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The United States Department of Justice (“DOJ”) initiated an investigation into the Central Virginia Regional Jail (“CVRJ”), run by the Virginia Regional Jail Authority (“VRJA”) following a complaint alleging violations of Title II of the Americans with Disabilities Act (“ADA”). The complainant, a deaf individual who uses American Sign Language (“ASL”) to communicate, alleged that VRJA failed to provide a qualified interpreter or any additional aids or services so that she could effectively communicate during her 30-day incarceration in 2015. According to the complainant, VRJA also failed to afford her an equal opportunity to use telecommunications services.
In addition to finding that VRJA had failed to comply with ADA requirements during the complainant’s incarceration, the investigation concluded that VRJA was generally non-compliant with several ADA requirements at CVRJ and other facilities. The VRJA failed to show that it conducted regular self-evaluations or made information about accessible services obtainable by individuals with impaired vision or hearing. The VRJA also lacked an ADA Coordinator responsible for implementing regulations. After cooperating with the DOJ throughout the investigation, VRJA entered into a settlement agreement following the investigation’s conclusion.
Signed on March 12, 2019, the terms of the settlement agreement included designating an ADA Coordinator and ADA Deputy Coordinator who would be responsible for coordinating the VRJA’s efforts to comply with ADA requirements. The VRJA agreed to modify its intake procedure so that when a person with a disability comes into custody, intake staff document the disability and notify the necessary personnel to ensure necessary accommodations are provided. Other provisions intended to facilitate effective communication included making qualified interpreters available, providing hearing aids and other auxiliary aids (oral transliterators, text telephones (TTYs), computer-assisted real time transcription, telephone handset amplifiers, closed caption decoders, etc.), and developing personnel handbooks on procedures to ensure that individuals with hearing impairments are able to communicate. The VRJA also provided monetary relief in the form of a $50,000 payment to the complainant to be placed into an annuity or special needs trust. The agreement was effective for twenty-three months from its signing date, concluding in February 2022.
Summary Authors
Hannah Juge (6/17/2022)
Last updated Aug. 30, 2023, 3:01 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Virginia
Case Type(s):
Special Collection(s):
Key Dates
Closing Date: 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Department of Justice Civil Rights Division
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: 50,000.00
Order Duration: 2019 - 2022
Content of Injunction:
Issues
General:
Staff (number, training, qualifications, wages)
TTY/Close Captioning/Videophone/etc.
Disability and Disability Rights:
Screen readers and similar accessibility devices
Environmental Justice and Resources:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: