Eddie Spurlock v. Charles E. Simmons
Inmate
88 F. Supp. 2d 1189
(U.S.D.C. Kansas 2000)
The district court found that the defendant did not violate the ADA when it limited a deaf prisoner’s telephone access. A prison inmate who was deaf brought suit against prison officials claiming violations of his civil rights and his right of access to the courts, as well as violations of the County Correctional Facility and the State Department of Corrections policies and regulations. Plaintiff alleged he was only allowed two 30-minute calls per week while hearing inmates had unlimited telephone access. He also claimed violations of Title II of the ADA and Section 504 because of defendant’s failure to provide an interpreter. Defendant’s motion for summary judgment was granted: The differential treatment of telephone access was not significant enough to create due process violations. Plaintiff’s request for unlimited telephone access placed an undue burden on prison officials and they could not reasonably accommodate inmate’s request under ADA or 504. The Court also found that Plaintiff had completed a literacy program and had no trouble communicating with staff, therefore prison officials did not violate ADA or Section 504 by not providing interpreter services.