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A group of Oregon inmates says the state charged them for necessary medical devices, such as prosthetics, in violation of the Americans with Disabilities Act (ADA).
Lead plaintiff, Donald Terrill, claims in the class action lawsuit filed Tuesday in Oregon federal court that he is being forced to pay more than $25,000 for his prosthetic leg after his limb was amputated eight years ago. He is seeking to represent other inmates in Oregon who have been forced by the state’s Department of Corrections to pay for medical devices they need.
Terrill says that under current policy, his prosthesis is considered “elective,” despite the fact that he needs it to get around the Snake River correctional facility where he resides. Despite needing his prosthesis to access the facility, he has been forced to pay back over $10,000 through state garnishments on his wages.
Terrill says he makes only $45 a month while working in prison and can barely afford to buy basics, such as toothpaste or even shoes. He says he still owes more than $14,000 for his prosthesis.
The class action lawsuit claims that the Oregon Department of Corrections policy of forcing inmates to pay for medical items they need to accommodate a disability violates the ADA. Allegedly, current policy requires inmates to either pre-pay for such medical devices or take on significant debt. There are no waivers available to those who cannot pay, says the lawsuit.
Terrill says that he would not be able to access to programs, activities, and services at the correctional facility without the prosthesis. He alleges that the current policy of garnishing his wages leaves him unable to afford necessities.
“People who are incarcerated must use their own funds in order to procure necessary and non-necessary items,” explains the complaint. “Examples of items that people who are incarcerated can procure from the prison commissary are toothpaste, soap, shampoo, athletic shoes, underwear, TVs, music players, art supplies, books, magazines, snacks, coffee, envelopes, paper, postage, and other health and/or comfort items.”
The class action points out that, on average, an Oregon inmate will pay approximately $20 a week on these items; however, the garnishments that the state Department of Corrections takes for debts related to medical items leaves Terrill and other disabled inmates with little to spend on items most would deem necessary.
Inmates make less than minimum wage and family members and friends are barred from helping out as well, contends the class action lawsuit. Under current policies, any money in excess of a certain amount in an inmate’s account will be taken by the Department.
The department reportedly acknowledges the practice.
“Typically, [adults in custody (AIC)] are not required to have all of the funds at the time of purchase, they are allowed to buy and pay back the [Department of Corrections (DOC)] over time,” a spokesperson for the department said in a statement reported by Oregon Public Broadcasting. “When AICs are released from custody, these items leave with the AIC because the equipment is not Department of Corrections property, but personal property. Other medical items, like canes, are supplied by DOC and can be returned and used by another AIC.”
Terrill is seeking to put a stop to the practice of forcing disabled inmates to pay for necessary medical devices while incarcerated. The class action lawsuit asks for a court order stopping the Oregon Department of Corrections from the practices, along with a return of all of the money inmates have paid toward their medical devices.
Do you think disabled inmates should have to pay for their needed medical devices? Tell us in the comment section below!
The lead plaintiff is represented by Lynn S. Walsh and Thomas Zito, Shira Tevah, and Torie Atkinson of Disability Rights Advocates.
The Disabled Inmates ADA Class Action Lawsuit is Terrill v. State of Oregon, et al., Case No. 6:21-cv-00588-AA in the U.S. District Court for the District of Oregon, Eugene Division.
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One thought on ADA Class Action Lawsuit Accuses Oregon of Charging Disabled Inmates for Needed Medical Devices
My brother has been in incarcerated in the Oregon DOC since 2007. His release date isn’t until 2030. My brother suffers from sleep apnea & requires a c-pap machine at night while sleeping or the oxygen levels in his blood drop dangerously low & he has to be admitted to the infirmary.
I put $900.00 on his commissary last month & the Oregon DOC took every penny of it for medical expenses. I’m assuming it was for the c-pap machine he needs to be able to keep breathing while sleeping, otherwise he will die in his sleep.
HOW CAN THEY CHARGE SOMEONE FOR SOMETHING THEY NEED TO STAY ALIVE??