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Case: U.S. v. South Carolina Department of Corrections

Never filed | No Court

Filed Date: 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

In March 2018, the South Carolina Department of Corrections (SCDC) and the United States reached a settlement agreement following an investigation of SCDC’s accommodations to inmates with hearing disabilities. The settlement resolved complaints from inmates that they were being denied full and equal access to programs, services, and activities on the basis of their disability as required by the Americans with Disabilities Act (ADA). Specifically, the inmates alleged that SCDC failed to provide …

In March 2018, the South Carolina Department of Corrections (SCDC) and the United States reached a settlement agreement following an investigation of SCDC’s accommodations to inmates with hearing disabilities. The settlement resolved complaints from inmates that they were being denied full and equal access to programs, services, and activities on the basis of their disability as required by the Americans with Disabilities Act (ADA). Specifically, the inmates alleged that SCDC failed to provide sign language interpreters and other auxiliary aids and services including assistive listening devices, telephones compatible with hearing aids, and closed captioning among others.

The agreement requires SCDC to provide resources including auxiliary aids and services and qualified interpreters to ensure that inmates with hearing disabilities will not be excluded from participating in SCDC programs. Additionally, the agreement stated that SCDC will provide training on effective communication with inmates who have a hearing disability. SCDC agreed to provide a written status report to the United States every six months for two years starting from March 2018.

The Clearinghouse does not have access to the initial investigation and the ongoing status reports and do not have further information regarding SCDC’s compliance with the settlement agreement terms. The settlement agreement is posted the Clearinghouse and available here. The DOJ’s press release on the investigation and settlement agreement can be accessed here.

Summary Authors

Richa Bijlani (3/2/2020)

People


Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

Gore, John M. (District of Columbia)

Lorenzo-Giguere, Susanna (District of Columbia)

Ruisanchez, Alberto (District of Columbia)

Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

Gore, John M. (District of Columbia)

Lorenzo-Giguere, Susanna (District of Columbia)

Ruisanchez, Alberto (District of Columbia)

Documents in the Clearinghouse

Resources

Docket

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

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: South Carolina

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States 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

South Carolina Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Availably Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - 2020

Content of Injunction:

Discrimination Prohibition

Monitoring

Goals (e.g., for hiring, admissions)

Training

Issues

General:

Conditions of confinement

Effective Communication (ADA)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run