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Showing posts with label Suing. Show all posts
Showing posts with label Suing. Show all posts
Deaf News: Deaf woman denied interpreter by cops who arrested her after car accident sues city and NYPD.



NEW YORK CITY -- A Deaf woman was mocked and wrongly arrested by New York City Police Department cops after a minor car accident - all because they refused to get an interpreter to hear her side of the story, a new Manhattan federal lawsuit alleges.



Tanya Ingram's alleged ordeal began around 3:15 p.m. on Feb. 26, 2013, when she and another car collided at the intersection of Second Ave. and E. 120th Street.



The other driver got out of her car and rushed toward Ingram, apparently angry and shouting, the suit claims.



Ingram felt threatened by the other driver’s behavior so she "picked up a small metal pipe that she had in her car and exited the car, gesturing to (the other driver) to back away with her free hand. At no time did Ms. Ingram swing the pipe, nor did she ever attempt to strike (the other driver)," the suit states.



The cops who arrived on the scene some 45 minutes later spent considerable time speaking with the other driver in the accident, the suit says.



They refused to provide Ingram with the means to communicate, however - though she repeatedly pointed to her ear and shook her head to show her hearing impairment, she says.



One of the responding officers asked Ingram for her keys and opened the trunk. He then made several gestures to indicate a pipe, and she retrieved it from the car.



As the officers mulled about the scene of the accident, an EMT dispatched to the intersection approached Ingram. She explained that she was Deaf through gestures, and he gave her a piece of paper and pen so that she could speak with him. The officer who had opened her trunk was 10 feet away.



"You did not understand me. That's not right. I know she's lying to you. How can I tell you my story? I want my rights. Call interpreter," the note stated.



Ingram, 51, tried to show him the note, and while he glanced at it, the cops "expressed visible annoyance" and ignored her.



She then saw several officers speaking with each other and they "appeared to be mocking her use of gestures."



When the cops moved to arrest her, Ingram had no idea what was happening and became "extremely frightened and utterly bewildered as to the reason for her arrest began crying and repeatedly tried to audibly shout, 'Why?,'" her lawyers maintain.



Ingram was ultimately detained for 24 hours and never received an interpreter as required by law, she alleges.



She had been charged with four misdemeanors menacing, criminal possession of a weapon, harassment, and resisting arrest but all charges were dropped in July 2013, the suit contends.



Ingram is seeking unspecified damages.



Asked about the lawsuit, a city Law Department spokesman said that: "The complaint will be reviewed."



Ingram’s lawsuit is one of several recent false arrest claims in which Deaf individuals allege they were denied an interpreter.



Also Thursday, Susan Herman, NYPD Deputy Commissioner of Collaborative Policing, said the department is hosting an outreach event for the Deaf and Hard-of-Hearing this March at the former police academy building on E. 20th Street.



At the event, they hope to distribute visor plaques for the Deaf and Hard-of-Hearing so they can better communicate with police officers, she said.



These plaques would say that the driver is Deaf or Hard-of-Hearing and the driver's preferred method of communication, as well as various symbols and words, to explain things such as why an officer has stopped the driver.



Deaf and hard-of-hearing drivers will also be able to indicate whether they're having a medical emergency, Herman says.



The NYPD will soon launch a pilot program in three precincts to increase access to in-person and tablet-based American Sign Language translation. The department also worked with the Deaf and Hard-of-Hearing community to create a roll call training video, she told The News. SOURCE



Related:

Deaf Woman Sues NYPD For Wrongly Arrested & Assault

Deaf Woman Sues NYPD For Denying Interpreter
VIDEO [CC] - Deaf News: Exclusive interview with Deaf customer who is upset with McDonald's over treatment in Nebraska.





COLUMBUS, NEB -- WOWT-TV: A clash between a customer and the company: the video captured at a Columbus, Nebraska drive-through went viral recently.





Just two hours into the New Year, Jonathan Ramos arrived at the McDonald's drive-through window. His frustration in trying to place an order is evident in the use of his car horn, something, he himself, doesn't hear. It struck a nerve with one of the employees.



Video captured an employee’s response: "You can leave or I'm going to call police. Do you get that one?"



Ramos has been in Columbus for less than a year and has ordered at the McDonald’s before. He’s Deaf. Chicken pox took his hearing when he was a little boy. He doesn't read lips.



After exchanging texts and emails, WOWT 6 News met with Ramos outside the restaurant. We used a legal pad to write down any follow-up questions and answers during the interview.





He said he wanted to order a #9 - 3 or 5 piece Chicken Selects. He explained he usually types the information on his phone and then shows the order to the employee.



Because of his disability, he felt the workers were ignoring him by leaving the window.



After this exchange, Ramos said the employees need a serious lesson in dealing with hearing- impaired customers.



The owners of this McDonald's told WOWT it was a matter of misunderstanding and miscommunication. They said that earlier in the video when workers left the window on New Year's Day, they weren't discriminating against Jonathan, but getting a pen and paper to get the order.



From Jonathan Ramos' cellphone video, workers wrote this note: "You need to leave or we will call the police."



Employees did call police, saying that he refused to move forward in the drive through.



The owners tell WOWT 6 News that his minute-long video is only part of the story; that their own driver-though security cameras paint a different picture of Ramos disrupting a busy drive-through by honking his horn for nine minutes before turning his own video recorder on. Ramos disputes that account.



When asked if he thought it was all a misunderstanding, Ramos shrugged his shoulders. Ramos went on to explain that there’s no excuse for how he was treated. He plans to sue for discrimination.



I, Jonathan, am he declared sue to McDonald's Columbus, Nebraska.



For the restaurant's part, owners admit tempers flared but that neither side communicated well. They said Deaf customers usually bypass the speaker and go straight to the window to hand them a piece of paper with the order.



After the incident, the McDonald’s now keeps a pad and pen near the drive-through window in order to better communicate with the Deaf community.



Ramos hopes he's opened some eyes for every worker when it comes to dealing with those with a disability. He wishes more drive-through restaurants would add cameras near the ordering speaker so the Deaf community could easier communicate with the employees.



The McDonald's owners in Columbus say Jonathan Ramos is welcome at the restaurant any time. Source



Related McDonald's:

Drive-Thru McDonalds Discrimination Deaf Driver

McDonald's Charged In Discrimination Deaf Job

Sign Language On The McDonalds TV Ads



Related Drive-Thru:

Deaf Woman's Video At Starbucks Goes Viral

Taco Bell Complains About Deaf Customers

Drive Thru Invisible Driver Prank - Magic of Rahat

Drive Thru Headless Prank - Magic of Rahat
Deaf News: Canadian schools for the Deaf facing lawsuit alleging abuse.





CBC HALIFAX -- A Halifax law firm says it has filed a statement of claim in Nova Scotia Supreme Court alleging systemic sexual, physical, and mental abuse against Deaf children who attended two segregated residential schools in the province.



Lawyer Ray Wagner says Wednesday's move is an important step in a proposed class action lawsuit that still needs to be certified by a judge before proceeding to trial.



The schools named in the claim are the School for the Deaf in Halifax and the Interprovincial School for the Education of the Deaf in Amherst.



The Nova Scotia government has also been named as a defendant in allegations that have not been proven in court.



The claim alleges the province, which was responsible for the operation and oversight of the institutions, chose not to properly investigate or stop the abuse and mistreatment of the children, and that its actions constitute negligence and breach of fiduciary duty.



The law firm says that to date it has been contacted by over 150 former students of the two schools. Source



Another class action was proposed in 2010 by Merchant Law group of Saskatchewan. Two other men were named as lead plaintiffs in that action. But there's no indication it has proceeded beyond the initial filing.



60 people signed up.



There have also been criminal allegations against staff at the schools over the years.



Wagner said a lot of people have already expressed interest in joining this proposed class action.



"We held a town hall meeting at the Halifax library where there were approximately 80 people had attended to listen to what we were saying and proposing with a class action," Wagner told CBC News.



"And already at this early stage we have 60 people that have signed up."



Wagner's firm also a multi-million dollar settlement in the Home for Coloured Children case.



"We're hearing the same stories, the same narrative," Wagner said. "It is a very common experience, both by people in the school for the Deaf and the Nova Scotia Home for Coloured children."



Wagner said people wanting to join the lawsuit over the schools for the Deaf will have to be patient. He said the suit must wait two months before the next step is taken, and he predicts any litigation is still many months away. Source



Class action lawsuit alleges abuse at Ontario schools for the Deaf.

Four provincial schools for the Deaf named in $325-million lawsuit.



TORONTO -- A Toronto man alleges he was abused for years at Ontario schools for the Deaf and has launched a class action lawsuit on behalf of other former students against the provincial government.



The statement of claim, filed Monday in Ontario Superior Court of Justice, alleges sexual, physical and mental abuse at four provincially run schools for the Deaf over the course of decades.



None of the allegations have been proven in court.



Christopher Welsh, in his statment of claim, accuses the province of negligence in the establishment, funding, operation, management and supervision of schools in Ottawa, London, Belleville and Milton.



"Students have suffered sexual, physical and emotional abuse at the hands of teachers, residence counsellors, other students and employees of the schools," reads the statement of claim.



A spokesman for the province's Ministry of Education would not comment on the case as it is before the courts, but said the current government believes every child deserves high-quality education and a supportive learning environment.



"Over the years, we have been committed to ensuring students in our schools have access to the supports and resources they need to succeed," said Gary Wheeler. "This includes our most vulnerable students."



Welsh went to two of the schools named in the class-action suit -- Ernest C. Drury School for the Deaf in Milton, Ont., where he lived from the time he was five years old in 1964, followed by Robarts School for the Deaf in London, Ont., according to the claim.



He said he was forced to wear hearing aids and was repeatedly struck across his ears, leaving him bloodied and in pain.



'Form of punishment'



Welsh's claim also alleges he was hit with rolled up magazines across his hands and beaten with a stick and belt by teachers as "a form of punishment" for using sign language instead of speech when conversing with other students.



He alleges teachers and counsellors often snuck up behind him, taking advantage of his hearing problems, and would grab him at the urinal and slam him into a wall or rip the chair out from under him as he was sat doing homework.



Later, when he attended the Robarts School for the Deaf, the abuse continued, according to the claim.



A counsellor at Robarts, wearing leather boots with pointed toes, repeatedly ambushed Welsh and kicked him in the buttocks, leaving him bruised and in pain when sitting. The counsellor did the same thing to other students, the claim alleges.



Teachers and staff often called him "Deaf and Dumb."



The statement of claim suggests Welsh was not alone.



"Hundreds, if not thousands" of students may have been affected, said Welsh's lawyer, Robert Gain, with the firm Koskie Minsky.



Teachers hit students in the mouth to teach them how to talk, the claim charges.



If students didn't use speech to communicate, teachers would "forcefully hold students' arms and restrain them" so they couldn't use sign language.



The statement of claim alleges counsellors took advantage of the students' hearing problems by sneaking up, often under their beds, to grab their feet and pull them down. Other students would have to lie face down on their beds as counsellors spanked them repeatedly, causing injuries in many cases, according to the claim.



Gain said he has spoken with other survivors who shared similar stories of alleged abuse. Two other schools, Belleville's Sir James Whitney School for the Deaf and Ottawa's Centre Jules-Leger in Ottawa have also been named in the lawsuit.



Gain said Welsh "wanted to bring this case forward and shine a light on the problem so that others would have access to justice and could have their stories heard and the province held responsible and accountable for the misconduct."



"The province certainly had a duty to have proper procedures and oversight and they failed to live up to their obligations to these vulnerable students," he said, adding he believes there may be more former students who want to share their stories.



Gain said the next step is to seek certification -- the court's permission -- to continue the case. The lawsuit is seeking $325 million in damages. Source



Related: @Deaf Schools

Related Deaf Canadians: @Deaf Canadians
VIDEO [CC] - Deaf woman sues NYPD for denying sign language interpreter for nearly 24 hours after she was arrested, locked up.





NEW YORK CITY -- A Deaf woman who is also speech-impaired has sued the New York City Police Department for denying her a sign language interpreter for nearly 24 hours after she was arrested and locked up overnight, according to papers filed in Manhattan Federal Court.



Opal Gordon was arrested Sept. 21 as she left Manhattan Family Court for allegedly violating an order of protection. She was at court for a custody case about her daughter.



To activate this feature, press the "CC" button.


Gordon, of Manhattan, who is “profoundly Deaf and speech-impaired,” said cops didn’t tell her why she had been arrested nor did they provide her with an interpreter. They also didn’t read her Miranda rights, she said.



Police brought Gordon, 53, to the 45th Precinct stationhouse in the Bronx and held her there for two hours, she said. “The boss who runs the precinct signed to me and asked if I am Deaf. I said ‘Yes,’” she told the Daily News. But none of the officers called for a sign language interpreter or gave her anything that would help her communicate with them, she said.



“Not even a piece of paper,” Gordon added.



The officers brought her to a holding cell in Bronx Central Booking and she was held overnight, according to her lawsuit. Gordon claims she repeatedly tried to communicate her need for a sign language interpreter but was ignored.



“No one would listen to me,” she said.



It took the NYPD 21 hours to get a sign language interpreter to help Gordon, her lawsuit said.



The city’s Administration for Children’s Services visited Gordon’s home in October as part of its Manhattan Family Court case. Even though ACS knew Gordon was Deaf, the agency didn’t bring an interpreter upsetting Gordon because the visit, part of a court-ordered investigation, could affect her custody case.



“This is nothing new for the city,” said Gordon’s lawyers Eric Baum and Andrew Rozynski, who represent many Deaf clients.



Deaf Woman Sues NYPD For Wrongly Arrested



Their law firm said the NYPD has a 2009 consent decree with the Justice Department to improve its treatment of the Deaf community. But the city and the NYPD continue to violate the civil rights of Deaf people, according to the lawyers.



The city Law Department didn’t comment on the pending litigation. “We will review the suit and respond accordingly once we are served,” a spokesman said. Source



Related: @Lawsuit