[NFBOH-Cleveland] Maryland Settles Discrimination Case by Blind Inmates for $1.4 Million

Thu Jun 6 02:13:33 UTC 2019

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/>

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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.

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