Case: Duffy v. Riveland
2:92-cv-01596 | U.S. District Court for the Western District of Washington
Filed Date: Oct. 13, 1992
Closed Date: 2002
Clearinghouse coding complete
Case Summary
In 1992 and 1993, a deaf inmate incarcerated at the Washington State Reformatory at Monroe, Washington, filed two pro se suits in the U.S. District Court for the Western District Of Washington contending that prison officials failed to provide him with a qualified interpreter at prison proceedings in violation of his rights under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 ("ADA"); the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("RA"); 42 U.S.C. § 1983 (" § 1983"); and Revised Code of Washington Chapters 2.42.120(1), (2), and (4) ("RCW").
In the first suit filed on October 26, 1992, styled Duffy v. Riveland (92-01596), Duffy challenged the defendants' failure to provide him with a qualified interpreter at a July 30, 1992, prison disciplinary hearing. By order dated January 28, 1994, the District Court (Judge Barbara J. Rothstein) granted summary judgment to the defendants. Duffy appealed.
In the second suit, styled Duffy v. Yost (93-637), Duffy challenged the defendants' failure to provide him with a qualified interpreter at two separate classification hearings. The District Court (Judge Coughenour) granted summary judgment to the defendants on April 19, 1994. Duffy appealed.
The Ninth Circuit Court of Appeals consolidated the two cases on appeal and reversed the summary judgments in part (dismissal of ADA, RA, state law claims and § 1983 claims stemming from disciplinary hearing) and affirmed in part (dismissal of § 1983 claims stemming from classification hearings) and remanded the cases for further proceedings. Duffy v. Riveland. 98 F.3d 447 (1996).
On remand, both cases were assigned to District Judge Rothstein. Duffy amended his complaint and then filed a motion for partial summary judgment on his state law claim. On January 14, 1998, the District Court (Judge Barbara Rothstein) granted plaintiff's motion for summary judgment and held that state law (RCW 2.42.120) required the defendants to provide hearing-impaired inmates with a qualified interpreter at quasi-judicial proceedings. The Court ordered that injunctive relief should be extended to all future disciplinary hearings.
On February 10, 1998, a consolidated class action complaint was filed in the Duffy cases and the case Atkins v. Lehman, also pending in the District. A settlement of all claims followed. The settlement provided for the creation of a new Washington Department of Corrections policy governing treatment of disabled inmates, including provisions relating to providing certified interpreters and TTY access to hearing impaired inmates. In addition to the new policy, the DOC agreed to pay plaintiffs' attorneys fees of $150,000.
The District Court approved the class action settlement by order dated September 3, 1998. The settlement class included "All inmates incarcerated in Washington State Department of Corrections (DOC) facilities now or in the future who are deaf or whose hearing impairment substantially limits a major life activity."
We have no further information on this matter.
Summary Authors
Dan Dalton (2/20/2007)
Jessica Kincaid (7/14/2013)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4765073/parties/duffy-v-riveland/
Arthur, Patricia J. (Washington)
Charmatz, Marc P. (Maryland)
Crollard, Jeff B. (Washington)
Fathi, David Cyrus (District of Columbia)
Carr, Douglas Wayne (Washington)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4765073/duffy-v-riveland/
Last updated April 4, 2025, 10:53 a.m.
Docket for: Duffy v. Riveland
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Oct. 13, 1992
Closing Date: 2002
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All inmates incarcerated in Washington State Department of Corrections (DOC) facilities now or in the future who are deaf or whose hearing impairment substantially limits a major life activity.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
State
Washington Department of Corrections
Defendant Type(s):
Facility 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
Constitutional Clause(s):
Other Dockets:
Western District of Washington 2:92-cv-01596
Western District of Washington 2:93-00637
U.S. Court of Appeals for the Ninth Circuit 94-35191
U.S. Court of Appeals for the Ninth Circuit 94-35444
Western District of Washington 2:96-cv-01985
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Develop anti-discrimination policy
Amount Defendant Pays: 150,000
Order Duration: 1998 - 2002
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Case Summary of Duffy v. Riveland, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/984/ (last updated 7/14/2013).