A federal judge has certified a class of current and future prisoners with mobility disabilities in a lawsuit alleging that Five Points Correctional Facility in Romulus denies wheelchairs, canes and other accommodations needed to access prison programs and services.
Judge Vacca of the federal District Court for the Western District of New York granted the plaintiffs' class-certification motion Aug. 24 in the case against the New York State Department of Corrections and Community Supervision, according to the organizations representing the plaintiffs.
Disability Rights Advocates and Prisoners' Legal Services of New York filed the case in 2021 on behalf of five individual plaintiffs. Their lawsuit alleges that facility-wide policies and practices at the Romulus prison prevent people with mobility disabilities from safely moving through Five Points and accessing the same activities, programs and services available to people without disabilities.
Five Points typically houses more than 100 people who are elderly or have disabilities affecting their mobility, the legal organizations said. The certified class covers all people with mobility disabilities who are now incarcerated at Five Points or will be held there in the future.
The court found that the plaintiffs adequately alleged questions common to the class, including whether facility-wide policies and practices discriminate against people with mobility disabilities. The decision specifically cited allegations involving a lack of continuity for accommodations when people arrive at Five Points, restricted wheelchair access through a shared wheelchair bank and deficiencies in the prison's Inmate Mobility Assistant program.
Class certification allows the case to proceed on behalf of the broader group rather than only the five named plaintiffs. The plaintiffs are seeking an injunction that would require the Department of Corrections and Community Supervision to change its practices and ensure class members receive the mobility accommodations they need.
Hallie Mitnick, a senior staff attorney at Prisoners' Legal Services of New York, said the decision moves the plaintiffs closer to seeking a systemwide remedy for problems affecting people with disabilities at the prison.
Eliana Fisher, a Wolinsky Fellowship attorney at Disability Rights Advocates, said the organizations will continue pursuing access to everyday programs and services for people with mobility disabilities who are or will be incarcerated at Five Points.
Named plaintiff Robert Cardew said he hopes the case helps end hardships experienced by incarcerated people with disabilities.
The order does not itself provide the requested policy changes. It permits the plaintiffs to continue pursuing the claims and requested injunctive relief for the certified class.
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