Armstrong v. Brown

939 F. Supp. 2d 1012, 2013 WL 2443350, 2013 U.S. Dist. LEXIS 78533
CourtDistrict Court, N.D. California
DecidedJune 4, 2013
DocketNo. C 94-2307 CW
StatusPublished
Cited by1 cases

This text of 939 F. Supp. 2d 1012 (Armstrong v. Brown) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armstrong v. Brown, 939 F. Supp. 2d 1012, 2013 WL 2443350, 2013 U.S. Dist. LEXIS 78533 (N.D. Cal. 2013).

Opinion

ORDER GRANTING MOTION FOR A FURTHER ENFORCEMENT ORDER AND DENYING MOTION TO HOLD DEFENDANTS IN.CONTEMPT OF COURT (Docket No. 2236)

CLAUDIA WILKEN, District Judge.

Plaintiffs move to enforce, and hold Defendants in contempt for violating, the Court’s prior orders, on the' basis that Defendants have consistently failed to provide sign language interpreters (SLIs) during education and vocational programs at the Substance Abuse Treatment Facility (SATF) and for failing to provide SLIs during psychiatric technicians’ rounds for patients housed in administrative segregation housing units. Defendants oppose Plaintiffs’ motion. For the reasons set forth below, the Court GRANTS the motion to enforce its prior orders and DENIES the motion to hold Defendants in contempt.

BACKGROUND

In a series of orders between 1996 and 2002, the Court found that Defendants’ treatment of prisoners with disabilities violated the American with Disabilities Act (ADA) and section 504 of the Rehabilitation Act.

On January 3, 2001, Defendants issued the amended Armstrong Remedial Plan (ARP) setting forth their own policies and plans to come into compliance with their obligations under these federal laws. See Kendrick Decl. ¶ 2, Ex. 1(ARP).

Among other things, the ARP addressed effective communication for deaf inmates. It recognized, “Because of the critical importance of communication involving due process or health care, the standard for equally effective communication is higher when these interests are involved.” Kem drick Decl. ¶2, Ex. 1,- 4, § II.E.2. The ARP mandates that an “inmate’s ability to lip read shall not be the sole source used by staff as a means of effective communication involving due process or medical consultations, unless the inmate has no other means of communication.” Id. .at 6, § II.E.2.Í. The ARP also provides, “Qualified sign language interpreters ... will be provided for all due process functions and medical consultations that fall within the scope of those described below when sign language is the inmate’s primary or only means of effective communication, unless the inmate waives the assistance of an interpreter, reasonable attempts to obtain one are not successful, and/or delay would pose a safety or security risk.” Id. at 5, § II.E.2.d. In the event that “a qualified sign language interpreter is not available, or is waived by the inmate, and communication is attempted,” staff are required to “employ the most effective form of communication available, using written notes; staff interpreters who are able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary; or any other appropriate means.” Id. at 5-6. Covered medical consultations included, for example, those pertaining to “[explanation of procedures, tests, treatment, treatment options, or surgery,” and “mental health evaluations, group and individual therapy, counseling and other therapeutic activities.” Id. at 6. The list of medical consultations is “neither exhaustive nor mandatory, and shall not imply that there are no other circumstances when it may be appropriate to provide interpreters for effective communication nor that an interpreter must always be provided in these circumstances.” Id. The ARP also requires equal access for deaf prisoners, providing, “Accommodations shall be made to afford equal access to the court, to legal [1016]*1016representation, and to health care services, for inmates/parolees with disabilities; e.g., vision, speech, hearing, and learning disabled.” Id. at 7, § II.G.1

The federal ADA regulations define “qualified interpreter” as “an interpreter who ... is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.” 28 C.F.R. § 35.104. The ARP defines “qualified sign language interpreter” to include “a person adept at American Sign Language.” Kendrick Decl. ¶ 2, Ex. 1, 6, § II.E.3. Under the ARP, to “qualify as an ASL interprets er, an individual must pass a test and qualify in one of the five categories established by the National Association for the Deaf (NAD), .one of the three categories established by the Registry of Interpreters for the Deaf (RID), or as a Support Services Assistant Interpreter from the California Department of Rehabilitation.” Id. at 6-7.2 Under the ARP, each institution is required “to establish a contract or service agreement with a local signing interpreter service organization in order to provide interpretive services for hearing impaired inmates during due process functions and medical consultations.” Id.

The ARP further states, “It is the policy of CDC to ensure that all inmates, regardless of any type of disability, participate in educational/vocational, and work programs.” Id. at 29, § IV.I.14.a. Thus, it provided, “Reasonable modifications/accommodations shall be provided to ensure access when appropriate for qualified inmates with disabilities to participate in all programs, services, or activities including vocational assignments,” and “Reasonable modifications/acco'mmodations shall be provided to ensure access to academic programs.” Id. at 30, § IV.I.16-17; see also id. at' 7, § II.F (“The Department shall provide reasonable accommodations or modifications for known physical or mental disabilities of qualified inmates/parolees.”). “Examples of reasonable accommodations include special equipment (such as readers, sound amplification devices, or Braille materials), inmate or .staff assistance, [and] bilingual or qualified.sign language interpreters.” Id. at 7, § II.F.

On January 18, 2007, the Court found that Defendants had not met their obligations to comply with federal law and the Court’s orders and continued to violate the rights of prisoners with disabilities in four significant areas. Docket No. 1045, 2. As relevant here, the Court found,

Contrary to law and the Armstrong Remedial Plan, defendants consistently and systemieally deny sign language interpreters to deaf prisoners. Within designated prisons, the violations occur most frequently at deaf [prisoners’] medical and mental health appointments. Plaintiffs have also presented pervasive evidence of violations with regard to suicidal prisoners; in education, work, and other programming; and during classification hearings, harming deaf signers by forcing them to rely on ineffective and inadequate forms of communication such as lip reading and written notes. As such, deaf signers are unable to understand or comprehend significant due [1017]*1017process proceedings and medical care provided to them.

Id. at 3. The Court ordered Defendants to “establish as permanent civil service positions qualified sign language interpreters for each prison designated to house prisoners whose hearing disabilities impact their placement (DPH)” and to “employ, through whatever salary is necessary, sufficient qualified interpreters to serve the needs of the DPH prisoners housed at each institution.” Id. at 8. The Court also required Defendants to comply with the policies and procedures contained in- the ARP related to these issues, specifically including those regarding effective communication for deaf prisoners contained in Section II.E. Id. at 9.

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Bluebook (online)
939 F. Supp. 2d 1012, 2013 WL 2443350, 2013 U.S. Dist. LEXIS 78533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-v-brown-cand-2013.