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Case: USA v. Youth Services International, Inc.

1:06-cv-01760 | U.S. District Court for the District of Maryland

Filed Date: July 11, 2006

Closed Date: July 28, 2006

Clearinghouse coding complete

Case Summary

A deaf juvenile resided in a Maryland juvenile correctional facility operated by a contracting corporation, Youth Services International, Inc. ("YSI"). YSI operated this facility and over a dozen more, in several states. The juvenile communicated via American Sign Language ("ASL") for in-person communications, but the facility did not provide sign language interpretation services in its educational, recreational, and rehabilitative programs. YSI did not provide auxiliary aids or services to …

A deaf juvenile resided in a Maryland juvenile correctional facility operated by a contracting corporation, Youth Services International, Inc. ("YSI"). YSI operated this facility and over a dozen more, in several states. The juvenile communicated via American Sign Language ("ASL") for in-person communications, but the facility did not provide sign language interpretation services in its educational, recreational, and rehabilitative programs. YSI did not provide auxiliary aids or services to enable the juvenile's communications, whether at the Maryland facility or as a part of an aftercare program YSI conducted. The juvenile complained to the U.S. Department of Justice ("DOJ") that YSI discriminated against him in violation of the Americans with Disabilities Act ("ADA"). After inquiry, the DOJ agreed. This finding led DOJ to negotiate and enter into a March 2004, settlement agreement with YSI.

Under the settlement, YSI paid money damages to the juvenile, to the United States, and agreed to a number of remedial steps. The remediation obligations included ensuring availability of auxiliary aids and services to deaf and hard of hearing juveniles participating in YSI's programs and services; evaluating juveniles promptly to determine what services are needed, if any; providing qualified sign language or other interpreters on-site and/or on-call; establishing procedures for acquiring interpretation services; providing availability of at least one telecommunications device for deaf/hard of hearing juveniles; ensuring visual alarms are provided to hearing-impaired juveniles; and staff training on these topics. Additionally, YSI was obligated to make periodic reports detailing its efforts to comply with the settlement. It filed no reports, however, for over a year and a half. The DOJ had to repeatedly request these filings until an untimely report arrived approximately twenty months after the settlement had been reached. The report showed widespread lack of compliance. DOJ notified YSI of its non-compliance and conducted a review of six additional YSI facilities in three additional states, finding non-compliance in each facility.

In view of the non-compliance, on July 11, 2006, DOJ brought a civil action against YSI in the U.S. District Court for the District of Maryland, seeking a declaration that YSI discriminated against persons with hearing disabilities, in violation of Title III of the ADA, 42 U.S.C. §§ 12181-12189, and of the DOJ's implementing regulations, 28 C.F.R., pt. 38. The government sought to enjoin YSI from further discriminatory conduct and to have the court order payment of money damages to persons harmed by YSI's unlawful discriminatory behavior (other than the original, already-paid complainant). At the same time, the parties jointly moved for conditional dismissal of the lawsuit, in light of the settlement agreement which would, now, be enforceable by the court. District Judge Benson Everett Legg granted the motion for conditional dismissal, placing the case on the inactive docket for three and a half years, to be re-opened during that time upon either party's request.

We have no information about additional activity, if any, in the case.

Summary Authors

Mike Fagan (5/20/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12104111/parties/united-states-v-youth-services-international-inc/


Judge(s)

Legg, Benson Everett (Maryland)

Attorneys(s) for Plaintiff

Bennett, Jamie M. (Maryland)

Bowen, L. Irene (District of Columbia)

Breen, Philip L. (District of Columbia)

DeSheilds Minnis, Tarra (Maryland)

Gonzales, Alberto (District of Columbia)

Johnson, Elizabeth (District of Columbia)

Kim, Wan J. (District of Columbia)

Rosenstein, Rod J. (Maryland)

Scott, Janine (District of Columbia)

Judge(s)

Legg, Benson Everett (Maryland)

Attorneys(s) for Plaintiff

Bennett, Jamie M. (Maryland)

Bowen, L. Irene (District of Columbia)

Breen, Philip L. (District of Columbia)

DeSheilds Minnis, Tarra (Maryland)

Gonzales, Alberto (District of Columbia)

Johnson, Elizabeth (District of Columbia)

Kim, Wan J. (District of Columbia)

Rosenstein, Rod J. (Maryland)

Scott, Janine (District of Columbia)

Wodatch, John L. (District of Columbia)

Documents in the Clearinghouse

Document

1:06-cv-01760

Docket (PACER)

Aug. 18, 2006

Aug. 18, 2006

Docket

Second Settlement Agreement between the United States and Youth Services International Inc.

No Court

Jan. 1, 2006

Jan. 1, 2006

Settlement Agreement

Settlement Attachment A Request Form

No Court

Jan. 1, 2006

Jan. 1, 2006

Settlement Agreement

Settlement Attachment B Compliance Form

No Court

Jan. 1, 2006

Jan. 1, 2006

Settlement Agreement
1

1:06-cv-01760

Complaint

July 11, 2006

July 11, 2006

Complaint
3-5

1:06-cv-01760

Proposed Order [re: Motion to Dismiss Complaint]

July 28, 2006

July 28, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12104111/united-states-v-youth-services-international-inc/

Last updated Sept. 3, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
2

(FILED IN ERROR)Registration of FOREIGN JUDGMENT, entered in the United States District Court for the District of New Jersey in favor of the Plaintiff American Trans-Freight, LLC and against the defendant, Engineered Framing Systems, et al in the amount of $94,075.00 plus post-judgment interest to accrue as therein set forth. (FILING FEE $39.00 RECEIPT # 00000000000). (ljs, Deputy Clerk) Modified on 7/12/2006 (ljs, Deputy Clerk). (Entered: 07/12/2006)

July 10, 2006

July 10, 2006

PACER
1

COMPLAINT against Youth Services International, Inc., filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 07/12/2006)

1 Civil Cover Sheet

View on PACER

July 11, 2006

July 11, 2006

PACER
3

JOINT MOTION FOR CONDITIONAL DISMISSAL OF THE COMPLAINT by United States of America. (Attachments: # 1 Exhibit A# 2 Attachment A# 3 Attachment B# 4 Text of Proposed Order)(raf, Deputy Clerk) (Entered: 07/12/2006)

1 Exhibit A

View on PACER

2 Attachment A

View on PACER

3 Attachment B

View on PACER

4 Text of Proposed Order

View on PACER

July 11, 2006

July 11, 2006

PACER
4

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS by United States of America (Attachments: # 1 Waiver of Service of Summons)(raf, Deputy Clerk) (Entered: 07/12/2006)

1 Waiver of Service of Summons

View on PACER

July 11, 2006

July 11, 2006

PACER

Jury Trial Demand by United States of America. (raf, Deputy Clerk)

July 11, 2006

July 11, 2006

PACER
5

ORDER granting 3 Joint Motion to Dismiss; ORDER ADMINISTRATIVELY CLOSING the case. Signed by Judge Benson Everett Legg on 7/28/06. (eg, Deputy Clerk) (Entered: 07/31/2006)

July 28, 2006

July 28, 2006

PACER
6

REQUEST FOR ENTRY of Appearance by Elizabeth Johnson on behalf of United States of America (eg, Deputy Clerk) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
7

WAIVER OF SERVICE Returned Executed by United States of America. Youth Services International, Inc. waiver sent on 7/24/2006, answer due 9/22/2006. (eg, Deputy Clerk) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER
8

Correspondence from Clerk re: "ECF" warning letter to Counsel. (eg, Deputy Clerk) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Juvenile Institution

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: July 11, 2006

Closing Date: July 28, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice, on behalf on a deaf individuals requesting sign language interpreters, seeking compliance of the Defendant on their March 2004 Settlement Agreement.

Plaintiff Type(s):

Private 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

Youth Services International, Inc., Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - None

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Disability:

Hearing impairment

Type of Facility:

Non-government for-profit