. 5, 2015	Feb. 5, 2015 PACER
8	Notice of Hearing Date set for March 13, 2015; 10:00 am re 6 MOTION to Dismiss (Francuzenko, Alexander) (Entered: 02/05/2015)	Feb. 5, 2015	Feb. 5, 2015 PACER
9	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)	Feb. 5, 2015	Feb. 5, 2015 PACER
10	MOTION to Dismiss for Failure to State a Claim by Arlington County Board. (Tramblian, Ara) (Entered: 02/05/2015)	Feb. 5, 2015	Feb. 5, 2015 PACER
11	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)	Feb. 5, 2015	Feb. 5, 2015 PACER
12	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)	Feb. 5, 2015	Feb. 5, 2015 PACER
	Set Motion and R&R Deadlines/Hearings	Feb. 6, 2015	Feb. 6, 2015 PACER
	Set Motion and R&R Deadlines/Hearings	Feb. 9, 2015	Feb. 9, 2015 PACER
13	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)	Feb. 12, 2015	Feb. 12, 2015 PACER
14	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)	Feb. 12, 2015	Feb. 12, 2015 PACER
15	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)	Feb. 12, 2015	Feb. 12, 2015 PACER
16	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)	Feb. 12, 2015	Feb. 12, 2015 PACER
17	ORDER granting 15 Motion for Pro hac vice. Signed by District Judge James C. Cacheris on 02/18/15. (pmil, ) (Entered: 02/18/2015)	Feb. 18, 2015	Feb. 18, 2015 PACER
18	ORDER granting 14 Motion for Pro hac vice. Signed by District Judge James C. Cacheris on 02/18/15. (pmil, ) (Entered: 02/18/2015)	Feb. 18, 2015	Feb. 18, 2015 PACER
19	ORDER granting 13 Motion for Pro hac vice. Signed by District Judge James C. Cacheris on 02/05/15. (pmil, ) (Entered: 02/18/2015)	Feb. 18, 2015	Feb. 18, 2015 PACER
20	ORDER granting 16 Motion for Pro hac vice. Signed by District Judge James C. Cacheris on 02/18/15. (pmil, ) (Entered: 02/18/2015)	Feb. 18, 2015	Feb. 18, 2015 PACER
21	AMENDED COMPLAINT against All Defendants, filed by Abreham Zemedagegehu.(Goodrich, Jonathan) (Entered: 02/19/2015)	Feb. 19, 2015	Feb. 19, 2015 RECAP
22	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)	Feb. 19, 2015	Feb. 19, 2015 PACER
23	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	Feb. 19, 2015	Feb. 19, 2015 PACER
24	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)	Feb. 24, 2015	Feb. 24, 2015 RECAP
25	AMENDED COMPLAINT SUMMONS Returned Executed as to Elizabeth F. Arthur; served on 2/23/2015 (pmil, ) (Entered: 03/03/2015)	Feb. 26, 2015	Feb. 26, 2015 PACER
	Case Assigned/Reassigned	March 1, 2015	March 1, 2015 PACER
26	AMENDED COMPLAINT SUMMONS Returned Executed as to Harold W. Clarke; served on 2/23/2015 (pmil, ) (Entered: 03/12/2015)	March 12, 2015	March 12, 2015 PACER
27	AMENDED COMPLAINT SUMMONS Returned Executed as to Carl R. Peed; served on 2/23/2015 (pmil, ) (Entered: 03/12/2015)	March 12, 2015	March 12, 2015 PACER
28	AMENDED COMPLAINT SUMMONS Returned Executed as to Virginia Department of Corrections; served on 2/23/2015 (pmil, ) (Entered: 03/12/2015)	March 12, 2015	March 12, 2015 PACER
29	AMENDED COMPLAINT SUMMONS Returned Executed as to Virginia Board of Corrections; served on 2/23/2015 (pmil, ) (Entered: 03/12/2015)	March 12, 2015	March 12, 2015 PACER
30	MOTION to Dismiss for Failure to State a Claim (Pl's First Amended Complaint) by Elizabeth F. Arthur. (Francuzenko, Alexander) (Entered: 03/16/2015)	March 16, 2015	March 16, 2015 PACER
31	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)	March 16, 2015	March 16, 2015 PACER
32	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)	March 16, 2015	March 16, 2015 PACER
33	ANSWER to Complaint (First Amended Complaint) by Elizabeth F. Arthur.(Francuzenko, Alexander) (Entered: 03/16/2015)	March 16, 2015	March 16, 2015 PACER
34	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)	March 16, 2015	March 16, 2015 PACER
35	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)	March 16, 2015	March 16, 2015 PACER
36	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)	March 16, 2015	March 16, 2015 PACER
37	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)	March 16, 2015	March 16, 2015 RECAP
	Set Motion and R&R Deadlines/Hearings	March 17, 2015	March 17, 2015 PACER
38	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)	March 17, 2015	March 17, 2015 PACER
	Set Motion and R&R Deadlines/Hearings	March 18, 2015	March 18, 2015 PACER
39	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)	March 30, 2015	March 30, 2015 PACER
40	RESPONSE in Opposition re 36 MOTION to Dismiss for Failure to State a Claim filed by Abreham Zemedagegehu. (Goodrich, Jonathan) (Entered: 03/30/2015)	March 30, 2015	March 30, 2015 PACER
	Set/Clear Flags	April 1, 2015	April 1, 2015 PACER
41	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)	April 3, 2015	April 3, 2015 PACER
	Docket Annotation	April 6, 2015	April 6, 2015 PACER
42	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)	April 6, 2015	April 6, 2015 PACER
43	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)	April 16, 2015	April 16, 2015 PACER
44	MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 04/28/15. (pmil, )	April 28, 2015	April 28, 2015 RECAP
45	Order on Motion to Dismiss for Failure to State a Claim	April 28, 2015	April 28, 2015 PACER
47	Scheduling Order 1 Magistrate Consent Form View on PACER 2 Pretrial Notice View on PACER	May 5, 2015	May 5, 2015 PACER
46	Motion to Quash 1 Exhibit View on PACER	May 6, 2015	May 6, 2015 PACER
48	Opposition	May 7, 2015	May 7, 2015 PACER
49	Order on Motion to Quash	May 7, 2015	May 7, 2015 PACER
50	Transcript	May 15, 2015	May 15, 2015 PACER
51	Discovery Plan	May 20, 2015	May 20, 2015 PACER
52	Pretrial Conference - Initial	May 27, 2015	May 27, 2015 PACER
53	Order Rule 16(b) Scheduling Order	June 1, 2015	June 1, 2015 PACER
54	Motion for Protective Order 1 Exhibit View on PACER	June 29, 2015	June 29, 2015 PACER
55	Order on Motion for Protective Order	July 2, 2015	July 2, 2015 PACER
56	Motion to appear Pro hac vice	July 13, 2015	July 13, 2015 PACER
57	Order on Motion for Pro hac vice	July 15, 2015	July 15, 2015 PACER
58	Motion to Stay 1 Proposed Order View on PACER	July 27, 2015	July 27, 2015 PACER
59	Notice of Hearing Date	July 27, 2015	July 27, 2015 PACER
60	Order on Motion to Stay	July 28, 2015	July 28, 2015 PACER
	Set Motion and R&R Deadlines/Hearings	July 28, 2015	July 28, 2015 PACER
61	Motion to Stay 1 Proposed Order View on PACER	Oct. 27, 2015	Oct. 27, 2015 PACER
62	Order on Motion to Stay	Oct. 29, 2015	Oct. 29, 2015 PACER
63	Motion to Stay 1 Proposed Order View on PACER	Jan. 28, 2016	Jan. 28, 2016 PACER
64	Order on Motion to Stay	Feb. 4, 2016	Feb. 4, 2016 PACER
65	Motion to Stay 1 Proposed Order View on PACER	April 28, 2016	April 28, 2016 PACER
66	Order on Motion to Stay	May 4, 2016	May 4, 2016 PACER
67	Motion to Stay 1 Proposed Order View on PACER	June 16, 2016	June 16, 2016 PACER
68	Order on Motion to Stay	June 21, 2016	June 21, 2016 PACER
69	Motion to Stay 1 Proposed Order View on PACER	Aug. 25, 2016	Aug. 25, 2016 PACER
70	Order on Motion to Stay	Aug. 30, 2016	Aug. 30, 2016 PACER
71	Motion to Stay 1 Proposed Order View on PACER	Oct. 31, 2016	Oct. 31, 2016 PACER
72	Order on Motion to Stay	Nov. 3, 2016	Nov. 3, 2016 PACER
73	Notice of Voluntary Dismissal	Dec. 16, 2016	Dec. 16, 2016 PACER
74	So Ordered	Dec. 20, 2016	Dec. 20, 2016 RECAP

Case: Zemedagegehu v. Arthur and related DOJ matter

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

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