In July, we received an excellent ruling from the court on cross-motions for summary judgment in Trivette v. Tennessee Department of Correction.
While two of our plaintiffs were dismissed out of the case for failure to exhaust administrative remedies, we scored a major victory when the court granted summary judgment in favor of Disability Rights Tennessee with respect to (1) TDOC’s failure to provide interpreters for prison programming, medical encounters, religious services, and formal processes involving parole, discipline, or grievances; and (2) TDOC’s failure to provide videophones. The court also held that DRT – Tennessee’s Protection and Advocacy System – had standing to challenge prison policies that have harmed identified constituents, and that it did not have to exhaust administrative remedies under the Prison Litigation Reform Act before filing suit.
In her opinion, Judge Aleta A. Trauger stated:
The plaintiffs have identified hundreds of high-stakes interactions in which interpreters were not provided, many of which involved situations—such as receiving medical care—in which effective communication is an inherently vital component.
…
While there may be room for disputing whether certain specific listed encounters fall within the scope of TDOC’s violations, there is no longer any basis for disputing that such violations generally existed and were manifestations of a continuous, ongoing policy or practice.
Opinion at 63-64. You can read our team’s press release or watch some local news coverage including an interview with co-counsel Stacie Price, DRT’s Legal Director.
Onward to trial in January 2025!