The National Disability Rights Network (NDRN) has been an advocacy group for the disabled for the last 25 years. But the NDRN has also been lending a hand to disabled inmates who feel they are being discriminated against while incarcerated - and according to Executive Director of the NDRN, Curtis Decker, the organization will continue to act as a supporter of those inmates.

“Inmate disability cases are becoming more and more a part of our organization,” Decker says. “Congress has given us access to corrections facilities because we are here to aid any person with a disability – behind bars or not.”

The NDRN was created by Congress as an advocacy group for the disabled after legislators realized that the disabled needed representation in Washington. But since the organization was started, inmates with disabilities have written to the NDRN detailing the neglect they have increasingly suffered in prison.

Most of the cases that the NDRN deals with are a result of the Americans with Disabilities Act (ADA), which was enacted in 1990. The ADA legislation provides protection against discrimination to the general public and incarcerated prisoners with disabilities.

While Congress has sanctioned the NDRN to monitor correctional facilities and make sure they provide sufficient care for the disabled, Decker notes that many corrections officers refuse to let the organization into their facilities.

“We show up, and most officers say ‘Who are you? No, you cannot come in.' – and then we have to exhaust time and resources trying to get into these facilities. But in reality, we have clearance – and we get in, eventually. We're in a unique position to see these individuals and help them,” Decker says.

By entering these facilities, the NDRN gains insight into the work that needs to be done to accommodate disabled inmates – and how they can help those inmates. Decker said that many states have facilities with outdated, inadequate buildings that do not allow the disabled equal access to cells, rehabilitation programs, or even exercise sessions.

The Struggle for Accommodation

While the NDRN tries to avoid immediately going to court over these issues, it often becomes a necessary last resort.

“When we go into a correctional facility, usually after an inmate has written to us, we try a number of things before we take legal action,” Decker says. “Obviously, our organization does not have the money to take every case to court – so we try negotiating, counseling, and we will even try to settle an agreement before we start any kind of litigation. Once we reach an agreement with a facility out of court, however, we do go back and make sure they have changed their standards to accommodate these inmates.”

If these methods do not work, the NDRN begins litigation, citing that the facilities are required under the ADA – and the law - to accommodate disabled inmates. Decker says that the organization sees many inmates suffering through “abominable” situations, especially prisoners that suffer from mental disabilities.

“It's a struggle to get prison officials to focus on this issue,” Decker says.
“The standard response is ‘We have a lack of funding'. Our response to that is ‘That's not our problem. The laws are clear, and the law requires this.”

The NDRN also admits that although there is always a gap between statute requirements and the money that lawmakers allot for corrections facilities, officials need to recognize the growing number of inmates with disabilities.

Common Cases of Neglect

In one case of inmate neglect – Goodman vs. Georgia, a case that will be heard by the Supreme Court in November – a disabled prisoner in a Georgia prison claimed he was left in his cell for 23 hours a day and was forced to sit in his own feces for hours on end because the prison facility and officers offered inadequate care.

Decker believes the ADA clearly applies to prisons, and believes that corrections facilities should not be able to get out of their obligation to serve disabled offenders.

“I'm not sure of what the outcome of Goodman vs. Georgia will be. I feel that the ADA argument is strong, but with new faces on the court, it's hard to tell,” Decker says. “Personally, I know the ADA covers all of these amenities, but I would never venture a guess at a Supreme Court ruling.”

Understanding that the ADA does apply to prisons, Decker wishes more corrections agencies paid attention to the law and understood the mission of the NDRN.

Cases like these are fairly common for the NDRN – and Decker says that although the organization gets many requests for help, their limited resources force the group to remain selective about the inmate cases that they take on.

“Right now, I would say, roughly, about 4% of our cases are inmate-related. Unfortunately, that's not because of how many inmates complain, but because of our funding and resource issues. We do not have the money to fight for every inmate in every facility – I wish we could but it's just not feasible.”

While 4% might seem like a small percentage, the organization says that inmate disability rights are issues that could take up all of its time.

Prisons and Adequate Care

Some corrections officers wonder what they can do to avoid an investigation by the NDRN and how they can make sure that they meet ADA guidelines for prisoners.

“They should be aware that we exist and that we have a right to come in,” Decker says. “They should always be prepared for the possibility that we will show up and investigate how they treat disabled inmates. When you think about it, is it really too much to ask that your facility complies with government regulations?”

Decker says that some corrections officials often become irate once legal action has been taken against their facility. However, since NDRN is a non-profit organization, the organization does not really benefit from any of the cases they file.

“I always want to tell officials – when we sue a correctional facility, we don't get any money. In fact, the prisons get more money because once a ruling says a facility must comply, they get more funding. The only benefits this organization sees are equal rights for the disabled.”

For Decker, it seems obvious that disabled inmates deserve equal treatment and access to facilities and programs – but it is also obvious that the battle for equal treatment is ongoing.

“It's a tough position to be in – we want to help everyone,” Decker says. “Our organization is fighting for disability rights in America – and that certainly extends into prison facilities.”