Advocates for disabled inmates sue jail system

SAN JOSE — Another group of inmate advocates has sued Santa Clara County’s troubled jails, claiming more must be done to improve conditions for prisoners who rely on wheelchairs or canes.

The lawsuit, filed in federal court Monday by Berkeley-based Disability Rights Advocates, follows a wave of litigation by individual inmates and the Prison Law Office against the jails since the fatal beating of mentally ill inmate Michael Tyree in August 2015, allegedly by three guards who have been charged with his murder. The plaintiffs in those cases allege a wide range of problems, from excessive force to the overuse of solitary confinement.

While a lawyer for the disability rights group credited the county Wednesday with making strides in improving conditions, the group’s lawsuit points to several remaining problems.

For instance, inmate Brandon Williams, who is paralyzed from the waist down, was injured recently and had to be taken to the hospital after his unsecured wheelchair tipped over while he was being transported to court in a van, the lawsuit alleges.

Another inmate, Robert Phillips, who drags his right foot while he walks as the result of back, neck and leg injuries he sustained before being incarcerated, was denied a cane for three months. Whenever he left his cell, his legs were shackled together, causing him to lose his balance. He frequently fell, including down the stairs, and according to the lawsuit, each time was knocked unconscious.

In a written statement, a spokesman for Sheriff Laurie Smith, who oversees the jails, said the department takes the disabled community’s concerns seriously and has already begun to make changes.

“Several policies and procedures designed to improve the safe management of our inmate population with disabilities are being implemented as quickly as reasonably possible, and we look forward to the construction of the new custody facility that we believe will remedy many of the structural issues identified in this lawsuit.”

The lawsuit also cites what it says are systemic problems, related to physical deficiencies like cracked sidewalks at Elmwood or lack of grab bars near toilets at the Main Jail. For instance, many disabled inmates are housed in far more restrictive units than warranted by their crimes, including drug abuse. As a result, they spend at least 23 hours a day in their cells and are routinely denied access to showers, medical care, religious services and educational and vocational programs, the suit alleges. It also faults the jails’ grievance system as “almost useless,” claiming that complaints from disabled inmates frequently fall on deaf ears.

But a lawyer for the disability rights group noted Wednesday that the group remains in negotiations with the county and still hopes to reach a settlement.

“The county has been very receptive and our goal is to continue to work with them and reach a settlement,” said Mary-Lee Smith, a lawyer with Disability Rights Advocates.

She added, “There’s competition for attention from the county” from other plaintiffs, “and we want to make sure mobility disabilities aren’t ignored.”

The disability rights group first threatened to sue in 2015, before Tyree was killed. But it agreed to enter into a formal negotiating process with the county, which included having the county hire a consultant for about $470,000 to do an independent review of the jails. The plan was to avoid expensive litigation by agreeing on jail fixes. The county also paid the group about $15,000 a month to cover jailmonitoring expenses. Those payments ceased when the group filed suit.

The county already has made significant changes in the jails. For example, it has stopped charging inmates $3 for filing medical complaints, including requests for canes.