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.



Follow us: @nbcwashington on Twitter | NBCWashington on Facebook



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Deaf Man Jailed With No Access To Interpreter

Ethiopian Immigrant's Role Model For Deaf Inmates

Deaf Immigrant Awarded $250K Settlement

Deaf Movie Fans Sues Celebration! Cinemas

VIDEO: Deaf News - Celebration! Cinemas sued for failing to accommodate Deaf, Hard of Hearing in Michigan.



BENTON HARBOR, MI -- FOX News: West Michigan movie fans who are Deaf and Hard of Hearing are suing Celebration! Cinemas for discrimination, alleging their Benton Harbor theater fails to provide widely available captioning accommodations.



Graham Forsey, 23, a St. Joseph resident who is Deaf, alongside the National Association of the Deaf filed a lawsuit Monday against Loeks Theatres, Inc., also known as Celebration! Cinemas. Forsey says he asked the Benton Harbor theater multiple times in writing to provide captioning and Celebration! Cinemas failed to accommodate, according to the lawsuit.

Read the full lawsuit here.



“It’s about access," said Mary Vargas, an attorney representing the plaintiffs. "It’s about Mr. Forsey and members of the National Association of the Deaf being able to go to the movies.”



A non-profit representing more than 137,000 Michiganders who are Deaf and Hard of Hearing, the NAD is suing Celebration! Cinemas with Forsey stating this failure to provide captioning technology violates a basic civil right as specified under the Americans with Disabilities Act among other laws. Meanwhile, Forsey says he is forced to drive about an hour to another movie theater which accommodates him.



Celebration! Cinemas responded to FOX 17 Monday and confirmed their Benton Harbor theater does not have any captioning accommodations, releasing this statement:



"We’re fully aware of the issues surrounding this complaint and new technologies will help resolve it very soon.



The National Association of Theatre Owners (NATO) has been working actively with advocacy groups to clarify updated standards for supporting the Deaf community. These standards are currently being reviewed by the Department of Justice, and we expect a ruling from them in the very near future.



Celebration! Cinema is committed to continuing to improve services for all of our guests, and we are looking forward to the approval of these standards so we can continue to invest in closed captioning technology. Currently, we have assisted listening devices in all locations and closed captioning in our Grand Rapids and Lansing, MI markets. Benton Harbor and other locations will receive captioning equipment in the coming months upon the adoption of the new standards.



Technological solutions for visually and hearing impaired guests are evolving at a rapid rate. We look forward to working collaboratively with NATO and advocacy groups both locally and nationally on this topic.



Steve VanWagoner, VP of Marketing & Public Relations, Celebration! Cinema"



Closed captioning technology is readily available at other movie theaters. It ranges from open captioning an entire audience would see, to captioning glasses, or individual devices that fit onto a theater seat.



"It's frustrating because it’s been so many years since this was a legal requirement for theaters," said Vargas. "There are roughly 137,000 people in the state of Michigan who are Deaf and Hard of Hearing, and guess what? They’re just like everybody else. They like to go to the movies.”



SOURCE

Deaf Woman Sues Taco Bell Over Drive-Thru

VIDEO [CC] - Deaf News: Deaf New Jersey woman sues Taco Bell over drive-thru orders.



TRENTON, NJ -- A Deaf Atlantic City woman who primarily communicates in sign language is suing Taco Bell, saying she found it difficult, if not impossible, to order two tacos at the fast-food chain's drive-thru window.



Gina Cirrincione said in her federal lawsuit that on Jan. 11, she wrote her order on a slip of paper and handed it to an employee at the drive-thru pickup window at a Taco Bell in Pleasantville, New Jersey.



Her video of the exchange, provided to The Associated Press by her lawyer, showed an employee trying to explain that orders are placed at the start of the drive-thru.

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"I will do it this one time," he then said. "I want you to understand me, one time. After that, no more. After that, no more. Come inside. OK, is that fair?"



On March 15, Cirrincione said, she wrote her order on a slip of paper and handed it to a drive-thru employee at a Taco Bell in Atlantic City. The note was returned and the window was shut without the order or an explanation, she said. She said she entered the store and was ignored.



Also see more: Taco Bell Complains About Deaf Customers



Taco Bell's drive-thru system requires a customer to hear and speak, making it inaccessible to the Deaf in violation of the Americans With Disabilities Act, the lawsuit claims.



Taco Bell spokeswoman Laura Nedbal said in a statement Friday to the AP that the California-based company had not yet received the lawsuit so could not comment on it. However, she added, "Taco Bell has a fundamental policy to respect all of our customers and employees, and we are committed to maintaining an environment free of discrimination or harassment."



Cirrincione wants Taco Bell to develop a policy to consider the needs of Deaf customers and to train employees about their rights. She also is seeking punitive and compensatory damages.



"With today's technology and the sophistication of Taco Bell, there is no excuse that their drive-thrus cannot be accessible," said attorney Eric Baum of The Eisenberg & Baum Law Center For The Deaf and Hard of Hearing, who is representing Cirrincione.



SOURCE



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Deaf/Blind Teen Brutally Beaten By TSA Agents

VIDEO: Deaf News - TSA sued for brutal beating Deaf, partially blind teen girl recovering from brain surgery at the Memphis Airport.



MEMPHIS, TN -- A teen just released from brain surgery was beaten by Transportation Security Administration (TSA) agents inside the Memphis International Airport last year, a recent lawsuit alleges.



The TSA is listed as a defendant in a suit accusing them of injuring a mentally disabled teen after she was unable to understand or comply with orders at a security checkpoint.



Newly surfaced photos show the aftermath of the June 30, 2015 incident, in which agents roughed up 19-year-old Hannah Cohen leaving her bloodied and bruised.

“They wanted to do further scanning; she was reluctant. She didn’t understand what they were about to do,” her mother Shirley Cohen told WREG.



The lawsuit claims before Hannah had brain tumor surgery at St. Jude’s hospital, she already had “a physical and mental impairment that substantially limit one or more of her life activities.”



“More particularly,” the lawsuit continues, “Hannah has damage from radiation and removal of a brain tumor that substantially limits her ability to speak, walk, stand, see, hear, care for herself, learn and work, think, concentrate, and interact with others.”



“This substantial limitation is obvious upon sight and was obvious” on the day of the incident, the lawsuit filed in US District Court states.



“She’s trying to get away from them,” Hannah’s mother described, “but in the next instant, one of them had her down on the ground and hit her head on the floor. And I looked and there’s blood everywhere.”



All the while Shirley was kept from being able to help her daughter, causing her “extreme emotional injury as she watched the personnel assault her daughter,” according to court documents obtained by Infowars.



The Memphis International Airport Police Department is also included as a defendant in the suit for “arresting her for no cause.”



“Hannah was arrested, booked and on the night she should have been celebrating the end of her treatment, she was locked up in Jail East,” reports WREG.



“Here we were with nowhere to go, not even a toothbrush, our bags had gone to Chattanooga,” Shirley said.



TSA did not comment on the case, but referred travelers with special accommodations to call their TSA Cares hotline. The Cohens’ are asking for $100,000 in damages.



SOURCE

Deaf Pregnant Woman Sues Florida Hospital

EXCLUSIVE VIDEO: Deaf woman suing for interpeter in delivery room.



WPTV BOYNTON BEACH - Margaret Weiss is due to have her second child in less than a month. The Boynton Beach mother is Deaf and wants a real life interpreter in the delivery room with her, but she says her hospital is refusing to provide that.



"They're discriminating against me," explained Weiss, with the help of a certified sign language interpreter. She explained the fear she has about going into the delivery room at Bethesda Hospital. "It's really serious. What if there was something life-threatening that happened during the delivery?" said Weiss.

Weiss has filed a lawsuit against Bethesda for denying her request for a live interpreter to be in the room with her. The hospital provides the hearing impaired with VRIs or Video Remote Interpreting.



Weiss says this is not effective communication for a woman giving birth and ultimately a violation of the Americans Disabilities Act.



"No one can sit there in labor and just watch a fixed screen," said Weiss. "You can't do that. It's much better to have a live interpreter that's mobile and can move around. It's a lot more comfortable. They can lean over. They can get in a different spot." Weiss says on top that, in her experience, the VRIs do not work all the time.



Weiss said she had to go to Boca Raton to deliver her first daughter in order to have a live interpreter... Read more: wptv.com/news/region-s-palm-beach-county/boynton-beach/hearing-impaired-pregnant-woman-sues-hospital-wants-interpreter