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'They just don’t care about deaf folks,' plaintiff says | ACLU seeks lawsuit on deaf inmates' behalf

They allege that prison, parole, and probation systems fail deaf prisoners leading them to be behind bars longer and more often than they should.

MACON, Ga. -- The American Civil Liberties Union (ACLU) and its Georgia counterpart have filed a motion in federal court on behalf of deaf state inmates.

They allege that prison, parole, and probation systems in Georgia fail deaf prisoners leading them to be behind bars longer and more often. The complaint says the plaintiffs are all deaf or hard of hearing and have been incarcerated in the past or are currently imprisoned.

The suit was also filed against the Georgia Department of Community Supervision, the Georgia State Board of Pardons, and some administrators within the agencies.

The complaint alleges that the defendants deny the plaintiffs communication access to basic information such as the steps they can take to become eligible for probation or parole. They said many of them end up in solitary confinement or have no way to communicate with nearby guards or counselors when they don't have access to sign language interpreters or other auxiliary aids.

Jerry Coen is one of the plaintiffs who said he experienced this type of treatment. He was completely unable to speak or hear. He told 11Alive he couldn't earn early release because when it came to sign language, justice was blind.

Jerry Coen

"They thought I was trying to be aggressive, but I wasn't," he said. "I’m just deaf and my mode of communication is sign language. I couldn’t understand what they were saying. I know that I needed to take classes to be able to rehabilitate, but they looked at me like I was an animal, like I was crazy or something.”

Jerry was placed in what the prisoners call "the hole."

"He was thrown into solitary confinement for almost a week because he allegedly committed a disciplinary infraction," said Sean Young of the ACLU of Georgia. "But at the disciplinary hearing, he wasn’t even given the tools to even defend himself. He couldn’t even understand what was going on because there was no sign language interpreter.

Instead, Young said he was handcuffed.

"Hands behind his back, when his hands are the only tools that he has to communicate," Young said. "Imagine being called to defend yourself, and then someone shoving a sock down your mouth and saying you cannot speak in defense of yourself, and we’re going to throw you in solitary because you can’t.”

Sean Young of the ACLU of Georgia

"When you put a deaf person’s hands behind their back, I can’t communicate," Coen said. "That’s not justice at all.”

"I just don’t think the Department of Correction cares. The court system, DOC, they just don’t care about deaf folks," he said.

11Alive reached out to the agencies.

"Due to pending litigation, we are unable to offer any statements at this time," said James Hill of the Georgia Department of Community Supervision.

GDC officials said it could not comment on pending litigation, but did give insight into some of the services provided.

Joan Heath, a spokesperson for the Georgia Department of Corrections, said those who use American Sign Language have access to qualified interpreters. Heath said they have TTY devices at each facility through Securus. In addition, they have video relay services at select facilities Other services include headphones for those with hearing aids, hearing aids themselves, signs that indicate call-outs, volume control on phones, and coupler devices for phone receivers.

Officials with the Georgia State Board of Pardons and Paroles said the state of Georgia doesn't have parole hearings where an inmate would appear before the board. The decisions are made by board members reviewing the case file and staff would interview inmates in prison. They also can't comment on pending litigation.

A spokesperson for the Board sent 11Alive the policy it uses. It states that the Board will comply with the provisions of Georgia law to ensure that the rights of hearing impaired and non-English speaking persons are protected.

The policy shows its effective date for March 1, 2009 with its last revision in June 2018.

Here is part of what one of the procedures says:

Under Georgia Code 24-9-103, the Georgia Department of Human Resources is required to provide a qualified interpreter whenever a hearing impaired person is taken into custody for allegedly violating any criminal law or ordinance of the state or any political subdivision thereof. This request must be initiated by the arresting officer. In the event that such services are needed and are not available locally, Board employees may contact the Sign Language Interpreting Services of the Georgia Department of Human Resources.

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