Case: Shorter v. DC

1:98-cv-02423 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 13, 1998

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On October 13, 1998, an individual and non-profit filed a lawsuit in the U.S. District Court for the District of Columbia under 42 U.S.C. § 1983 against the District of Columbia (the District) seeking better accommodation for deaf people who need to communicate with police. The plaintiff was represented by The Disability Rights Council of Greater Washington and private counsel. In mid-November, 2000, the parties reached a settlement agreement that provided auxiliary aids and services, including…

On October 13, 1998, an individual and non-profit filed a lawsuit in the U.S. District Court for the District of Columbia under 42 U.S.C. § 1983 against the District of Columbia (the District) seeking better accommodation for deaf people who need to communicate with police. The plaintiff was represented by The Disability Rights Council of Greater Washington and private counsel.

In mid-November, 2000, the parties reached a settlement agreement that provided auxiliary aids and services, including qualified interpreting services, whenever necessary to ensure that individuals who are deaf or hearing impaired have the opportunity for effective communication with officers. The settlement agreement included the adoption of "Policy Guidelines", standards regarding the availability of contracted interpreters on-call for the District, provision of Telecommunication Devices for the Deaf, methods for notifying deaf individuals and public education programs regarding the provision of auxiliary aids for the deaf, and compliance monitoring. The defendants also agreed to pay undisclosed compensatory monetary damages to the plaintiff.

On May 8, 2001, the court re-opened the case to enter an order dismissing the case while retaining jurisdiction to enforce the settlement agreement.

Summary Authors

Louisa Eberle (11/3/2013)

Andrew Steiger (2/11/2014)

People


Judge(s)
Attorney for Plaintiff

Bishop, Bruce Charles (District of Columbia)

Fennell, Stephen A. (District of Columbia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Attorney for Defendant

Beyer, Wayne C. (District of Columbia)

Dix, Mark D. (Virginia)

Documents in the Clearinghouse

Documents in this case

1:98-cv-02423

Docket [PACER]

May 8, 2001

May 8, 2001

Docket

Attachment A: Policy Guidelines

No Court

Feb. 8, 2000

Feb. 8, 2000

Statute/Ordinance/Regulation

1:98-cv-02423

Agreement

Nov. 22, 2000

Nov. 22, 2000

Settlement Agreement
52

1:98-cv-02423

Order

May 8, 2001

May 8, 2001

Order/Opinion

Docket

Last updated March 24, 2025, 8:09 a.m.

ECF Number Date Description Link
1 Oct. 13, 1998

COMPLAINT filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS; jury demand (dot) (Entered: 10/16/1998)

PACER
2 Oct. 13, 1998

RULE 109 Certificate of disclosure of corporate affiliations and financial interests by plaintiff DISABILITY RIGHTS (dot) (Entered: 10/16/1998)

PACER
Oct. 13, 1998

SUMMONS (2) issued for defendant DC (dot) (Entered: 10/16/1998)

PACER
4 Oct. 19, 1998

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 10/13/98 upon DC (tlh) (Entered: 10/20/1998)

PACER
5 Nov. 2, 1998

MOTION (CONSENT) filed by defendant DC to extend time to 11/18/98 to answer complaint [1−1] (tw) (Entered: 11/04/1998)

PACER
6 Nov. 5, 1998

ORDER by Judge Henry H. Kennedy : granting motion to extend time to 11/18/98 to answer complaint [1−1] [5−1] by DC ; Answer extended to 11/18/98 for DC (N) (dcn) (Entered: 11/06/1998)

PACER
7 Nov. 18, 1998

ANSWER TO COMPLAINT [1−1] by defendant DC .; jury demand (tlh) (Entered: 11/19/1998)

PACER
8 Nov. 24, 1998

SCHEDULING ORDER by Judge Henry H. Kennedy status hearing set for 10:00 1/8/99 ; (N) (dcn) (Entered: 11/24/1998)

PACER
9 Nov. 24, 1998

ANSWER TO COMPLAINT [1−1] by defendant DC .; jury demand (tlh) (Entered: 11/25/1998)

PACER
10 Dec. 11, 1998

JOINT MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS, defendant DC . (tlh) (Entered: 12/14/1998)

PACER
Jan. 8, 1999

STATUS HEARING before Judge Henry H. Kennedy : status hearing set for 10:30 3/19/99 ; Reporter: Jackie Wood (dcn) (Entered: 01/11/1999)

PACER
11 March 17, 1999

NOTICE OF CHANGE OF ADDRESS by Elizabeth Elaine Lorraine Gardner representing plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS . New address: WASHINGTON, LAWYERS COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS, 11 Dupont Cirlce, NW, Suite 400, Washington DC 20036 (202) 319−1000. (tb) (Entered: 03/18/1999)

PACER
March 19, 1999

STATUS HEARING before Judge Henry H. Kennedy : status hearing set for 9:45 6/24/99 ; Reporter: Harry Deutsch (dcn) (Entered: 03/19/1999)

PACER
12 March 31, 1999

SUBSTITUTION OF COUNSEL for defendant DC , substituting Judith K. Rayner for attorney Thomas L. Koger for DC (tb) (Entered: 03/31/1999)

PACER
June 24, 1999

SCHEDULING NOTICE: status hearing set for 10:30 7/2/99 ; before Judge Henry H. Kennedy . (dcn) (Entered: 06/24/1999)

PACER
July 2, 1999

STATUS HEARING before Judge Henry H. Kennedy : Case assigned to the Standard track (track two). Reporter: Dennis Dinkel (dcn) (Entered: 07/02/1999)

PACER
13 July 6, 1999

SCHEDULING ORDER by Judge Henry H. Kennedy Case assigned to the Standard track (track two). , dispositive motions due 2/7/00 ; status hearing set for 9:30 3/17/00 ; (N) (dcn) (Entered: 07/06/1999)

PACER
14 Oct. 6, 1999

MOTION (UNOPPOSED) filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to amend complaint [1−1] by DISABILITY RIGHTS, VERNON SHORTER ; EXHIBIT (AMENDED COMPLAINT) (tb) (Entered: 10/07/1999)

PACER
15 Oct. 12, 1999

ORDER by Judge Henry H. Kennedy: granting motion to amend complaint [1−1] by DISABILITY RIGHTS, VERNON SHORTER [14−1] by DISABILITY RIGHTS, VERNON SHORTER (N) (dam) (Entered: 10/13/1999)

PACER
16 Oct. 12, 1999

AMENDED COMPLAINT by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS and amending complaint [1−1] . (tb) (Entered: 10/15/1999)

PACER
17 Oct. 20, 1999

MOTION filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to compel initial disclosure and responses to discovery ; declaration (1); exhibits (9) (tb) (Entered: 10/21/1999)

PACER
18 Nov. 3, 1999

MOTION filed by plaintiff to treat motion to compel as conceded (jf) (Entered: 11/04/1999)

PACER
20 Nov. 12, 1999

TRANSCRIPT filed for date(s) of 07/02/99. Reporter: Dennis A. Dinkel (tb) (Entered: 11/15/1999)

PACER
21 Nov. 29, 1999

MOTION filed by defendant DC to extend time to 12/13/99 to furnish its witless list and comply with discovery requests (tb) (Entered: 11/30/1999)

PACER
23 Dec. 1, 1999

RESPONSE (OPPOSITIONS) by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to motion to extend time to 12/13/99 to furnish its witless list and comply with discovery requests [21−1] by DC (tb) (Entered: 12/02/1999)

PACER
22 Dec. 2, 1999

ORDER by Judge Henry H. Kennedy : granting motion to extend time to 12/13/99 to furnish its witless list and comply with discovery requests [21−1] by DC (N) (dcn) (Entered: 12/02/1999)

PACER
24 Dec. 13, 1999

RULE 26(a)(1) DISCLOSURE STATEMENT filed by defendant DC (tb) (Entered: 12/14/1999)

PACER
25 Feb. 8, 2000

MOTION (EXPEDITED CONSENT) filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to suspend discovery schedule in light of likelihood of settlement ; Attachments. (tth) (Entered: 02/09/2000)

PACER
26 Feb. 14, 2000

ORDER by Judge Henry H. Kennedy : granting motion to suspend discovery schedule in light of likelihood of settlement [25−1] by DISABILITY RIGHTS, VERNON SHORTER status hearing set for 9:30 3/17/00 ; (N) (dcn) (Entered: 02/14/2000)

PACER
27 March 16, 2000

ATTORNEY APPEARANCE for defendant DC by Wayne C. Beyer, Mark D. Dix (tth) (Entered: 03/17/2000)

PACER
28 March 17, 2000

NOTICE OF WITHDRAWAL of attorney Bruce Charles Bishop for VERNON SHORTER. (tth) (Entered: 03/23/2000)

PACER
March 17, 2000

STATUS HEARING before Judge Henry H. Kennedy : oral motion of Bruce Bishop to withdraw as counsel for for plaintiff heard and granted; , pretrial conference set for 9:30 11/29/00 ; trial set for 9:30 12/11/00 ; , referring settlement to Magistrate Reporter: Dolores Byers (dcn) (Entered: 03/17/2000)

PACER
29 March 28, 2000

SECOND SCHEDULING ORDER by Judge Henry H. Kennedy discovery closes 8/23/00; dispositive motions due 9/22/00 ; response to dispositive motions due 10/20/00; reply to dispositive motions due 10/30/00; pretrial conference set for 9:30 11/29/00; trial set for 9:30 12/11/00 (N) (pob) (Entered: 03/28/2000)

PACER
30 March 28, 2000

ORDER by Judge Henry H. Kennedy : referring settlement to Magistrate Judge Facciola (N) (pob) (Entered: 03/28/2000)

PACER
March 28, 2000

CASE REFERRED to Magistrate Judge John M. Facciola for settlement conference; to commence 5/17/00 and conclude by 7/17/00 (mmh) (Entered: 03/30/2000)

PACER
April 4, 2000

SCHEDULING NOTICE: settlement conference set 10:00 5/22/00 before Magistrate Judge John M. Facciola in Chambers, Room 1426. (pao) (Entered: 04/04/2000)

PACER
31 May 22, 2000

MOTION filed by defendant DC to continue settlement conference (tb) (Entered: 05/22/2000)

PACER
32 May 25, 2000

ORDER by Magistrate Judge John M. Facciola : granting motion to continue settlement conference [31−1] by DC; pretrial conference reset to 6/13/00 at 3:30 PM. (N) (pao) (Entered: 05/25/2000)

PACER
33 July 14, 2000

MOTION filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to compel production of documets withheld under claims of deliberative process and self evaluation privileges ; exhibits (1) (tb) (Entered: 07/17/2000)

PACER
35 July 21, 2000

ERRATA RE: corrected page two to plaintiff;s memorandum in support of motion to compel production of documents filed on 07/14/00 by plaintiff VERNON SHORTER; attachment (tb) (Entered: 07/25/2000)

PACER
36 July 27, 2000

ORDER by Judge Henry H. Kennedy : referring plaintiffs motion to compel production of documents withheld under claims of deliberative process and self−evaluation privileges and any discovery disputes to Magistrate Judge John Facciola (N) (dcn) (Entered: 07/27/2000)

PACER
37 July 27, 2000

MOTION (AMENDED) filed by defendant DC to dismiss amended complaint [16−1] , or, in the alternative for summary judgment (tb) (Entered: 07/28/2000)

PACER
38 July 27, 2000

NOTICE OF WITHDRAWAL of motion to dismiss counts 8 through 12 of amended complaint, plaintiff's claims for equitable relief, and plaintiff the disability rights council of greater washington with respect to counts 1 and 3 through 7 [16−1] [34−1] by DC, motion for summary judgment pursuant to Federa Rule of Civil Procedure 56(b) [34−2] by DC (tth) (Entered: 07/31/2000)

PACER
July 27, 2000

CASE RE−REFERRED to Magistrate Judge John M. Facciola for motion to compel and any other discovery disputes that may arise (mmh) (Entered: 07/31/2000)

PACER
39 July 31, 2000

ORDER by Magistrate Judge John M. Facciola : to show cause why Plaintiff's motion to compel production of documents withheld under claims of deliberative process and self−evaluation privileges should not be granted. , response to show cause due 8/14/00 ; (N) (ldc) (Entered: 08/01/2000)

PACER
40 Aug. 14, 2000

RESPONSE by defendant DC in opposition to motion to compel production of documets withheld under claims of deliberative process and self evaluation privileges [33−1] by DISABILITY RIGHTS, VERNON SHORTER; Exhibit (1). (pob) (Entered: 08/15/2000)

PACER
41 Aug. 24, 2000

REPLY by defendant DC to response to motion to compel production of documets withheld under claims of deliberative process and self evaluation privileges [33−1] by DISABILITY RIGHTS, VERNON SHORTER (bm) (Entered: 08/25/2000)

PACER
42 Aug. 30, 2000

ORDER by Magistrate Judge John M. Facciola : denying as moot motion to treat motion to compel as conceded [18−1] by VERNON SHORTER (N) (ldc) (Entered: 08/31/2000)

PACER
43 Sept. 21, 2000

JOINT MOTION by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS, defendant DC to extend deadlines in the March 27, 2000 order (tb) (Entered: 09/25/2000)

PACER
44 Sept. 25, 2000

ORDER by Judge Henry H. Kennedy : granting joint motion to extend deadlines in the March 27, 2000 order [43−1] by DC, DISABILITY RIGHTS, VERNON SHORTER (N) (tb) (Entered: 09/25/2000)

PACER
45 Oct. 19, 2000

JOINT MOTION by plaintiffs VERNON SHORTER and DISABILITY RIGHTS, and defendant DC to extend deadlines set forth in this court's order dated 09/25/00 by an additional 30 days (ag) (Entered: 10/20/2000)

PACER
46 Oct. 23, 2000

ORDER by Judge Henry H. Kennedy : granting joint motion to extend deadlines set forth in this court's order dated 09/25/00 by an additional 30 days [45−1] by DC, DISABILITY RIGHTS, VERNON SHORTER (N) (dcn) (Entered: 10/24/2000)

PACER
48 Nov. 27, 2000

JOINT MOTION by plaintiff, defendants to stay case in light of settlement (jf) (Entered: 12/05/2000)

PACER
47 Nov. 28, 2000

ORDER by Judge Henry H. Kennedy : granting joint motion to stay in light of settlement; cancelling Pretrial conference set for 11/29/00 as to plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS, defendant DC (N) (dcn) (Entered:

PACER
50 April 9, 2001

ORDER by Magistrate Judge John M. Facciola : dismissing without prejudice for 30 days with permission to reopen or case shall stand dismissed with prejudice (N) (lin) (Entered: 04/09/2001)

PACER
April 11, 2001

CASE referral ended Magistrate Judge John M. Facciola (ldc) (Entered: 04/16/2001)

PACER
51 May 2, 2001

MOTION (CONSENT) filed by plaintiff VERNON SHORTER, plaintiff DISABILITY RIGHTS to reopen , and to dismiss with retention of jurisdiction under Federal Civil Procedure 41(a)(2). (hsj) (Entered: 05/07/2001)

PACER
52 May 8, 2001

ORDER by Judge Henry H. Kennedy : granting motion to reopen [51−1] by DISABILITY RIGHTS, VERNON SHORTER, granting motion to dismiss with retention of jurisdiction under Federal Civil Procedure 41(a)(2). [51−2] by DISABILITY RIGHTS, VERNON SHORTER dismissing complaint [1−1] with prejudice (N) (dcn) (Entered: 05/08/2001)

PACER

Case Details

State / Territory:

District of Columbia

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 13, 1998

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Vernon Shorter (an individual) and the Disability Rights Counsel of Greater Washington (a nonprofit corporation)

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

District of Columbia

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

District of District of Columbia 1:98-cv-02423

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Disability and Disability Rights:

Hearing impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation