Case: Livingston v. Beeman

Deaf persons incarcerated by the Texas Department of Criminal Justice (TDCJ) sued TDCJ's Executive Director (ED) alleging that he violated the Texas Human Resources Code (THRC) by failing to reasonably accommodate their impairment. Specifically, the inmates alleged that the ED failed to provide them with reasonable access to the telephone system and failed to provide sign language interpreters to allow them to meaningfully participate in educational, religious, and other prison programs. After a bench trial, the state trial court held for plaintiffs and ordered TDCJ to provide videophone and relay services as well as qualified sign language interpreters under various circumstances and upon request . On July 17, 2013, the state court of appeals determined that THRC was not applicable to prisons because they aren’t public facilities subject to the THRC and that the ED had sovereign immunity. 408 S.W.3d 566.  On June 26, 2015, the Texas Supreme Court affirmed the court of appeals, reasoning that the ED had sovereign immunity because the plaintiffs did not plead or claim that the Legislature waived the ED’s sovereign immunity and that no ultra vires exception existed.  468 S.W.3d 534.  

Previously: Arrington v. Livingston, Case No. 03-12-00205-CV, (Court of Appeals of Texas, Austin, Third District)