Clarkson v. Coughlin

• Decision Date: 16 June 1995
• Docket Number: No. 91 Civ. 1792 (RWS).,91 Civ. 1792 (RWS).
• Citation: 898 F. Supp. 1019
• Parties: Doris CLARKSON, Individually and on Behalf of All Others Similarly Situated, Plaintiff, and Janice Whan, Mark Brock, Terryton Harrison, Riss Powell, Glennis Robertson, and Larry Randall, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Intervenors, v. Thomas A. COUGHLIN, III, Individually and in His Capacity as Commissioner of the New York State Department of Correctional Services, et al., Defendants.
• Court: U.S. District Court — Southern District of New York

898 F. Supp. 1019

Doris CLARKSON, Individually and on Behalf of All Others Similarly Situated, Plaintiff and Janice Whan, Mark Brock, Terryton Harrison, Riss Powell, Glennis Robertson, and Larry Randall, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Intervenors, v. Thomas A. COUGHLIN, III, Individually and in His Capacity as Commissioner of the New York State Department of Correctional Services, et al., Defendants.

No. 91 Civ. 1792 (RWS).

United States District Court, S.D. New York.

June 16, 1995.

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The Legal Aid Soc., Helaine Barnett, Attorney-in-Charge, Civil Div., Scott A. Rosenberg, Director of Litigation (Jane E. Sabel, Brigitte Laforest, of counsel), Proskauer, Rose, Goetz & Mendelsohn (William E. Hellerstein, of counsel), New York City, for plaintiffs.

Dennis C. Vacco, Atty. Gen., New York City (Frederic L. Lieberman, Edward J. Curtis, Jr., Asst. Attys. Gen., of counsel), for defendants.

OPINION

SWEET, District Judge.

In this class action brought by deaf and hearing-impaired inmates in the custody of New York's Department of Corrections, plaintiffs move for declaratory judgment as to the existence of the statutory and constitutional rights they assert, for summary judgment on all their claims pursuant to Rule 56, Fed.R.Civ.P., and for preliminary and permanent injunctive relief. The claims asserted by the plaintiffs are:

(i) discrimination based on disability in violation of § 504 of the Rehabilitation Act, 29 U.S.C. 794 ("§ 504");

(ii) discrimination based on disability in violation of Title II of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. §§ 12131-12133;

(iii) denial of due process of law in disciplinary, grievance, administrative and parole proceedings and interviews in violation of the due process clause of the Fourteenth Amendment of the U.S. Constitution, U.S. Const. amend. XIV, § 1 (the "Due Process Clause");

(iv) deliberate indifference to the needs of deaf and hearing-impaired inmates in violation of the Due Process Clause;

(v) deprivation of equal protection under the law in violation of the equal protection clause of the Fourteenth Amendment of the U.S. Constitution, U.S. Const. amend. XIV, § 1 (the "Equal Protection Clause");

(vi) infringement of the rights of deaf and hearing-impaired inmates to confidential medical and mental health communications and decision-making in violation of the Fourteenth Amendment of the U.S. Constitution, U.S. Const. amend. IX & XIV, § 1 and

(vii) deliberate indifference to the serious medical needs of deaf and hearing-impaired inmates in violation of the Eighth Amendment to the U.S. Constitution, U.S. Const. amend. VIII.

This Court has jurisdiction pursuant to 28 U.S.C. § 1331.

Plaintiffs have standing to press their constitutional claims under 42 U.S.C. § 1983 ("§ 1983").

For the reasons set forth below, this motion will be granted in part and denied in part.

The Parties

Plaintiff Doris Clarkson ("Clarkson") was from October 1988 until June 1991 an inmate incarcerated by the New York State Department of Correctional Services ("DOCS"). Clarkson has been deaf since early childhood and communicates using American Sign Language ("ASL").

Plaintiff-intervenor Janice Whan ("Whan") was from August 1990 until January 1992 an inmate of DOCS. Whan is hearing-impaired, suffering from congenital, degenerative hearing loss, and communicates by lip reading and with the assistance of hearing aids.

Plaintiff-intervenor Mark Brock ("Brock") was from 1986 to 1993 an inmate of DOCS. Brock has been incarcerated in DOCS' Downstate Correctional Facility ("Downstate"), Auburn Correctional Facility and at the Eastern Correctional Facility ("Eastern"). Brock has been completely deaf since birth, and communicates primarily through ASL.

Plaintiff-intervenor Terryton Harrison ("Harrison") has been from February 1992 to the present an inmate of DOCS. He was incarcerated at Downstate for approximately three months and was then at Clinton Correctional Facility ("Clinton"). Previously, Harrison was incarcerated at the Elmira Correctional Facility ("Elmira"), Attica Correctional Facility ("Attica") and at the Sensorially Disabled Unit at Eastern (the "SDU"). Harrison is deaf, and he communicates primarily through ASL. He has virtually no residual hearing, cannot lip read well and his speech is not understood by hearing persons.

Plaintiff-intervenor Riis Powell ("Powell") has been from early 1992 to the present an inmate of DOCS. Powell is currently incarcerated at the SDU of the Eastern Correctional Facility. Previously he was housed at the Downstate and Coxsackie Correctional Facilities. Powell is deaf from birth, has virtually no residual hearing or ability to speak, and communicates primarily through ASL. He has limited ability to communicate in written English.

Plaintiff Glennis Robertson ("Robertson") was from May 1991 to approximately December 1993 an inmate of DOCS. Robertson is hearing-impaired, and communicates through ASL, Signed English, and lip reading. She cannot communicate well by reading or writing English. Her reading comprehension was tested by DOCS as grade level 2.9.

Plaintiff Larry Randall ("Randall") was from 1989 to April 1994 an inmate of DOCS. He served his sentence at the Attica, Green-haven and at Southport Correctional Facilities. He was transferred to Sing Sing Correctional Facility ("Sing Sing") after he became seriously ill, and was given medical parole in April 1994. Randall is hearing-impaired, and hears through the use of hearing aids.

These named plaintiffs represent two sub-classes of deaf and hearing-impaired inmates as defined in this Court's decision of January 25, 1993. The plaintiff class was certified as two distinct sub-classes, one male (the "Male Sub-Class") and one female (the "Female Sub-Class") described as follows:

(a) all present and future deaf and hearing-impaired male inmates of the New York State Department of Correctional Services who have been, are, or will be discriminated against, solely on the basis of their disability, in receiving the rights and privileges accorded to all other inmates; and

(b) all present and future deaf and hearing-impaired female inmates of the New York State Department of Correctional Services who have been, are, or will be discriminated against, solely on the basis of their disability, in receiving the rights and privileges accorded to other inmates.

Clarkson v. Coughlin, 145 F.R.D. 339, 347-48 (S.D.N.Y.1993) ("Clarkson II").¹

Defendant DOCS is a department of New York State. Defendant Thomas A. Coughlin III is Commissioner of DOCS ("Coughlin") and is responsible for the supervision, management and control of all DOCS facilities. DOCS receives federal financial assistance in excess of $7 million. As a department of New York State, DOCS is a "public entity" within the purview of the ADA, 42 U.S.C. §§ 12131, 12132.

Defendant Robert Greifinger is Deputy Commissioner and Chief Medical Officer of DOCS ("Greifinger"). He is responsible for the provisions of health care services to DOCS inmates, the organization and supervision of DOCS' Division of Health Services and the performance of DOCS' health care employees.

Defendant Susan Butler is Deputy Commissioner for Program Services of DOCS ("Butler"). She is responsible for the delivery of program services to DOCS inmates, including recreation, education and visiting.

Defendant Elaine A. Lord is Superintendent of Bedford Hills Correctional Facility ("Lord"). Lord is charged with the supervision, management, and control of Bedford Hills, including directing the work and defining the duties of all subordinate officers and employees of that facility.

Defendant Bridget Gladwin is Superintendent of the Taconic Correctional Facility ("Gladwin"). Gladwin is charged with the supervision, management, and control of Taconic, including directing the work and defining the duties of all subordinate officers and employees of that facility.

Defendant Walter Kelly is Superintendent of Attica ("Kelly"). Kelly is charged with the supervision, management, and control of Attica, including directing the work and defining the duties of all subordinate officers and employees of that facility.

Defendant Daniel Senkowski is Superintendent of Clinton Correctional Facility ("Senkowski"). Senkowski is charged with the supervision, management, and control of Clinton, including directing the work and defining the duties of all subordinate officers and employees of that facility.

Defendant Stephen Dalsheim is Superintendent of Downstate ("Dalsheim"). Dalsheim is charged with the supervision, management, and control of Downstate, including directing the work and defining the duties of all subordinate officers and employees of that facility.

Defendant Raul Russi is Chair of the New York State Board of Parole and Head of the New York State Division of Parole ("Russi"). He has superintendence, management and control of all New York State Board of Parole and Division of Parole hearings and services.

Defendant Richard C. Surles ("Surles") is Commissioner of the New York State Office of Mental Health ("OMH"). Pursuant to N.Y. Corr. Law § 401, DOCS has designated the Office of Mental Health to provide psychiatric services to inmates in the State correctional system. These defendants are sometimes referred to herein collectively as the "Defendants".

Prior Proceedings

Clarkson initiated this action by filing a Class Action Complaint on March 15, 1991. On March 26, 1991, she brought an Order to Show Cause seeking access to the requested services, among other relief. Clarkson filed her First Amended Class Action Complaint on May 10, 1991. Defendants answered on May 17, 1991. On June 14, 1991, the date on which Clarkson was paroled, the Defendants moved for dismissal of the action and transfer. Motions for intervention, joinder of additional defendan...