Clarkson v. Coughlin

145 F.R.D. 339, 1993 U.S. Dist. LEXIS 907, 1993 WL 20119
CourtDistrict Court, S.D. New York
DecidedJanuary 25, 1993
DocketNo. 91 Civ. 1792 (RWS)
StatusPublished
Cited by16 cases

This text of 145 F.R.D. 339 (Clarkson v. Coughlin) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clarkson v. Coughlin, 145 F.R.D. 339, 1993 U.S. Dist. LEXIS 907, 1993 WL 20119 (S.D.N.Y. 1993).

Opinion

OPINION

SWEET, District Judge.

Proposed plaintiff-intervenors Mark Brock (“Brock”), Terryton Harrison (“Harrison”), Riis Powell (“Powell”), and Glennis Robertson (“Robertson”)1 (collectively, the [341]*341“Intervenors”) have moved to intervene as plaintiffs in this action pursuant to Rule 24(b)(2), Fed.R.Civ.P. The Intervenors and Plaintiffs move to join Stephen Dalsheim (“Dalsheim”) and Mr. Senkowski (“Senkowski”) as a party defendants in this action pursuant to Rule 19(a) and 20(a), Fed.R.Civ. P,2 and for an order certifying this action as a class action pursuant to Rule 23, Fed. R.Civ.P. Finally, the Plaintiffs have moved for leave to amend the original Class Action Complaint (“Original Complaint”) to include claims under the Americans With Disabilities Act, 42 U.S.C. §§ 12131-33 (“ADA”).

For the reasons set forth below the motions of the Plaintiffs and Intervenors are granted.

Parties

1. Defendants

The Defendants are either officials of the New York State Department of Correctional Services ("DOCS”) or of State organizations providing corrections-related services, and they are described in this Court’s opinion of February 3, 1992 in this action, familiarity with which is assumed. See Clarkson v. Coughlin, 783 F.Supp. 789, 792 (S.D.N.Y.1992) (the “Opinion”). Proposed defendant Dalsheim is the Superintendent of the Downstate Correctional Facility (“Downstate”), a DOCS facility located in Fishkill, New York,3 and proposed defendant Senkowski is the Superintendent of the Clinton Correctional Facility (“Clinton”), a DOCS facility located in Dannemora, New York.

II. Plaintiffs

Janice Wahn (“Wahn”) was added as a Plaintiff to this action on the previous motion for intervention by a group of proposed plaintiffs. She is described more fully in the Opinion. See id. at 794, 796. Following the dismissal of Doris Clarkson’s (“Clarkson”) claims against the Defendants as described in the Opinion, id. at 795, Wahn became the lone named Plaintiff and representative of the putative class alleged in the Original Complaint (collectively, the “Plaintiffs”).

III. Intervenors

The Intervenors are presently incarcerated in DOCS facilities, and each is deaf or severely hearing-impaired.

A. Brock

Brock alleges that he has been deaf since birth, and that American Sign Language (“ASL”) is his primary method of communication. He does not read or write English very well, nor can he lipread well, and his speech is not understood by hearing people. He requires the assistance of a qualified sign language interpreter to make himself properly understood.4

Brock has been incarcerated in Downstate since November 1991, and from 1986 to 1988, he was assigned to the Eastern Correctional Facility (“Eastern”) in the Sensorially Disabled Unit (“SDU”) for deaf and hearing-impaired inmates.5 As a transitional facility, Downstate does not offer inmates educational or vocational programs, and the few programs, services, [342]*342and privileges the facility does offer are not available to deaf inmates such as Brock. In addition, Downstate has neither a telephone communication device for the deaf (“TDD”) nor closed caption decoders for the televisions nor a flashing announcement and alarm system to inform Brock and other deaf inmates of emergencies or announcements.

As a result, Brock has been unable to do any of the following at Downstate: participate in DOCS programs, including an Alcoholics Anonymous (“AA”) counseling program (participation in which is relevant to his eligibility for parole); communicate with doctors and nurses about his physical condition; make telephone calls; and watch television. Further, he misses morning count and is at risk of harm because of his inability to hear the public announcement system and the fire alarm.

Brock has been disciplined a number of times over the years, including once for failure to obey an order he did not hear. He also was sent from Eastern to the Auburn Correctional Facility (“Auburn”) for several months for punishment or security reasons. At Auburn, a disciplinary proceeding was held, but Brock was not provided with the services of a qualified sign language interpreter or with other auxiliary aids or devices in preparing for the proceeding or during the proceeding itself. At Downstate, Brock’s counselor assisted him at a disciplinary proceeding, but because she was not fluent in ASL, Brock could not make himself understood through her to those before whom he was appearing.

Brock alleges that he has been advised that he will not be transferred back to the SDU from Downstate but rather will be sent to a minimum security prison.

B. Harrison

Harrison is deaf and communicates primarily in ASL. He cannot lipread well, and his speech is not understood by hearing persons. ‘He is presently incarcerated at the Clinton Correctional Facility (“Clinton”) in Dannemora, New York.

From 1985 to 1987, Harrison was housed at DOCS’ Elmira Correctional Facility (“Elmira”) and Eastern’s SDU. For security reasons, Harrison was transferred from the SDU to the Attica Correctional Facility ("Attica”). At no DOCS facility, other than SDU, was Harrison provided with access to qualified sign language interpreters or other services he required to participate in prison programs and activities. Harrison alleges that, at Attica, he was denied access to all programs and services because of his deafness and stayed in his cell twenty-four hours a day.

Harrison was transferred from Attica to Downstate and then to Clinton. He alleges that he was told he would not be sent back to Eastern’s SDU for security reasons. Like Brock, Harrison has gone through a series of disciplinary proceedings without the assistance of anyone with whom he could communicate adequately and who could serve as an intermediary through whom he could communicate with others. He alleges that he received fifteen days in “keep lock” at Attica after a disciplinary hearing in which he was not provided with an interpreter, and he also met with parole officers at Attica and Elmira without the assistance of an interpreter.

C. Powell

Powell is a deaf inmate who, until recently, had been housed at Downstate. On the record before the Court there is some confusion as to Powell’s present location. The Intervenors’ counsel contends that it was informed by letter dated May 19, 1992 from DOCS that Powell was transferred to Eastern SDU, a transfer which DOCS computers indicate occurred on February 2, 1992. However, Powell’s affidavit in support of this motion indicates that he was still at Downstate as of May 7, 1991. The Intervenors’ counsel has not been able to establish that Powell was actually transferred to Eastern because of communication difficulties, including the lack of TDD equipment and a qualified interpreter.

It is alleged that Powell has been totally deaf from birth and has virtually no residual hearing or ability to speak and only a [343]*343limited ability to communicate in written English.

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145 F.R.D. 339, 1993 U.S. Dist. LEXIS 907, 1993 WL 20119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarkson-v-coughlin-nysd-1993.