The American Civil Liberties Union (ACLU) of Nevada recently filed a complaint with the Department of Justice (DOJ) on behalf of two inmates who are deaf. The report follows the treatment of inmates in the Clark County Detention Center (CCDC), part of the Las Vegas Metropolitan Police Department.
The ACLU highlights how inmates who are deaf and hard of hearing are unable to navigate the prison system and lack the same rights as their hearing counterparts. Not only has this led to a worse prison experience, but it has potentially put the health and safety of the inmates in jeopardy. Learn more about the ACLU’s complaint and previous issues reported to the DOJ.
The complaint states the CCDC failed to provide interpreters
The complaint states that the CCDC violated the Americans with Disabilities Act (ADA) by failing to provide interpreters to inmates who are deaf.
“One of our clients made multiple, documented requests for an interpreter, all of which were denied,” states the complaint. “In his case, this denial resulted in him being misdiagnosed by CCDC psychiatric staff.”
Additionally, there were no interpreters provided for information given to the general population of inmates as a whole. Information regarding the COVID-19 pandemic was given orally and without any visual aids. This means the inmates who are deaf were unable to follow the safety precautions put in place to prevent the spread of the virus.
Inmates rely on a teletypewriter system
To accommodate deaf inmates, the Las Vegas Prison System currently uses TTY, a teletypewriter system where the inmate and prison employee communicate by writing. However, there are only a few of these units within the prison system and the inmate has to specifically request the use of one. This means the inmates need to know they actually exist.
“Our clients were unaware [of the TTY system] when they came to the facility and it took two weeks before someone finally communicated that to them.”
The use of a TTY system also deprives inmates of other rights, the ACLU explains. Inmates have to use these systems when talking to family members and visitors. They are only allowed 15 minutes, like other inmates, and much of this time is spent translating on the TTY.
When inmates try to make their own accommodations, they face financial barriers. The complaint states that inmates have to pay for their own pen and paper to try and write out requests or talk with others.
Multiple prison systems fail to accommodate deaf inmates
The current ACLU complaint is far from the only issue the organization has had with the American prison system. In 2019, the Georgia chapter of the ACLU argued in federal court that the Georgia Department of Community Supervision did not provide interpreters or a reasonable accommodation when explaining the terms of probation or parole to former inmates. This put them at risk of breaking rules that could land them back in prison.
“The reason they do not know these rules is because the defendants did not effectively communicate them,” Stephanna Szotkowski, ACLU attorney, said in her opening statement. “Our clients don’t know if they can accept certain jobs or whether they can move into a new home… Imagine not knowing if you’re subject to a curfew?”
Szotkowski stated that one client’s communication with a probation officer was basically a thumbs up.
According to the state’s Department of Corrections, there were 55 inmates who are deaf or who have severe hearing problems in the Georgia prison system as of 2019.
Being a deaf inmate is a prison within a prison
Many advocates and former inmates discuss their incarceration as a prison within a prison. Not only are they locked up, but they lack the basic ability to communicate, advocate for their needs, and participate in the general prison community. It’s lonely, terrifying, and aggravating.
Jerry Coen, a former inmate of the Georgia state prison system who is also deaf, shared his experience with writer Sara Novic.
“They say I had anger problems. Of course, I had anger problems. I was frustrated!” Coen says. Coen couldn’t access any of the programs run through the prison system, including the anger management and education programs. He didn’t have an interpreter for doctor’s appointments and was denied mental health care.
“The guards were so cruel,” says Coen. “Once one of them got mad and took my hearing aid and crushed it.” After complaining about the incident, the Department of Corrections said the destruction of property did not affect him personally.
This lack of accommodation and resources can significantly impact inmates during and after their incarceration. There are fewer resources for rehabilitation (like education and 12-step programs) and fewer options for support after they get out. As a result, inmates who are deaf are more likely to return to prison (and return faster) than their hearing counterparts.
The ADA protects incarcerated individuals
The ADA protects people who are incarcerated, whether they are in jail or prison. Detention centers are required to provide reasonable accommodations at the request of inmates and to let these individuals know what options are available to them. They are also not supposed to have fewer rights because of their disability.
The current ACLU complaint highlights how accommodations are not made, how inmates are not informed about the available technology (TTY), and how they have fewer opportunities because they can’t communicate effectively – both in limited visiting time and lack of interpreters at resource meetings. The Nevada instance is just the latest example of the poor treatment of deaf inmates across the country.
Learn more about the ADA and what it covers in our Rules and Regulations section. You can also learn about reasonable accommodation on our blog.
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