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Deaf Detainee Denied ADA Mandated Accommodation: Damage Claim Reinstated  


Author:  Fred Cohen.


Source: Volume 20, Number 01, May/June 2018 , pp.5-6(2)




Correctional Mental Health Report

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Abstract: 

David Updike has been deaf since birth and uses American Sign Language (ASL) as his primary language. After police were called to an altercation at Updike’s home, he was placed in custody overnight; his request for an interpreter, computer, TTY typewriter, video relaying services, and pen or paper, were denied by jail staff. Updike sued the jail, claiming that he was entitled to reasonable accommodation of his disability, and had that been done he would not have spent the night in jail. We examine the facts and appellate ruling in this important ADA case, decided by the 9th Circuit, which ruled that Updike has the right to a jury trial on his claim for money damages.

Keywords: Updike v. Multnomah Co; Americans with Disabilities Act of 1990

Affiliations:  1: Executive Editor.

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