Advocacy group sues Denver over treatment of deaf inmates

Tillie Fong, Rocky Mountain News

Published October 19, 2007 at midnight

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An advocacy group for the disabled has sued Denver and several officials, claiming that they violated the Americans with Disabilities Act and the civil rights of two deaf men who allegedly were discriminated against while being held in Denver jails.

"I think we often overlook what happens to people who are incarcerated," said Carrie Ann Lucas, attorney for the Colorado Cross Disability Coalition. "Any of us can be detained for any reason, sometimes by mistake, and you should have the same rights as other detainees do. You should not be subject to discrimination because you happen to have a disability."

The lawsuit was filed on behalf of Debbie Ulibarri, the estate of Shawn Vigil, Roger Krebs, the Colorado Association of the Deaf and the Colorado Cross Disability Coalition.

Al LaCabe, Denver's manager of safety, director of corrections William Lovingier, division chief for the Denver county jail Ron D. Foos, and division chief for the Denver city jail Gary Wilson were named as defendants.

The complaint asks for changes in how disabled suspects are treated while in custody in Denver, as well as monetary damages.

"The primary goal is the policy changes so that this does not happen to anybody else," Lucas said.

LaCabe said Thursday night that he had not seen the lawsuit and could not comment.

According to Lucas, Vigil, 23, of Aurora, a deaf man, was arrested Aug. 28, 2005, on sexual assault charges.

On Sept. 27, 2005, while Vigil was being held in the Denver County Jail awaiting trial, he tried to commit suicide by hanging himself. Another inmate found him and alerted the guards.

Vigil was resuscitated and taken to Denver Health Medical Center. On Oct. 1, 2005, he died after being taken off life support.While he was being held at the jail, Vigil was put in isolation and was not allowed to have a sign-language interpreter help him communicate with guards or medical personnel.

Krebs, 55, of Colorado Springs, was traveling to Salt Lake City by bus March 29 when he was arrested after getting into a fight with a security guard at the Greyhound bus station in Denver. Krebs, who is also deaf, was injured during the fight and was treated at Denver Health Medical Center, where he was provided a sign-language interpreter.

But when he was taken to the Denver city jail, the interpreter was not allowed to accompany him. Krebs was charged with assault, trespassing and disturbing the peace.

"He ended up pleading guilty because he couldn't get an interpreter," Lucas said.

"If he wanted an interpreter, he had to stay in jail for three days. He was traveling to Salt Lake City to meet up with his family, and he wanted to get out of jail."

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