Fred Pierce, Timothy Lee Conn, Fermin Valenzuela, Laurie D. Ellerston v. County of Orange, a Governmental entity; Michael S. Carona, individually
Published: Sep. 10, 2011 | Result Date: Jun. 28, 2011 | Filing Date: Jan. 1, 1900 |Case number: 8:2001-cv-00981 Bench Decision – Plaintiffs
Court
USDC Central
Attorneys
Plaintiff
Barrett S. Litt
(McLane, Bednarski & Litt LLP)
Lauren K. Teukolsky
(Teukolsky Law APC)
Richard P. Herman
(Law Office of Richard P. Herman)
Bryan B. Miller
(The Wade Law Group)
Dan L. Stormer
(Hadsell, Stormer, Renick & Dai LLP)
Defendant
David D. Lawrence
(Lawrence, Beach, Allen & Choi PC)
Paul B. Beach
(Lawrence, Beach, Allen & Choi PC)
Christina M. Sprenger
(Lawrence, Beach, Allen & Choi PC)
Facts
In 2001, Timothy Conn, a quadriplegic inmate in Orange County, filed a lawsuit against the County. Conn alleged that in order to get into the shower, other inmates had to carry him and his chair above a concrete obstruction, which was humiliating to Conn.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff argued that the barriers denied disabled inmates access to necessary facilities in the jails, which violated the Americans with Disabilities Act.
Result
The court ordered defendant to comply with the ADA by making certain areas in jails accessible to disabled inmates. Also, defendant was required to make changes to some cells, toilets, sinks, showers, and drinking fountains at most jails. Further, defendant was required to train deputies on accommodating disabled inmates, and a court monitor was assigned to ensure compliance.
Other Information
Defendant prevailed at trial in 2004; plaintiff appealed on numerous issues and the Ninth Circuit remanded for further fact finding on a few.
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