University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Terrill v. Oregon PC-OR-0017
Docket / Court 6:21-cv-00588-AA ( D. Or. )
State/Territory Oregon
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
This lawsuit addresses whether or not prisoners in the state of Oregon have to pay for medical equipment.

A prisoner at the Snake River Correctional Institution (SRCI) filed suit in the U.S. District Court for the District of Oregon on April 20, 2021. Defendants were the State of Oregon ... read more >
This lawsuit addresses whether or not prisoners in the state of Oregon have to pay for medical equipment.

A prisoner at the Snake River Correctional Institution (SRCI) filed suit in the U.S. District Court for the District of Oregon on April 20, 2021. Defendants were the State of Oregon and the Director of the Oregon Department of Corrections. Plaintiff had a lower leg amputation. He had received a prosthesis while incarcerated. To pay for the prosthesis, $10,675 had been garnished from his trust account between May 2013 and April 2021. He still owed $14,415 at the time of filing. The State and the Oregon Administrative Rules (OAR) classified prostheses as elective medical devices. The OAR also allowed prisons to charge prisoners for elective medical devices. Plaintiff sought relief under the Americans with Disability Act (ADA) 42 U.S. Code § 12101, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Plaintiff alleged that the ADA forbids “placing surcharges on medical equipment necessary for people with disabilities to access prison programs, services, and activities.”

Plaintiff sought to certify a class of both former and present disabled prisoners in ODC custody who were charged for medical equipment to accommodate a disability. Relief sought included declaratory and injunctive relief as follows: a declaration that defendant’s policies were discriminatory and violated federal law; an injunction preventing defendant from enforcing portions of OAR 291-124-0085; reimbursement of what plaintiff and class members paid for their medical equipment; and attorney fees. Plaintiff was represented by Disability Rights Advocates and private counsel. Judge Ann L. Aiken was assigned.

This case is ongoing as of July 31, 2021.

Eric Gripp - 07/31/2021


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Corrections
Jurisdiction-wide
Disability
Mobility impairment
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Conditions of confinement
Reasonable Accommodations
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) State of Oregon
Plaintiff Description A prisoner at the Snake River Correctional Institution in Ontario, Oregon, seeking to represent a class defined as all people with disabilities currently and formerly in the custody of the Oregon Department of Corrections, who have been charged for durable medical equipment (DME) and/or healthcare appliances constituting disability accommodations including but not limited to prostheses, orthotics, necessary footwear, and hearing aids pursuant to Oregon Administrative Rules (OAR) 291-124-0085.
Class action status sought Yes
Class action status outcome Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 04/20/2021
Case Ongoing Yes
Additional Resources
click to show/hide detail
  Terrill v. State of Oregon
Disability Rights Advocates
Date: Apr. 20, 2021
By: Disability Rights Advocates
[ Detail ] [ External Link ]

Court Docket(s)
D. Or.
07/27/2021
6:21-cv-00588-AA
PC-OR-0017-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Or.
04/20/2021
Class Action Complaint [ECF# 1]
PC-OR-0017-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Aiken, Ann L. (D. Or.) show/hide docs
PC-OR-0017-9000
Plaintiff's Lawyers Atkinson, Torie Alisa (New York) show/hide docs
PC-OR-0017-0001 | PC-OR-0017-9000
Tevah, Shira J (California) show/hide docs
PC-OR-0017-0001 | PC-OR-0017-9000
Walsh, Lynn S (Oregon) show/hide docs
PC-OR-0017-0001 | PC-OR-0017-9000
Zito, Thomas Philip (California) show/hide docs
PC-OR-0017-0001 | PC-OR-0017-9000
Defendant's Lawyers Fallon, Abigail (Oregon) show/hide docs
PC-OR-0017-9000
Nordyke, Vanessa A. (Oregon) show/hide docs
PC-OR-0017-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -