Case: DOJ ADA Investigation of Vermont Department of Corrections
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Case Summary
The Disability Rights Section of the U.S. Department of Justice’s Civil Rights Division (“DOJ”) initiated an investigation into the Vermont Department of Corrections (“VDOC”) following complaints that VDOC failed to provide accessible facilities for incarcerated individuals with mobility disabilities and did not ensure effective communication for individuals with hearing disabilities, contrary to the requirements of Title II of the Americans with Disabilities Act (ADA). Individuals with mobility disabilities alleged that the inaccessibility of VDOC prevented them from participating in activities of daily living, educational programs, and religious services. Individuals with hearing disabilities claimed that VDOC violated policy by providing only one hearing aid, when two are prescribed, and by failing to repair and return hearing aids in a timely fashion, preventing them from participating fully in counseling, educational, recreational, religious, and social programs. DOJ’s investigation included architectural surveys, document review, and interviews with administrators, personnel, and individuals incarcerated at VDOC facilities.
DOJ concluded that VDOC failed to provide architectural and communication accessibility, violating the ADA. On October 28, 2021, DOJ announced that it had negotiated a settlement agreement with VDOC instead of pursuing litigation. Effective until October 28, 2024, the settlement provided for both monetary and injunctive relief, including:
- Making structural changes to VDOC facilities according to ADA Standards for Accessible Design;
- Implementing a comprehensive process, starting at intake, to identify and accommodate individuals with disabilities;
- Developing individualized communication assessments and plans setting out the auxiliary aids and services necessary to ensure effective communication for individuals with hearing disabilities:
- Removing physical barriers for individuals with mobility disabilities to ensure access to prison cells and work assignments;
- Providing annual training for the duration of the agreement on Title II of the ADA to correctional staff;
- Engaging in compliance reporting and monitoring with DOJ; and
- Paying $80,000 to at least five current and former individuals who were harmed.
Summary Authors
Hannah Juge (6/11/2022)
Documents in the Clearinghouse
Resources
Docket
Last updated Aug. 30, 2023, 3:01 p.m.
Docket sheet not available via the Clearinghouse.Case Details
State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Special Collection(s):
Key Dates
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Department of Justice, Disability Rights Section
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Amount Defendant Pays: $400,000.00
Order Duration: 2021 - 2024
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Jails, Prisons, Detention Centers, and Other Institutions:
Case Summary of DOJ ADA Investigation of Vermont Department of Corrections, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43301/ (last updated 6/11/2022).