Deaf Man Sues Over Lack of Prison Accommodations

Larry Berke, a deaf man preparing to serve time in prison for mail fraud, is suing the Federal Bureau of Prisons over his assignment to a facility that he claims isn't equipped to accommodate a deaf prisoner.

Berke, represented by counsel from Ballard Spahr and the Washington Lawyers' Committee for Civil Rights and Urban Affairs, filed the complaint (PDF) on August 14 in U.S. District Court for the District of Columbia. He's also asking for a temporary restraining order, since he's scheduled to begin serving time on August 23.

After pleading guilty to a single count of mail fraud, Berke was sentenced in December 2011 to serve 24 months in prison. The judge recommended that Berke be assigned to a prison that could accommodate him, but Berke claims the bureau failed to do so.

Berke, according to the complaint, is "profoundly deaf," which means he can hear some sounds but can't understand speech. He is fluent in American Sign Language but does not read lips.

According to the complaint, Berke is set to serve his sentence in a federal prison in Florence, Colo., which doesn't have accommodations such as visual safety alarms (except for fires) or visual videophones, which Berke says is the only way he can communicate with people outside of the prison.

Berke is also alleging that the bureau doesn't provide interpreters for deaf prisoners for everything from orientation and disciplinary proceedings to religious or educational programs. He also expressed that concern that he wouldn't be able to communicate with medical personnel.

The lawsuit alleges violations of the federal Rehabilitation Act as well as violations of his rights to due process, free speech and freedom from cruel and unusual punishment.

Berke is being represented by Ballard Spahr partner Constantinos Panagopoulis and Washington Lawyers' Committee attorneys Ivy Finkenstadt and E. Elaine Gardiner, who runs the committee's Disability Rights Project.

"What is especially compelling about this case is that, although other ADX Camp prisoners have access to telephones, Mr. Berke will have no way to call his deaf family and friends, including his wife and children," Finkenstadt said in a statement. "Mr. Berke’s youngest children are too young to be able to read or write, and the only way they could communicate with their father while he is incarcerated would be through videophone.”

The Federal Bureau of Prisons declined to comment.

The case is assigned to U.S. District Judge Ellen Huvelle.

Comments

[MM]

Hello, I am deaf. FIrst of all, please excuse my bold and direct writing.

I don't care if he need video relay or some kind of special device to communicate. I don't give a fuck. In fact, prison is not 5-stars hotel because I strongly believe that once you committed crime, all rights should be automatically lost if found guilty. My version of how inmate should live their life in prison, all equal ( deaf and hearing): No phone, no mattress, (extremely bland food) feed once a day as if they were pigs, no porn, no window, No tv, no books, Nothing. I mean nothing, leave it bare. That way, they will have nothing to do but think about their time and impossible to make weapons. I don't care about rape, and all that shit. I don't care If this person is deaf and crying about their bleeding ass, too bad. They should've think twice about breaking law because in prison don't not knowledge human rights. On other hand, if they are innocent....Darn...I would sue court and everything because I can understand how frustrating it is for deaf to get FAIR trail. ALL the access communication SHOULD be provided no matter what, all licensed, and all of this crap deaf NEED so....that way, no money is wasted, done properly to ensure that deaf are legally guilty or not. I know system are not perfect but please, please...do it right first time to cut down the chance of sending innocent deaf to prison.

Again, sorry about graphic imagination. Thank you for taking time to read my comments.

[Mobility Store]

It seems that Mr.Larry is looking for a special treatment where in he will have a comfortable stay.

[Jeanny]

Ms Wilson, does this means you agree for all other hearing con artists in the prison to get their special treatment such as phone????? The special treatment IS not the point here. Would you place a blind person in the jail WITHOUT his/her cane?? Would you place a person requiring eyeglasses in jail without eyeglasses?? Would you place a woman in a men jail?? Would you place an adolescent in an adult jail?? Would you place a victim of rape with a rapist?? Wake up! Communication is everybody's mode of communication regardless their method. Larry may be guilty but he's not guilty for needing his mode of communication wherever he goes!

[tracy]

if it is not cruel and unusual punishment then the other prisoners should not have acess to communication, calls home to family, or any policy procedures or programming the prison provides either

[ColorBlindJustice]

Mr. Berke communicated sufficiently well to contemplate and execute wire fraud, so it's reasonable to believe he can get by in a soft-security prison for a couple years. If he can't, too bad; he should have thought about the potential hardships of incarceration before perpetrating his crimes. Taxpayers owe this disgraced rodent nothing.

[Claire Fox]

I see glaring issues of equality here in the demand for accommodation of the prisoner's disability. We do have federal laws protecting the disabled, right? The deaf prisoner must enjoy the same functioning environment/rights/access as the non-disabled. THAT is how issues of free speech and cruel and unusual punishment arise. We may see them or miss them based on our prospective. Now, it might(or might not) be true that in Mexico you are left to fend for yourself. But basic rights allow interpreters in the courts HERE. This prison happens to need an interpreter for daily living.We don't (I hope) expect the non-able bodied prisoners to "make do" without wheelchairs, do we?

[Avon]

I agree with John William. The issue is equality.

Women get handled separately from men. Addicts and diabetics and observant religious people get the accommodations that level their situations. Deaf people should too, to the extent it's feasible - and if the issue is simple technology, like skype for the family, it's gotten real cheap these days.

Luckily Judge Huvelle is astute enough to focus on the real issue. Even though she's no softie, I'm expect there'll be justice.

[Brandon McBride]

I feel that he should be have access to personnel that will allow him to communicate. Due to the nature of his disability, it's impossible for him to be able to communicate on the same level as other prisoners, no matter how many personnel the state highers. However, he should have access to someone who can help him close that gap.

On the other hand, I feel that claiming violations of free speech and cruel and unusual punishment are a little too much. I would have the same inability to communicate if I traveled to Mexico and nobody spoke English. It's not cruel - it's the unfortunate nature of the situation. I don't see it as a violation of free speech, either. He is free to say what he likes. Nobody is telling him not to. However, it is unfortunate that he cannot be understood.

Long story short - I feel for his need to be able to communicate and I believe he should have it. However, I also feel that claiming violations of free speech and the nature of punishment are slightly on the frivolous side.

[Barbara Raimondo]

I agree with John. Many, if not most deaf individuals in prison do not receive effective communication and do not have the knowledge or resources to file a complaint. I hope that accommodations are put in place for Mr. Berke and that this case will benefit others as well.

[John William]

I do not believe the issue is special treatment. It has everything to do with equal treatment. This means having the ability to access communication on a level similar to what is available for other prisoners. I truly hope that something good comes out of this law suit. Too many deaf prisoners, whether they were righly or wrongly placed into prisons, have been abused for lack of communication access.

[Ms Wilson]

Larry has ALWAYS been a con artist. ALWAYS plays people and he doesn't deserve special treatments!