FOR IMMEDIATE RELEASE
Contacts:
Barry Taylor, Equip for Equality, 312-895-7317, barryt@equipforequality.org
Alan Mills, Uptown People’s Law Center, 773-769-1411, alan@uplcchicago.org
Jill Shea, Winston & Strawn LLP, 312-558-3734, jshea@winston.com
Howard A. Rosenblum, National Association of the Deaf, 301-587-1788, howard.rosenblum@nad.org
Federal Judge Gives Green Light to Class Action Seeking
Accommodations for Deaf Prisoners in Illinois
Chicago (October 12, 2015) - A federal judge has granted class action status for a case filed to
address the Illinois Department of Corrections’ (IDOC) systemic failure to provide critical
accommodations to deaf and hard of hearing prisoners. Denials of accommodations include the
IDOC’s refusal to provide American Sign Language interpreters and other alternate forms of
communication. Without these accommodations, deaf and hard of hearing prisoners are
endangered and deprived of meaningful access to religious services, healthcare, educational and
vocational programs, telephones, televisions, library services, disciplinary proceedings,
grievances, and pre-release programs.
In ruling that the case could proceed to trial as a class action, the court found:
“[T]here are considerable disputed facts as to whether IDOC has appropriate policies and
procedures in place and whether those that do exist are sufficient or even practiced and
enforced. … Plaintiffs presented significant proof of the systemic failures alleged.”
The lawsuit was filed by the law firm Winston & Strawn LLP, serving as lead counsel and
providing representation on a pro bono basis; two Illinois non-profit legal advocacy
organizations, Equip for Equality and Uptown People’s Law Center; and the National
Association of the Deaf.
In addition to granting class certification, the judge denied the State’s motion for summary
judgment, and held that there was sufficient evidence to proceed to trial with the class’s claims
1
under the Americans with Disabilities Act, the Rehabilitation Act, the Religious Land Use and
Institutionalized Persons Act, and claims under the U.S. Constitution related to the free exercise
of religion, due process, and cruel and unusual punishment. The judge also denied the IDOC’s
motion to exclude one of plaintiffs’ experts.
One example cited by the judge (opinion, p. 31, fn. 22) demonstrates the devastating
consequences of doctors’ inability to communicate effectively with their patients in prison:
“Childress believes that ineffective communication with health care staff resulted in
repeated episodes of uncontrolled diabetes, including one instance where he went into a
diabetic coma, and progressive kidney disease and dialysis dependence.”
“We are pleased that the judge has granted class action status to our case so that we can address
the widespread discrimination that deaf and hard of hearing prisoners face on a daily basis in
Illinois prisons,” said Barry C. Taylor, vice president for Civil Rights and Systemic Litigation,
Equip for Equality. “The IDOC’s failures have forced deaf and hard of hearing prisoners to serve
their time largely isolated from, and unable to effectively communicate with, other human
beings.”
“The court properly concluded that we have presented significant proof of systemic violations of
the rights of deaf and hard of hearing IDOC inmates, and that our clients should be treated as a
collective group that faces similarly unacceptable and dangerous conditions, not merely as
random individuals facing ad hoc infractions of the law,” said Bob Michels, partner, Winston &
Strawn.
“We are very glad that the court recognized the terrible mistreatment of people who are deaf and
hard of hearing in Illinois’ prisons. The fact that the Department of Corrections continues its
refusal to follow the law and provide accommodations to this group of prisoners should appall
every resident of Illinois,” stated Alan Mills, executive director, Uptown People’s Law Center.
“To deny someone medical treatment, or to discipline them, because prison officials cannot
effectively communicate with them, is unconstitutional, illegal, and morally unacceptable.”
“Deaf and hard of hearing people deserve equal access to education, religious services, medical
treatment, and telecommunications – even in prison,” said Howard A. Rosenblum, chief
executive officer, National Association of the Deaf. “The judge’s decision has made it possible
for all deaf and hard of hearing prisoners to show as a class that the IDOC has been systemically
depriving them of their constitutional and legal rights.”
A copy of the Complaint and the Judge’s Ruling can be found at
www.equipforequality.org/?p=5671
2
Reference: U.S. District Court, Northern District of Illinois
Holmes et al. v. Godinez et al. 11 C 2961
# # # # #
Organizations representing the plaintiffs:
Winston & Strawn LLP
Winston & Strawn LLP is an international law firm with more than 850 attorneys among 18
offices across North America, Europe, and Asia. Formed in 1853, the firm not only represents
Fortune 500 companies and other clients on major business-related matters, it also has a strong
commitment to providing pro bono representation, including in matters involving civil rights,
community economic development, criminal defense, First Amendment/free speech, contested
guardianship, landlord/tenant, not-for-profit corporate organization, political asylum, postconviction relief in death penalty cases, and public assistance. For more information, visit
www.winston.com.
Equip for Equality
Equip for Equality is a private, not-for-profit entity designated in 1985 by the Governor of
Illinois to administer the federally mandated protection and advocacy system for safeguarding
the rights of people with physical and mental disabilities in Illinois. For more information, visit
www.equipforequality.org.
Uptown People’s Law Center
Uptown People’s Law Center is a nonprofit legal services organization specializing in prisoners'
rights, Social Security disability, and tenants' rights and eviction defense. UPLC currently has
ten pending class action lawsuits regarding jail and prison conditions. www.uplcchicago.org.
National Association of the Deaf
The National Association of the Deaf, established in 1880, is the nation’s premier organization
safeguarding the civil, human and linguistics rights of deaf and hard of hearing individuals in the
USA. For more information, visit www.nad.org.
3