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



Related:

Deaf Man Jailed With No Access To Interpreter

Ethiopian Immigrant's Role Model For Deaf Inmates

Deaf Immigrant Awarded $250K Settlement

Ignoring Deaf Customer Cost Cab Company $42K

Deaf News: New Jersey's Passaic Cab Company accused of ignoring Deaf customer must pay $42K.



PATERSON, NJ -- Patch: Nicole Perkins contacted the company 3 times while waiting in heavy snow but was hung up and told to stop calling, officials said.



A Passaic County company who ignored and hung up on a Deaf woman's attempts to get cab during a snowstorm in 2014 was hit with a $42,000 judgement, state Attorney General Christopher S. Porrino announced Monday.



Superior Court Judge Thomas J. LaConte ruled that Clifton Taxi and Limousine Inc. violated the New Jersey Law Against Discrimination and unlawfully denied service to Nicole Perkins, who is Deaf.



Perkins, of Jamaica, New York, contacted the company three times through a telecommunications relay service during a state of emergency and snowstorm in January 2014. Perkins was waiting for a bus that was delayed in Clifton and called the company, according to the complaint the state Division of Civil Rights filed against Clifton Taxi.



The relay service allows Perkins to make calls by sending text messages from her cell phone to a relay operator.



An operator called the company, advising them that she was assisting a Deaf Caller, but was hung up on twice. On the third call, someone at Clifton Taxi picked up and allegedly responded, "Please stop calling" and then hung up, the complaint said.



The company must pay Perkins $6,000 for emotional distress, $20,000 in penalties, and $16,000 in attorney fees.



Under federal law, all telecommunications providers are required to provide telecommunications relay services. Through these services, an individual who is Deaf, Hard of Hearing or has a speech disability can communicate in real time by telephone.



“Setting aside for a moment the egregious nature of the circumstances - a deaf woman being hung up on three times as she sought a ride to escape an oncoming blizzard - the fact is that businesses and other places of public accommodation can’t simply ignore a Deaf or Hard of Hearing person trying to communicate through a relay service,” Attorney General Porrino said in a statement. "This is an important outcome, because it puts service providers and other businesses on notice that we’re serious about protecting the rights of persons with hearing and other disabilities, and that we will hold accountable anyone who fails to follow the law.”



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.

To activate this feature, press the "CC" button.

"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



Related Drive-Thru:

Taco Bell Complains About Deaf Customers

Deaf Woman's Video At Starbucks Goes Viral

Drive-Thru McDonalds Discrimination Deaf Driver

Drive Thru Invisible Driver Prank - Magic of Rahat

Drive Thru Headless Prank - Magic of Rahat

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