[blindlaw] Fwd: [Nfbnet-members-list] Maryland Settles Discrimination Case by Blind Inmates for $1.4 Million

[James T. Fetter]

I was one--far and away the most junior--lawyer on this case. I learned 
more in six months on this case than in the previous three years of law 
school. There's nothing like cramming all of discovery into six weeks to 
get your attention!

But perhaps the most significant take-away for me was that, as 
frustrating and at times maddening as litigation can be, especially when 
you barely know what you're doing, it is impossible to quantify how much 
personal satisfaction one can derive from helping those on the extreme 
margins of society become a little less marginalized and to force the 
state to recognize their basic humanity. I may have lost some hair 
because of this case, but I learned that being a lawyer, done right, is 
a calling and not merely a job.

-------- Forwarded Message --------
Subject: 	[Nfbnet-members-list] Maryland Settles Discrimination Case by 
Blind Inmates for $1.4 Million
Date: 	Wed, 5 Jun 2019 18:26:11 +0000
From: 	Danielsen, Chris via NFBNet-Members-List 
<nfbnet-members-list at nfbnet.org>
Reply-To: 	Danielsen, Chris <CDanielsen at nfb.org>
To: 	Danielsen, Chris <CDanielsen at nfb.org>




FOR IMMEDIATE RELEASE

Maryland Settles Discrimination Case by Blind Inmates for $1.4 Million

National Federation of the Blind Assisted Blind Inmates Challenging 
Disability Discrimination

Annapolis, Maryland (June 5, 2019): Nine current and former Maryland 
prison inmates have settled their discrimination lawsuit, Brown v. 
Department of Public Safety and Correctional Services, for $1.4 million 
in damages and attorneys' fees. The Maryland Board of Public Works has 
just approved the settlement payment. Under the settlement, the Maryland 
Department of Public Safety and Correctional Services (DPSCS) will 
modify prison procedures and provide assistive technology for the blind 
to comply with the Americans with Disabilities Act (ADA) and other 
applicable laws.

The lawsuit, brought with the assistance of the Baltimore-based National 
Federation of the Blind and the Prisoner Rights Information System of 
Maryland (PRISM), alleged that DPSCS denied the blind inmates access to 
prison jobs, kept them in prison longer, denied them access to prison 
programs and information, and put them in danger because of their 
disabilities. Specifically, because they were blind, the inmates were 
housed at a medium-security prison, even when they were eligible for 
lower security or for programs at the state's 26 other facilities. Blind 
inmates were also excluded from the prison work programs that allow 
prisoners to learn job skills and earn higher wages and credits off 
their sentences.

The suit further alleged that the blind prisoners did not have equal 
access to prison services and privileges available to other inmates 
because the prison communicates with inmates primarily in print, but 
made no accommodations for inmates who could not see. The ADA, enacted 
in 1990, prohibits discrimination against inmates with vision 
disabilities and requires state agencies, including prisons, to ensure 
"equally effective communication" with blind and low-vision inmates. The 
plaintiffs in the case alleged that the prison's discrimination denied 
them the ability to communicate and endangered their safety. They had to 
rely on other inmates to help them navigate prison facilities, read 
their mail (including attorney-client communications), read the rules in 
the inmate handbook, use the commissary and prison library, file 
grievances and requests for medical attention, and more. Not 
surprisingly, this subjected them to mistreatment by other inmates, who 
took advantage of the blind prisoners' need for help by extorting money, 
commissary items, and even sex.

Some of the changes that DPSCS will make under the settlement agreement 
include:

* Setting up computers with text-to-speech screen reader software, 
document scanners, and other assistive technology in the prison library, 
classrooms, and other locations to allow blind prisoners to conduct 
research and read and prepare documents independently;
* Ensuring that blind inmates have access to qualified human readers and 
scribes who meet certain security and disciplinary criteria; and
* Providing training for blind inmates in skills that will allow them 
greater independence.

"These blind inmates do not seek special treatment," said Mark 
Riccobono, President of the National Federation of the Blind. "They seek 
only equal and independent access to the same facilities, services, and 
privileges that are available to other inmates. Lack of that access has 
not only denied them their rights but led to a nightmare of extortion, 
threats, and violence. We are happy the Department of Public Safety and 
Correctional Services has agreed to make changes and hope that 
corrections officials throughout the nation take note. The National 
Federation of the Blind will continue to fight for the rights of our 
blind brothers and sisters, including those behind bars."

Background: A National Problem
According to the Bureau of Justice 
Statistics<https://www.bjs.gov/content/pub/pdf/dpji1112.pdf>, about 7 
percent of state and federal prisoners have vision disabilities, 
significantly higher than the 2 percent of people not in prison. As 
people age in prison, that number increases to 15 percent. According to 
the report "Making Hard Time 
Harder"<https://www.disabilityrightswa.org/reports/making-hard-time-harder/> 
by the Amplifying Voices of Inmates with Disabilities Project at 
Disability Rights Washington, "While prison is hard for everyone, 
incarceration is even more challenging for inmates with disabilities. 
Research shows that inmates with disabilities are sentenced to an 
average of fifteen more months in prison as compared to other inmates 
with similar criminal convictions. The time they serve is also harder, 
with more sanctions imposed and less access to positive programming than 
other inmates."

Abused, Depressed, and "Frightened All the Time"
Gregory Hammond, one of the plaintiffs, lost his sight in prison due to 
multiple sclerosis. He says of his experiences: "I wanted to work in one 
of the vocational shops at the prison to reduce my sentence and learn 
some skills for when I got out, but they said blind people weren't 
allowed to work in the shops. They assigned me an inmate walker to guide 
me around instead of letting me use a white cane or teaching me how to 
navigate myself. Then they made me share a cell with him and he stole 
from me because I was blind and couldn't see my things. He assaulted me 
because I bumped into his TV, and I couldn't defend myself. And I had to 
depend on him for everything - going out of my cell, reading mail or 
rules, writing medical slips. I even had to pay him to write the medical 
slip to get help for the injuries he gave me. But they still would not 
give me a single cell. Later, when my MS acted up, no one would write a 
medical slip for me, so I was paralyzed in my bed overnight. Inmates I 
had to pay to read my mail for me even went after my family. One 
threatened to hook up with my mother because, while he was reading my 
mail, he saw a picture of her. Another wrote obscene letters to my 
little sister because he got her picture and address from reading my 
mail. I couldn't ask them to write grievances about themselves, even if 
I could have afforded to, and the computers in the library weren't 
accessible for the blind, so I couldn't do anything. I was mentally 
abused and powerless, and it changed me. It made me depressed. I was 
scared and frightened all the time. And it's hard to cope when you are a 
grown man and you have to depend on someone else, another inmate, to 
help you, and he's just taking advantage of you."

###

About the National Federation of the Blind
The National Federation of the Blind (NFB), headquartered in Baltimore, 
is the oldest and largest nationwide organization of blind Americans. 
Founded in 1940, the NFB consists of affiliates, chapters, and divisions 
in the fifty states, Washington DC, and Puerto Rico. The NFB defends the 
rights of blind people of all ages and provides information and support 
to families with blind children, older Americans who are losing vision, 
and more. We believe in the hopes and dreams of blind people and work 
together to transform them into reality. Learn more about our many 
programs and initiatives at www.nfb.org<http://www.nfb.org>.

CONTACT:
Chris Danielsen
Director of Public Relations
National Federation of the Blind
(410) 659-9314, extension 2330
(410) 262-1281 (Cell)
cdanielsen at nfb.org<mailto:cdanielsen at nfb.org>








Christopher S. Danielsen, J.D.
Director of Public Relations
200 East Wells Street, Baltimore, MD 21230
(410) 659-9314, Ext. 2330 | cdanielsen at nfb.org
Twitter: @rlawyer

[National Federation of the Blind]<https://nfb.org/>

[Facebook] <http://www.facebook.com/nationalfederationoftheblind> 
[Twitter] <https://twitter.com/NFB_Voice> [Youtube] 
<https://www.youtube.com/NationsBlind>

The National Federation of the Blind is a community of members and 
friends who believe in the hopes and dreams of the nation's blind. Every 
day we work together to help blind people live the lives they want.

Disclaimer

The information contained in this communication from the sender is 
confidential. It is intended solely for use by the recipient and others 
authorized to receive it. If you are not the recipient, you are hereby 
notified that any disclosure, copying, distribution or taking action in 
relation of the contents of this information is strictly prohibited and 
may be unlawful.

This email has been scanned for viruses and malware, and may have been 
automatically archived by Mimecast Ltd, an innovator in Software as a 
Service (SaaS) for business. Providing a safer and more useful place for 
your human generated data. Specializing in; Security, archiving and 
compliance. To find out more visit the Mimecast website.
_______________________________________________
NFBNet-Members-List mailing list
NFBNet-Members-List at nfbnet.org
List archives: 
<http://www.nfbnet.org/pipermail/nfbnet-members-list_nfbnet.org>
To unsubscribe from NFBNet-Members-List:
goto 
http://nfbnet.org/mailman/options/nfbnet-members-list_nfbnet.org/jtfetter%40yahoo.com