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Ninth Circuit Reverses Dismissal of Deaf Former Prisoner’s ADA Claims
Loaded on April 2, 2018
published in Prison Legal News
April, 2018, page 32
Filed under:
Deaf Prisoners,
Americans with Disabilities Act,
Rehabilitation Act,
Interpreters,
Telephone Access.
Location:
Oregon.
Jail officials “may not turn a blind eye to a deaf ear,” the Court of Appeals for the Ninth Circuit fittingly declared in an August 31, 2017 ruling that reversed a summary judgment order in a lawsuit filed by a deaf former prisoner.
David Updike was born unable …
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More from this issue:
- America’s Toxic Prisons: The Environmental Injustices of Mass Incarceration, by Candice Bernd, Zoe Loftus-Farren, Maureen Nandini Mitra
- Ohio: Almost $3 Million Settlement in Suit Brought by Two Wrongfully Convicted Men, by Matthew Clarke
- $49,500 Settlement in Excessive Force Claim at Sacramento County Jail
- Inspector General Finds Substandard Conditions at California Jail Used by ICE, by Matthew Clarke
- Despite Class-action Settlement, Mental Healthcare Problems at CA Jail Persist, by Derek Gilna
- U.S. Sentencing Commission Report: Racial Disparities Persist, by Derek Gilna
- $415,000 Settlement in Lawsuit Over Tasered Prisoner Who Died in Texas Jail
- Filing Date of Operative Complaint Dictates if PLRA Exhaustion Applies
- Alaska Prisoners Stripped, Paraded on “Dog Leashes,” Held Naked for 12 Hours, by Christopher Zoukis
- Private Prison Forced to Produce Solitary Confinement Records
- Securus Fined $1.7 Million for Providing Inaccurate Information, FCC Approves Company Transfer Anyway, by Christopher Zoukis
- Rash of North Carolina Jail Deaths Due to Lack of Supervision and Medical Care, by David Reutter
- Prisoners in Kenya and New Zealand, Unlike Counterparts in U.S., Win Right to Vote, by Derek Gilna
- New Policies for Federal and State Prisoners Guarantee Feminine Hygiene Products, by Derek Gilna
- Twenty-six Indicted After Gang Investigation, Including Two Prison Guards, by Monte McCoin
- Idaho DOC Agrees to Provide Kosher Meals, Pay $93,000 Settlement
- Florida KKK Guards Convicted in Plot to Kill Former Prisoner
- Texas County Settles Suit Over Jail Prisoner’s Death for $250,000, by Matthew Clarke
- Innovative Use of Peanut Butter by Alabama Prisoners, by David Reutter
- New York to Spend $7.3 Million on College Programs for Prisoners, by Christopher Zoukis
- California: Protest Over Bay Area Jail Conditions, by Dale Chappell
- Tablets and E-messaging Services Expand in Prisons and Jails, as do Fees, by Matthew Clarke, Edward Lyon
- Challenge to Three-drug Execution Protocol Revived by Eleventh Circuit, by David Reutter
- Fifth Circuit: Strip Searches Due to Security Concerns Not Unconstitutional
- Alabama Supreme Court Holds Miller Entitled to Retroactivity
- Oregon Jailer Facing Sex Charges Improperly Denied Insanity Defense
- Indiana Prisoner Entitled to Kosher Meals Under RLUIPA
- Deadly Prison Riot in Delaware: 18 Prisoners Indicted, Slain Guard’s Widow Settles Suit for $7.55 Million, by Derek Gilna
- Maine: Court Does Not Need Jurisdiction Over Prisoner to Issue Order to Protect Child
- Missouri: $75,000 Settlement for Detainee’s Death Due to Untreated Ulcer
- Global Tel*Link Settles Mississippi Prison Bribery Case for $2.5 Million, by Christopher Zoukis
- New Mexico Prisoner Obtains Court Order to Allow Breastfeeding
- Colorado Federal Jury Awards $50,000 to Prisoner Assaulted by Deputy in Court, by Matthew Clarke
- Louisiana Prison Officials Sued for Trying to Block Investigation into Abuse of Disabled Prisoners, by David Reutter
- Ninth Circuit Reverses Dismissal of Deaf Former Prisoner’s ADA Claims
- Prisons and Jails Impose More Restrictions on Mail, Visits to Curtail Contraband, by Matthew Clarke
- California Prisoners File Class-action Suit Seeking Hepatitis C Treatment, by Greg Dober
- Colorado: Defendants Settle After Death of Prisoner Denied Medical Treatment, by Matthew Clarke
- Ashes to Ashes: In Illinois, the Erasure of Incarcerated People Continues After Death, by Sybil Drew
- As Wyoming State Penitentiary Falls Apart, Officials Rush Repairs, by Christopher Zoukis
- Fifth Circuit: Louisiana Must Allow Prisoner to Wear Dreadlocks, by Matthew Clarke
- What’s Hidden Behind the Walls of America’s Prisons, by Heather Ann Thompson
- New York: Former Rikers Guard Gets 30 Years for Civil Rights Violations, Conspiracy, by Monte McCoin
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- California Supreme Court Upholds Death Penalty Reform Law, by Christopher Zoukis
- Corruption Among Prison Guards in North Carolina Spurred by Low Pay, by David Reutter
- Tennessee Sheriff Offered “Church Release” to Prisoners, by Christopher Zoukis
- From the Editor, by Paul Wright
- Florida Supreme Court Approves Use of Hypnotic Drug for Executions
- News in Brief
More from these topics:
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- More Than 40k 311 Calls From Rikers Go Into a Black Hole Every Year, April 1, 2026. Failure to Treat, Totality of Conditions, Telephone Access, Failure to Treat (Mental Illness), Administrative Detention/Segregation.
- Constitutional Challenge to Louisiana Prison “Farm Line” Granted Class Certification, March 1, 2026. Prison Labor, Exposure to Heat, Injunctions (PLRA), Class Certification, Americans with Disabilities Act.
- FCC Releases Final Version of Order Gutting 2024 Phone Cap Regulations, Feb. 1, 2026. Misconduct/Corruption, Telephone Access, Telephone Rates.
- Delaware Settles Suit Over Depriving Young Prisoners of Special Education, Feb. 1, 2026. Disabled Prisoners, Education, Americans with Disabilities Act, Rehabilitation Act, Individuals with Disabilities Education Act.
- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026. Transportation, Excessive Force, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- Arkansas Prison Reaches ADA Settlement, Dec. 1, 2025. Disabled Prisoners, Systemic Medical Neglect, Water, Settlements, Americans with Disabilities Act.
- Disabled Prisoner Who Won $1.85 Million After Fall in Chicago Jail Secures Class Certification for Separate ADA Challenge to Jail Conditions, Dec. 1, 2025. Disabled Prisoners, Bedding, Class Certification, Americans with Disabilities Act, Rehabilitation Act.
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- $3.6 Million Paid by Minnesota County After Hemophiliac Jail Detainee Died from Brain Bleed, Nov. 1, 2025. Systemic Medical Neglect, Settlements, Americans with Disabilities Act, Medical Neglect/Malpractice, Deliberate Indifference.

