Deaf Man Beaten, Tasered and Choked by Police

Deaf News: California Deaf man beaten, tasered and choked by police for not understanding commands awarded $55,000 settlement.



LOS ANGELES, CA -- PINAC News: After mistaking a Deaf man for a thief, beating him, tasering him and choking him because he was unable to understand their commands, the Hawthorne Police Department in southwest Los Angeles has settled a lawsuit for $55,000. The settlement was approved by the City Council on Tuesday in California.



The Deaf man identified as Jonathan Meister and co-plaintiff Greater Los Angeles Agency on Deafness Inc. will receive the settlement on the basis of civil rights violations under the Federal Americans with Disabilities Act.



Meister was at a friends house in February 2013 gathering items from his vehicle when a neighbor called police thinking he was a car thief, according to NBC Los Angeles.



Although there were four officers that responded to the call, Officers Jeffrey Salmon and Jeffrey Tysl were identified as the aggressors.



Once on scene, they yelled out to Meister and he in return motioned that he was Deaf.



The officers motioned for Meister to come towards them, which he did, but then they grabbed his wrists and placed his hands behind his back – a very uncomfortable position for Meister given the fact that he is Deaf and uses his hands to speak.



The lawsuit, which can be read here, describes how officers Salmon and Tysl got close to Meister and roughed him up. Amidst the miscommunication, Meister ran away from the officers who gave chase, only to catch him, fight with him more and taser him.



The officers pushed Meister up against the wall. Officer Salmon put Meister in a choke hold and subsequently kneed him twice in the abdomen.



Officer Tysl then punched Meister in the face repeatedly.



That was when Salmon shot Meister with a Taser X-26 which brought Meister careening to the ground. Officers kicked and elbowed Meister repeatedly while another officer shocked him a second time with the taser.



After a second choke hold and third Taser shock, Meister lost consciousness.



According to the suit, the officers, “shot taser darts into Mr. Meister, administered a number of painful electric shocks, struck him with fists and feet, and forcibly took him to the ground.”



“They ended up grabbing his arms and turning him around, and if you do that to a deaf person, it’s like gagging them. It would be like if I put my hand over your mouth if you try to tell me something,” says Meister’s lawyer John Burton.



Meister was arrested, taken to the hospital, and then into custody at the county jail, but officials dropped the charges at the jail due to the circumstances.



The suit claims Meister suffered, “extreme physical pain and suffering, humiliation, hardship, anxiety, and indignity, and severe mental and emotional anguish pain.”



Meister is a graduate of the University of Ohio and holds a Masters degree in Architecture. In a recollection of events, Meister’s wrote:



“I didn’t mean to resist — it’s ultimately my responsibility. But, with claustrophobia, logic gets pushed down a bit! I did not mean to resist, only to put space between myself and the officers so I could communicate.”



Per the settlement, the Hawthorne Police Department has pledged to change its communication and use of force policies regarding Deaf civilians. The new policy includes providing qualified interpreters to jailed deaf suspects, a booking video and transcript to describe the arrest process, and a video or TTY phone.



Just a few months ago in Charlotte, NC a Deaf man was shot and killed by a state highway patrol officer. The man lead officers on a brief high speed chase. When the chase came to an end, the Deaf man exited his vehicle charging at the officer on foot who in return fatally shot the man after repeated verbal commands to stop.



The North Carolina Highway Patrol officer has not yet been charged with a crime because the investigation is still pending.



SOURCE

Deaf Immigrant Awarded $250K Settlement

VIDEO [CC] - Deaf News: Deaf Man receives $250K settlement after being jailed with no access to interpreter in Virginia.



ARLINGTON, VA -- NBC4 Washington: A Deaf man will receive a $250,000 settlement from the Arlington County Sheriff's Office after it failed to provide a sign language interpreter for him while he was jailed, the U.S. Attorney's Office announced Friday.



The man, Abreham Zemedagegehu, has said he spent part of his six-week stay at the Arlington County Detention Facility in 2014 unaware of the charges against him. The Justice Department launched an investigation into Zemedagegehu's claim last year.

NBC News covered a story about Abreham Zemedagegehu and his experience in jail without an interpreter.



"I felt like I was losing my mind," Zemedagegehu said through an interpreter in an interview at his lawyer's office. "I thought Virginia would give me an interpreter and they said no. That's why I felt lost."



Zemedagegehu also said the jail failed provide a communications device to help him communicate with his lawyer and performed medical procedures on him without explaining them or getting his consent.



A native of Ethiopia, he can communicate in American Sign Language but is largely unable to communicate in written English.



Zemedagegehu sued the sheriff's office in federal court, saying his treatment failed to meet the standards of the Americans with Disabilities Act (ADA).



Among the concerns raised in his lawsuit was the jail's reliance on teletypewriter devices to allow Deaf inmates to communicate with people outside the jail. The sheriff's office has defended its use of the TTY machine, but Zemedagegehu's lawsuit said the device is useless for someone who can't read English and obsolete because videophones are now used predominantly in the Deaf community.



Zemedagegehu's ordeal began Feb. 2, 2014, when he was arrested after being accused of stealing another man's iPad. He said he pleaded guilty to the charge because a plea bargain offered him a sentence of time served. Later, though, the man who accused him of the theft said he'd found the device and rescinded his accusation.



Under the settlement, the sheriff's office will pay $250,000 to Zemedagegehu, and must take steps to comply with the ADA. This includes appointing an ADA coordinator, providing ADA training to its staff, and ensuring that auxiliary aids and services are provided. The Justice Department said the sheriff's office has taken several steps to improve its ADA compliance even before finalizing the settlement agreement.



"People who are Deaf or Hard of Hearing must be able to communicate clearly with law enforcement officials," said Tracy Doherty-McCormick, First Assistant U.S. Attorney for the Eastern District of Virginia, in a statement Friday. "Through this settlement agreement, the Arlington County Sheriff has taken important steps to ensure that the operations of the Arlington County Detention Facility are in compliance with the Americans with Disabilities Act."



Source: Deaf Man Receives $250K Settlement After Being Jailed With No Access to Interpreter in Arlington | NBC4 Washington.



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Sex Assaults Lawsuit Involving Deaf & Blind Students

VIDEO: Settlement reached in lawsuit involving Deaf and Blind students in the capital of Hawaii.



HONOLULU - A multi-million dollar settlement has been reached in a sex assault lawsuit involving Hawaii Center for the Deaf and Blind. It's been a year and a half since the State was sued by a group of students at the school. The students alleged they had been sexually abused by other students.



Friday, the attorney representing the group announced that a multi-million dollar settlement has been reached. A spotlight was cast on the Hawaii Center for the Deaf and Blind in the Kapahulu area in 2011, after police started investigating allegations of widespread sex abuse between classmates.



In August 2011, Honolulu attorney Michael Green filed a lawsuit against the state, on behalf of 50 to 60 students.

"What we found out was, and I never thought about this, that we had children who were the aggressors, we're talking about sodomizing boys, boys on boys, boys on girls, girls on girls, in the bathroom, on school buses, in the bushes, that because no one seemed to care it seemed like it was okay. So people who were victims became aggressors. And you know that part that maybe affected me the most aside from the fact it's happening to young people, and people that have disabilities is that if you cry out who can hear you? If you have blind students who can see it?" said Green.



The State has now agreed to pay $5M to settle the lawsuit - money that'll go to the victims, and to pay for counseling and treatment... Read more: http://www.khon2.com/news/local/story/Settlement-reached-in-lawsuit-involving-deaf-and/qEdZ6YT6_EuWYDo6tVhRPg.cspx

Deaf Lifeguard Be ‘Qualified’ Under The ADA ?

Deaf News: The Deaf lifeguard be ‘Qualified’ under the Americans with Disabilities Act ?



OAKLAND COUNTY, MI -- What would you do if you were hiring a lifeguard for a community wave pool and the applicant was Deaf, but he was also certified as a lifeguard? A new court ruling this month shows how mistakes made in assessing the applicant's medical condition can leave an employer drowning in litigation.



Case in Point: Nicholas Keith, 22, was born Deaf and communicates using sign language. He also uses a cochlear implant that helps him detect noises, such as whistles and people calling for help. Keith received his junior lifeguard certification and then successfully completed lifeguard training. (A Michigan county provided a sign-language interpreter to relay verbal instructions to Keith during both training programs.)



Keith then applied for a lifeguard position at the county's wave pool, requesting that a sign-language interpreter be present to relay verbal directions during staff meetings. The county offered Keith the job, conditioned on his passing a pre-employment physical. The doctor failed him, citing his inability to hear. Plus, the county’s safety and risk management consultants expressed concerns over Keith being unable to do the job, despite numerous accommodations the county was offering. So the county rescinded the job offer... Read More.



Deaf Lifeguard's Disability Claims Against Oakland County Go To Jury.



The Sixth Circuit has reversed the decision of a lower court and held that a Deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of disability by failing to hire him as a lifeguard. Keith v. County of Oakland, (6th Cir. Jan. 10, 2013).



In reviving the Americans with Disabilities Act (ADA) claim, the Court found that a jury should be permitted to determine whether the individual was otherwise qualified to be a lifeguard, with or without accommodation, that is, whether hearing is an essential function of the job and, if so, whether reasonable accommodations could have been made... Read More.