No Interpreter Provided - How to Proceed?

kambric · 11-22-2011, 07:46 PM

My dad has been in prison in Texas for almost 10 years now. He's eligible for parole next June, so I explained his odds of getting it and how he can improve those odds.

One way to improve his odds is to attend Alcoholics Anonymous and/or some anger management classes or get counseling of some sort. You know, take advantage of what the prison is offering to help him improve himself and be better member of society.

He said the prison doesn't provide an interpreter for those services.

Umm...WHAT? That would be a direct violation of ADA laws. If this is indeed the case, what would you suggest my first step be? I don't want to spend money on an attorney if there is a better alternative.

Thanks in advance for any advice!

Anij · 11-22-2011, 11:54 PM

I'd contact the prison he's in and talk to someone there dealing with inmate services etc directly about it. It could be that he's mis-understanding or making an assumption based on another situation.

If the people you speak to there say they do not offer any services, ask them who you can contact about getting more information about appealing the policy/getting information about the whole situation.

If you still don't get anywhere, I'd ask to be put in touch with the parole board (or whatever department etc that would be) and then arrange a meeting with them and yourself to discuss their accessibility policy and if they have additional ways to help get interpreters if your dad wants to attend what would be considered "rehabilitation programs".

One thing to keep in mind, that in many ways prisoners do NOT have the same legal rights (once convicted and serving time) as people on the "outside", so just because ADA functions for us, does not necessarily mean that they will be the same inside for inmates serving time inside prison walls.

kambric · 11-26-2011, 09:37 AM

Thanks for the thoughtful reply, Anij. I didn't even think of ADA laws not applying to those behind bars. I will do some snooping this week and see where it leads us.

kellycat · 02-25-2012, 08:37 PM

Another thought, is if the "right" to an interpreter doesn't apply, it could mean the prison doesn't want/need to pay for it, but they may be willing to allow an interpreter if someone else foots the bill. I work in Public Education, another bureaucracy, and often times available funds dictate policy more than rational thoughts do.

jpcwa · 01-26-2013, 08:06 AM

Quote:

Originally Posted by kambric

My dad has been in prison in Texas for almost 10 years now. He's eligible for parole next June, so I explained his odds of getting it and how he can improve those odds.

One way to improve his odds is to attend Alcoholics Anonymous and/or some anger management classes or get counseling of some sort. You know, take advantage of what the prison is offering to help him improve himself and be better member of society.

He said the prison doesn't provide an interpreter for those services.

Umm...WHAT? That would be a direct violation of ADA laws. If this is indeed the case, what would you suggest my first step be? I don't want to spend money on an attorney if there is a better alternative.

Thanks in advance for any advice!

For ADA cases. You need to draft a complaint. The complaint needs filed in a US district court. With the complaint you need to pay a filing fee. I believe its $300.

You CAN NOT file the complaint in any US district court. The complaint needs filed in the US district court that is the closest to the prison your father is in. If you cannot physically drive to that US court then you can always mail it in certified.

There are specific requirements for drafting a complaint. YOu better learn what they are before filing one.

With the complaint you need to file a JS44 information sheet too.

The plaintiff in this case will be your father. The defendant will be the state and the prison and the individual who did not provide him with the accommodation he requested.

You should read the pro se handbook, its on the district courts website, thoroughly before proceeding.

If you do not draft your pleadings factually and specifically your father's case will be dismissed.

The claims in the complaint need to have date, time, place, names, etc. NOT legal citations and laws. You cannot for example, say, father was discriminated against based upon the ADA 42 USC. You need to say, like, father was not provided a sign language interpreter on, date and time here. Your case may be dismissed anyways as you do not know you are doing.

There should also be a page with relief, whatever is being asked for; injunctive, monetary, etc. There are specific requirements for drafting that portion of the complaint.

Disclosure: This is NOT legal advice it is General advice on drafting a complaint and filing one. For legal advice consult a bar certified attorney in your state.

jpcwa · 01-26-2013, 08:11 AM

Quote:

Originally Posted by kellycat

Another thought, is if the "right" to an interpreter doesn't apply, it could mean the prison doesn't want/need to pay for it, but they may be willing to allow an interpreter if someone else foots the bill. I work in Public Education, another bureaucracy, and often times available funds dictate policy more than rational thoughts do.

I believe officers in a prison are state employees so they have immunity, they have qualified immunity. So even if she does sue the case most likely wont go anywhere.

http://en.wikipedia.org/wiki/Qualified_immunity

ChristineNeely · 05-07-2013, 09:41 PM

Also pursue mental health groups and organizations for the Deaf/HOH.... I used to work in a hospital for an art therapy internship and I know that there are some wards and organizations for substance abuse and dependency for the Deaf/HOH with interpreters. Even if it's not a city close to you they may know of more information and resources.

A quick google search got me started here: Alcohol & Drug Treatment

I know a private rehab center is going to differ from AA in a prison but because alcohol/drug dependency has a strong correlation to prison/deviancy (a majority of my former patients were parolees) you might be able to contact or email a counselor at that center to get some more ideas?

I hope that helps!

11-22-2011, 07:46 PM	#1 (permalink)
kambric Registered User Join Date: May 2011 Location: New York City Posts: 38	No Interpreter Provided - How to Proceed? My dad has been in prison in Texas for almost 10 years now. He's eligible for parole next June, so I explained his odds of getting it and how he can improve those odds. One way to improve his odds is to attend Alcoholics Anonymous and/or some anger management classes or get counseling of some sort. You know, take advantage of what the prison is offering to help him improve himself and be better member of society. He said the prison doesn't provide an interpreter for those services. Umm...WHAT? That would be a direct violation of ADA laws. If this is indeed the case, what would you suggest my first step be? I don't want to spend money on an attorney if there is a better alternative. Thanks in advance for any advice!

11-22-2011, 11:54 PM	#2 (permalink)
Anij Registered User Join Date: Jun 2005 Location: Canada Posts: 2,087	I'd contact the prison he's in and talk to someone there dealing with inmate services etc directly about it. It could be that he's mis-understanding or making an assumption based on another situation. If the people you speak to there say they do not offer any services, ask them who you can contact about getting more information about appealing the policy/getting information about the whole situation. If you still don't get anywhere, I'd ask to be put in touch with the parole board (or whatever department etc that would be) and then arrange a meeting with them and yourself to discuss their accessibility policy and if they have additional ways to help get interpreters if your dad wants to attend what would be considered "rehabilitation programs". One thing to keep in mind, that in many ways prisoners do NOT have the same legal rights (once convicted and serving time) as people on the "outside", so just because ADA functions for us, does not necessarily mean that they will be the same inside for inmates serving time inside prison walls. rockin'robin and silversoul like this. __________________ Hoh/Deaf ~ +120db deaf right , mild/mod flux left & APD English & ASL ...PAH!! Ignorance is NOT Bliss

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11-26-2011, 09:37 AM	#3 (permalink)
kambric Registered User Join Date: May 2011 Location: New York City Posts: 38	Thanks for the thoughtful reply, Anij. I didn't even think of ADA laws not applying to those behind bars. I will do some snooping this week and see where it leads us.

02-25-2012, 08:37 PM	#4 (permalink)
kellycat Registered User Join Date: Dec 2011 Location: Wisconsin Posts: 155	Another thought, is if the "right" to an interpreter doesn't apply, it could mean the prison doesn't want/need to pay for it, but they may be willing to allow an interpreter if someone else foots the bill. I work in Public Education, another bureaucracy, and often times available funds dictate policy more than rational thoughts do.

05-07-2013, 09:41 PM	#7 (permalink)
ChristineNeely Registered User Join Date: Feb 2013 Location: Capital District, New York Posts: 16	Also pursue mental health groups and organizations for the Deaf/HOH.... I used to work in a hospital for an art therapy internship and I know that there are some wards and organizations for substance abuse and dependency for the Deaf/HOH with interpreters. Even if it's not a city close to you they may know of more information and resources. A quick google search got me started here: Alcohol & Drug Treatment I know a private rehab center is going to differ from AA in a prison but because alcohol/drug dependency has a strong correlation to prison/deviancy (a majority of my former patients were parolees) you might be able to contact or email a counselor at that center to get some more ideas? I hope that helps!