Armstrong v. Newsom

Case Summary

The Prison Law Office and Rosen Bien Galvan and Grunfeld LLP filed a federal class action lawsuit in 1994 on behalf of people with disabilities, including those with vision, kidney, hearing, mobility, speech, and/or learning disabilities, who were in CDCR custody. The lawsuit alleged that people with disabilities did not have equal access to programs, services, and activities, both in prison and while on parole, as required by the Americans with Disabilities Act (ADA). The Court found that CDCR was violating the ADA and Rehabilitation Act, and issued an injunction to improve access to prison programs for prisoners with physical disabilities at all of California’s prisons and parole facilities. Since that time, the Prison Law Office has been working to enforce the terms of the injunction and ensure that people with disabilities are treated fairly in the California prison system.

Timeline

1994 Incarcerated people with disabilities file the case against the California Department of Corrections—now the California Department of Corrections and Rehabilitation (“CDCR”).
1995 Plaintiffs additionally sue the California Board of Parole Hearings (“BPH,” previously known as the Board of Parole Terms) as a defendant, and district court certifies the Armstrong case as a class action.
1996 District court issues remedial order and injunction requiring CDCR to develop remedial plan to correct its violations of the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act.
1999 District court issues a permanent injunction requiring the BPH to comply with the ADA and Rehabilitation Act.
2001 After multiple appeals to the Ninth Circuit, CDCR submits Armstrong Remedial Plan to the district court. Plaintiffs seek a court order requiring CDCR to make prison facilities structurally accessible.
2002 In response to Plaintiffs’ motion, district court orders CDCR to make prison facilities structurally accessible, and enters a Revised Permanent Injunction against the BPH.
2006 District court grants Plaintiffs’ motion seeking an order requiring the BPH to systematically track incarcerated individuals’ disability-related needs.
2007 District court appoints Armstrong Court Expert. District court grants Plaintiffs’ motion for a more specific injunction requiring CDCR to take an array of remedial steps, including establishing permanent positions for sign-language interpreters, creating a statewide tracking system to monitor the needs of people with disabilities, and monitoring prisons’ and individual prison employees’ failures to comply with court orders.
2009 District court orders Defendants to fix ADA violations occurring against plaintiffs held in county jail facilities.
2012 District court modifies the 2007 injunction to require CDCR to track and investigate allegations of noncompliance with the ADA, the Armstrong Remedial Plan, and prior court orders, and to initiate disciplinary or corrective action proceedings against employees where appropriate. (Court revises and finalizes order in 2014 following Ninth Circuit appeal.)
2013 Plaintiffs seek—and district court issues—order requiring CDCR to take further steps to ensure adequate provision of sign-language interpretation services to deaf incarcerated people.
2015 District court orders CDCR to stop housing incarcerated people in administrative segregation due to a lack of accessible housing, in response to Plaintiffs’ motion.
2016 - 2019 Plaintiffs investigate and report to the district court misconduct by CDCR staff against incarcerated people with disabilities at numerous prisons across the state.
2020 District court orders CDCR to abide by stipulated agreement regarding protection of plaintiffs during the COVID-19 pandemic.
2020 - 2021 District court orders CDCR to stop assaulting, abusing, and retaliating against people with disabilities, including by ordering the implementation of body-worn cameras on correctional officers at Richard J. Donovan (RJD) and five additional prisons.
2022 - 2023 Court Expert and Plaintiffs investigate mistreatment of people with disabilities at Substance Abuse Treatment Facility (SATF). In December 2022, August 2023, and November 2023, Court Expert reports ongoing concerns at SATF. Court orders CDCR to develop plans to remedy specific violations of the ADA and ARP at SATF and beyond.
2024 District court, in response to Plaintiffs’ motion, orders Defendants to comply with previous courts by providing specific accommodations for people with vision and hearing disabilities.

Documents & Resources

CDCR Policies and Information About Disability Accommodations

Part of our monitoring and advocacy work in Armstrong involves negotiating new policies with CDCR about disability accommodations. We maintain many of these policies for public access here.

Office of the Inspector General Reports

The Office of the Inspector General (OIG) publishes reports on CDCR’s performance in a number of areas, including staff misconduct. The OIG’s recent staff misconduct reports can be found below.