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The Disability Rights Section of the U.S. Department of Justice’s Civil Rights Division (“DOJ”) initiated an investigation into the Vermont Department of Corrections (“VDOC”) following complaints that VDOC failed to provide accessible facilities for incarcerated individuals with mobility disabilities and did not ensure effective communication for individuals with hearing disabilities, contrary to the requirements of Title II of the Americans with Disabilities Act (ADA). Individuals with mobility disabilities alleged that the inaccessibility of VDOC prevented them from participating in activities of daily living, educational programs, and religious services. Individuals with hearing disabilities claimed that VDOC violated policy by providing only one hearing aid, when two are prescribed, and by failing to repair and return hearing aids in a timely fashion, preventing them from participating fully in counseling, educational, recreational, religious, and social programs. DOJ’s investigation included architectural surveys, document review, and interviews with administrators, personnel, and individuals incarcerated at VDOC facilities.
DOJ concluded that VDOC failed to provide architectural and communication accessibility, violating the ADA. On October 28, 2021, DOJ announced that it had negotiated a settlement agreement with VDOC instead of pursuing litigation. Effective until October 28, 2024, the settlement provided for both monetary and injunctive relief, including:
Summary Authors
Hannah Juge (6/11/2022)
Last updated Aug. 30, 2023, 3:01 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Vermont
Case Type(s):
Special Collection(s):
Key Dates
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Department of Justice, Disability Rights Section
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
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: $400,000.00
Order Duration: 2021 - 2024
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Issues
General:
Disability and Disability Rights:
Environmental Justice and Resources:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: