Filed Date: May 13, 2020
Closed Date: June 23, 2021
Clearinghouse coding complete
In 2018, a deaf individual called 911 using a video relay interpretive service on his cell phone after being threatened by his roommate. At least one of the responding Indianapolis Metropolitan Police Department (IMPD) officers had previously been to plaintiff’s residence and was or should have been on notice that plaintiff communicated through American Sign Language (ASL). Despite the advanced notice, the responding IMPD officers failed to provide a qualified interpreter or any auxiliary aids, relying instead on a witness who was not present during the underlying incident to communicate. Plaintiff was not given a chance to explain why he had called 911; instead, he was arrested and incarcerated in the Marion County Jail for four days without access to an ASL interpreter or any auxiliary aids to ensure effective communication. Plaintiff was detained without having the charges against him or any rules and procedures of the jail explained.
Represented by Indiana Disability Rights (IDR), the state protection and advocacy system, plaintiff filed suit on May 13, 2020, in the Southern District of Indiana against the IMPD, the Marion County Sheriff’s Office, and Marion County for violation of his civil rights under Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Indiana state law. Plaintiff amended his complaint on July 7, 2020 to include the City of Indianapolis as a defendant on his ADA claim because of the City’s responsibility for operating the IMPD and status as a public entity. The case was assigned to Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore.
Defendants responded on August 10, 2020 and the parties proceeded with preliminary discovery. On January 12, 2021, the parties held a settlement conference and amended the case management plan to allow time for settlement discussions to continue. The parties reported to the court on April 23, 2021 that a settlement had been reached and the case was dismissed on June 22, 2021. The Clearinghouse was unable to confirm the terms of the settlement agreement.
Summary Authors
Hannah Juge (6/26/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17155351/parties/rowe-v-indianapolis-metropolitan-police-department/
Young, Richard L. (Indiana)
Gray, Nikki G. (Indiana)
McGowan, Stephanie V. (Indiana)
Overholt, Anthony W. (Indiana)
Upchurch, Andrew J. (Indiana)
Young, Richard L. (Indiana)
See docket on RECAP: https://www.courtlistener.com/docket/17155351/rowe-v-indianapolis-metropolitan-police-department/
Last updated Feb. 24, 2024, 3:05 a.m.
State / Territory: Indiana
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: May 13, 2020
Closing Date: June 23, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Deaf individual arrested and subsequently incarcerated without opportunity to effectively communicate.
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Marion County Sheriff's Office (Marion), County
Marion County (Marion), County
Indianapolis Metropolitan Police Department (Indianapolis), City
Defendant Type(s):
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
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
General:
Disability and Disability Rights:
Discrimination-basis: