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Court rules against O.C. in jails disability suit

mark handler

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June 30, 2011 8:32 a.m.

http://www.ocregister.com/news/county-306440-make-court.html

Court rules against O.C. in jails disability suit

By KIMBERLY EDDS

THE ORANGE COUNTY REGISTER

714-796-7829 or kedds@ocregister.com

A federal judge has ordered Orange County to make its jails accessible to disabled inmates and bring its facilities into compliance with the federal Americans with Disabilities Act, capping a 10-year legal battle.

U.S. District Judge Audrey Collins appointed a monitor to work with the Sheriff's Department to ensure the ordered changes, including modifying cells, installing grab bars for toilets and showers and adding wheelchair ramps, are made. The Sheriff's Department has been working with the court over the last decade to come up with a plan to modify the facilities, and many of the mandated changes were part of the Sheriff's Department plan, Capt. Dave Nighswonger said.

The department has begun working on some of the easier fixes, such as installing grab bars, but other mandated changes will require an architect to bring the county's aging jail facilities into compliance, Nighswonger said. Those projects could take more than a year to complete, he said.

"Now we have a concrete plan to go forward and make changes," he said. "We're at a good stage."

Quadriplegic inmate Timothy Conn, who was repeatedly behind bars for drug-related misdemeanors, filed the lawsuit in 2001 after not being able to shower by himself while incarcerated.

"He could go for days or weeks without a shower because there was no way for him to get a shower," said Conn's lawyer, Dan Stormer.

When Conn did bathe, several other inmates would have to lift him and his wheelchair over a concrete barrier to get him into the shower, a situation he called humiliating.

Collins also ordered the department to train deputies on accommodating wheelchair-bound inmates and to provide access to in-custody programs to disabled inmates.

The cost of the modifications has not been calculated, but several of the changes have been included in other planned jail-construction projects, Nighswonger said.

The Sheriff's Department has managed to weather tough economic times, cutting $53 million from its budget over the past two years, saving $25 million in overtime costs and negotiating multimillion dollar contracts to house prisoners for the U.S. Marshals and immigration detainees in Orange County jails. But the state budget passed by the Senate Tuesday threatens to hit the county – and its Sheriff's Department – hard.

It remains unclear how the remaining mandated changes to the jails will be funded.
 
Rohman Named As Court Monitor In Lawsuit Over Disabled Access to Orange County Jails

Thursday, July 07, 2011

Los Angeles, California, July 7, 2011--Keith Rohman, president of Public Interest Investigations, Inc., (PII) was recently named as the court-appointed monitor in Fred Pierce, et al v. County of Orange, et al., a class-action suit alleging that Orange County jail facilities did not comply with the Americans with Disabilities Act (ADA) and that disabled inmates were denied access to some of the jail’s programs and services.

U.S. District Court Judge Audrey B. Collins ruled previously that the Orange County jail system violated the ADA in numerous respects and ordered the County to make reasonable accommodations and changes to jail procedures to correct the violations. In an order on June 26, 2011, Rohman was selected to serve as the court’s monitor to insure that the ordered corrections were implemented in a timely and complete manner. Problems were identified at several Orange County facilities, including the Central Jail Complex in Santa Ana, which includes the Men’s Central Jail (MCJ), and at two other County jail facilities.

The court found that “many physical barriers exist at each jail facility housing mobility- and dexterity-impaired detainees, and that the expense of remedying these barriers is reasonable.” In particular, the showers, toilets, and sinks in some County jails were inaccessible to disabled detainees and inmates. The court also found that disabled detainees and inmates of both genders lacked equal access to some vocational programs, educational classes, rehabilitation programs, and exercise areas offered to non-disabled detainees and inmates.

Rohman is a legal investigator and consultant, who has significant experience working with detainees and inmates and working in court-monitored processes.. Rohman founded PII in downtown Los Angeles in 1984. The firm’s caseload spans a wide range of legal issues and specialties, including civil rights, international human rights, employment law, and torts. PII’s clients include governmental entities, corporations, and private attorneys.

Contact InformationCathleen Watkins

Project Manager

Public Interest Investigations, Inc.

213-482-1780

cwatkins@piila.com

http://www.webwire.com/ViewPressRel.asp?aId=141025
 
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