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Plaintiffs Allege Illinois Department of Corrections Excludes Disabled Inmates from Programs

MADISON - ST. CLAIR RECORD

Monday, December 23, 2024

Plaintiffs Allege Illinois Department of Corrections Excludes Disabled Inmates from Programs

Federal Court
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On May 15, 2024, plaintiffs Demario Bell, Brandon Fox, Ted Knox, Michael McGowan, and John Ruffin filed a civil rights complaint in the United States District Court for the Southern District of Illinois against Latoya Hughes, Acting Director of the Illinois Department of Corrections (IDOC). The plaintiffs allege that IDOC has systematically excluded them from essential educational and mental health programs due to their disabilities.

The plaintiffs, represented by attorneys Sophia Lau, Jessica Gingold, and Amanda Antholt from Equip for Equality, argue that IDOC has knowingly violated federal and state disability rights laws. They claim that despite being aware of a recurring elevator malfunction at Pinckneyville Correctional Center, IDOC continues to hold critical programs on the second floor of a building inaccessible to wheelchair users. This exclusion has denied them access to educational opportunities, mental health treatment, group programs, and corresponding good-time credit.

The complaint details how each plaintiff's federally protected rights under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act have been infringed upon. For instance, Demario Bell was unable to attend mental health treatment groups or access the law library due to the broken elevator. Similarly, Brandon Fox missed out on a six-week drug program and Adult Basic Education classes because they were held on an inaccessible second floor. Ted Knox and Michael McGowan faced similar barriers in accessing mental health groups and conducting legal research necessary for their pro se litigation cases.

John Ruffin experienced these issues during his incarceration at Pinckneyville Correctional Center until February 28, 2024. The plaintiffs assert that IDOC leadership has long been aware of these problems but failed to take reasonable steps to accommodate wheelchair users. Despite numerous grievances filed by the plaintiffs requesting access adjustments like relocating programs to the first floor when the elevator is out of order, no adequate measures have been implemented.

The lawsuit seeks injunctive relief and damages. The plaintiffs request that the court declare IDOC's actions as violations of Title II of the ADA, Section 504 of the Rehabilitation Act, and the Civil Rights Remedies Restoration Act. They also seek an order mandating IDOC to provide accessible locations for all eligible programs regardless of elevator functionality and ensure compliance with federal disability rights laws. Additionally, they demand actual damages under state law amounting to no less than $4,000 per violation along with costs, expenses, and reasonable attorneys' fees.

This case is being overseen by Judge GCS under Case No. 3:24-CV-1278.

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