Clark v. California

In April 1996, the Prison Law Office, along with co-counsel, filed a federal class-action lawsuit on behalf of incarcerated individuals with developmental disabilities. The lawsuit alleged the California Department of Corrections and Rehabilitation (CDCR) discriminated against the Plaintiffs based on disability, in violation of Section 504 of the Rehabilitation Act, the ADA, and the Sixth, Eighth and Fourteenth Amendments of the Constitution. In December 2001, the State agreed to a Remedial Plan that established the Developmental Disability Program (DDP), which attempts to address the needs of the Clark class, including through screening and identification, staffing support, designated housing, and the provision of identified adaptive supports such as assistance with reading and writing, prompting for activities of daily living, and measures to ensure class member safety. After an unsuccessful attempt by the State to terminate Clark in 2009, additional relief was ordered through training and staffing. The Prison Law Office continues to monitor CDCR's compliance with the Remedial Plan.