UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND NORTHERN DIVISION

UNITED STATES OF AMERICA,

)

950 Pennsylvania Avenue, N.W.

)

Washington, D.C. 20530

)

)

)

Plaintiff,

)

)

v.

)

)

YOUTH SERVICES INTERNATIONAL, INC., )

1819 Main Street, Suite 1000

)

Sarasota, Florida 34236

)

County of Residence: Frederick

)

)

)

Defendant.

)

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No. ________________ JURY TRIAL DEMANDED

COMPLAINT

For its Complaint against Youth Services International, Inc. ("YSI") the United States of

America ("United States") alleges as follows:

Jurisdiction and Venue

1. The Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345 and

42 U.S.c. § 12188(b)(l)(B). The Court may grant the relief sought in this action

pursuant to 42 U.S.c. § 12188(b)(2) and 28 U.S.C. §§ 2201-2202.

2. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because a substantial part of

the acts and omissions giving rise to this action occurred in the State of Maryland.

Nature of Action 3. This is an action by the Attorney General of the United States resolving allegations of
discrimination under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131 et seq., and the Department of Justice's implementing regulation, 28 C.F.R. pt. 36. The parties agreed to a settlement agreement in March 2004 intended to ensure that individuals who are deaf or hard of hearing have access to appropriate auxiliary aids and services as necessary for effective communication in the programs and services offered by the Defendant in the juvenile justice facilities that the Defendant owns and/or operates. The Defendant failed to comply fully with the terms of the March 2004 Settlement Agreement, and efforts to obtain full compliance with the Settlement Agreement and Title III of the ADA without resort to litigation have failed. Therefore, the United States asks this Court to require the Defendant to comply with Title III of the ADA and the implementing regulation. 4. The Department of Justice received a timely complaint filed by a deaf individual (the "Complainant") alleging that he had been discriminated against on the basis of his disability by the Defendant in violation of Title III ofthe ADA. Pursuant to Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the Department of Justice's implementing regulation, 28 C.F.R. pt. 36, the Department of Justice investigated the complaint, determined that the allegations of discrimination on the basis of disability were true, and notified the Defendant of this determination.
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5. Following protracted negotiations, the Department of Justice and the Defendant agreed to the terms of a Settlement Agreement resolving the allegations of discrimination. The Settlement Agreement became effective on March 29,2004.
6. The United States has complied fully with the terms of the March 2004 Settlement Agreement. In contrast, the Defendant has failed to comply fully with the terms of the March 2004 Settlement Agreement.
7. The allegations of discrimination set forth in this Complaint constitute a pattern or practice of discrimination under Title III, 42 U.S.c. § 12188(b)(1)(B)(i) and 28 C.F.R. § 36.S03(a).
8. Defendant's discrimination against persons who are deaf or hard of hearing on the basis of disability raises an issue of general public importance, see 42 U.S.C. § 12188(b)(1)(B)(ii) and 28 C.F.R. § 36.503(b).
9. All conditions precedent to the filing of this suit have been performed or have occurred.
10. This Complaint seeks declaratory and injunctive relief, compensatory damages, and civil penalties against Defendant. Parties
11. The Attorney General of the United States is the federal official charged by statute with enforcement of Title III of the ADA. See 42 U.S.C. § 12188(b).
12. YSI is a Maryland corporation with its principal place of business in Sarasota, Florida. YSI operates approximately 17 juvenile justice facilities in the United States. YSI
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provides educational and social services to residents of these facilities. One such facility was the Victor Cullen Center in Sabillasville, Maryland, which YSI operated from 1997 to 2002 pursuant to a contract with the Maryland Department of Juvenile Services. 13. Pursuant to 42 U.S.C. § 12181(7) and 28 C.F.R. § 36.104, the juvenile justice facilities operated by YSI are places of public accommodation. YSI is a private entity within the meaning of section 301 of the ADA, 42 U.S.C. § 12181, and thus is subject to the requirements of Title III of the ADA, 42 U.S.C. §§ 12181-12189. 14. At the time this claim arose and until November 2005, YSI was a wholly-owned subsidiary of Correctional Services Corporation, a Delaware corporation with its principal place of business in Sarasota, Florida. In November 2005, CSC was acquired by the GEO Group; YSI and the youth services programs operated by CSC were divested and sold back to the former CEO of CSC.
General Alle2ations 15. The Complainant is deaf and therefore is an individual with a disability as defined in the
ADA, 42 U.S.C. § 12102(2); 28 C.F.R. § 36.104. 16. The Complainant uses American Sign Language (ASL) for in-person communications.
He does not communicate effectively by lipreading. 17. The Complainant was a resident at the Victor Cullen Center ("Victor Cullen") in
Sabillasville, Maryland, from September 24, 1999, through October 27,2000. 18. During his stay at Victor Cullen, the Complainant was required to participate in a variety
of educational, rehabilitative, and recreational programs without the benefit of
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appropriate auxiliary aids and services, including sign language interpreters. 19. The Defendant's failure to provide the Complainant with appropriate auxiliary aids and
services, including sign language interpreters, while he was detained at Victor Cullen greatly reduced or eliminated his benefit from the programs offered at Victor Cullen and caused him to suffer emotional harm. 20. After his release from Victor Cullen, the Complainant was required to participate in an aftercare program as a condition of his release. 21. The Complainant attended only three of the six scheduled meetings that were part of the aftercare program, in part because no appropriate auxiliary aids and services, including sign language interpreters, were provided during that program. 22. The Defendant's failure to provide the Complainant with appropriate auxiliary aids and services, including sign language interpreters, during the aftercare program greatly reduced or eliminated his benefit from this program. 23. Based on what happened to the Complainant and a review ofthe Defendant's policies and practices, the United States made a finding that the Defendant had engaged in a pattern and practice of discrimination, in violation of Title III of the ADA. 24. Upon information and belief, other individuals in addition to the Complainant have been discriminated against on the basis of disability by the Defendant because, among other things, they did not provide those individuals with appropriate auxiliary aids and services where necessary for effective communication while participating in the Defendant's programs or receiving the Defendant's services.
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Settlement A&reement 25. The March 2004 Settlement Agreement includes equitable provisions requiring the
Defendant to implement practices and policies designed to remedy the violations found prior to that date and to ensure compliance with Title III of the ADA; it includes a provision for the payment of money damages to the Complainant; and it requires the Defendant to make a monetary payment to the United States. 26. In exchange for the Defendant's promise to comply with terms of the March 2004 Settlement Agreement, the United States agreed that the Settlement Agreement would constitute a full, complete, and final disposition of its investigation of the Complainant's complaint. See Settlement Agreement 'lfll. 27. The Defendant has paid money damages to the Complainant and made a monetary payment to the United States in compliance with the monetary provisions of the March 2004 Settlement Agreement. 28. The equitable provisions of the March 2004 Settlement Agreement require the Defendant, among other things, to ensure that appropriate auxiliary aids and services are made available to all juveniles participating in the Defendant's programs and services who are deaf or hard of hearing where such aids and services are necessary for effective communication; to evaluate juveniles within 24 hours of admission to one of Defendant's facilities to determine what, if any, auxiliary aids or services are necessary; to ensure that qualified sign language interpreters or qualified oral interpreters are provided for juveniles whose primary means of communication is sign language or lip reading,
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respectively; to maintain at least one qualified sign language interpreter and one qualified oral interpreter on call during those times when no such interpreter is on the Defendant's premises; to establish procedures for acquiring interpretation services; to ensure that at least one telecommunications device for the deaf (TTY or TDD) is available for use by a deaf or hard of hearing juvenile; to ensure that visual alarms are provided for a juvenile who is deaf or hard of hearing; and to develop and implement a staff training curriculum encompassing the policies and practices described in the March 2004 Settlement Agreement. 29. Pursuant to paragraph 17.1 of the March 2004 Settlement Agreement, the Defendant was required to provide the Department of Justice with periodic reports detailing efforts to comply with the equitable terms of the Settlement Agreement. The first such report was due on June 29, 2004. The second such report was due on December 29,2004. The third such report was due on June 29, 2005. 30. The Defendant failed to provide any and all of the reports in a timely manner. It was not until August 8, 2005, after numerous requests by the United States, that the Defendant provided a report. The report indicated widespread lack of compliance with the March 2004 Settlement Agreement from March 2004 until August 2005. 31. Pursuant to paragraph 17.3 of the March 2004 Settlement Agreement, if the United States believes that the Defendant is not in compliance with the Settlement Agreement or any requirement contained therein, the United States agrees to notify the Defendant in writing of the alleged noncompliance and attempt to seek a resolution of the matter with the
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Defendant. 32. Pursuant to paragraph 17.3 of the March 2004 Settlement Agreement, if the United States
and the Defendant are unable to reach a resolution within sixty (60) days of the United States' written notification, the United States may bring an action to enforce the ADA in any United States District Court where jurisdiction and venue are proper. 33. On August 9,2004, July 13,2005, and August 19,2005, the United States provided written notification as required by paragraph 17.3 of the March 2004 Settlement Agreement that it believed YSI was not in compliance with the March 2004 Settlement Agreement. 34. From August 29 through September 2,2005, the Department conducted compliance reviews of six YSI facilities: Reflections Treatment Agency, Tennessee; Okaloosa County Juvenile Residential Facility, Florida; Thompson Academy, Florida; Forest Ridge Youth Services, Iowa; Elmore Academy, Minnesota; and Chamberlain Academy, South Dakota. 35. The Department's compliance reviews confirmed that the Defendant was failing to comply with the terms of the March 2004 Settlement Agreement. Among the many violations the Department noted were the following: Defendant's failure to ensure that appropriate auxiliary aids and services were made available to all YSI residents in a timely manner and in all programs and activities; Defendant's failure to provide information and request forms to youth who are hard of hearing so that they could request appropriate auxiliary aids and services; Defendant's failure to ensure that accessible
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phones are present in each facility, that at least one TTY device was available for use during the time youths who are hard of hearing were residing in a facility operated by the Defendant, and that consideration was given for additional phone time to appropriate residents; and Defendant's failure to ensure the presence of appropriate visual alarms for residents who are deaf or hard of hearing. 36. Based on the Department's compliance reviews and other information provided by the Defendant, the United States believes that the Defendant has not complied with the equitable provisions set forth in the March 2004 Settlement Agreement. 37. For these same reasons, the United States has reason to believe that the pattern or practice of discrimination that it found during the investigation of the complainant's allegations persists. 38. Therefore, consistent with paragraph 17.3 of the March 2004 Settlement Agreement, the United States is bringing this action to enforce the Defendant's full compliance with Title III of the ADA and the implementing regulation.
COUNT I
Violations of Title III of the ADA 39. The allegations of Paragraphs 1 through 38 of the Complaint are hereby re-alleged and
incorporated by reference as if fully stated herein. 40. In failing to provide the Complainant and other individuals who are deaf or hard of
hearing with appropriate auxiliary aids and services, including sign language interpreters, YSI discriminated on the basis of disability in violation of Title III of the ADA, 42
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u.S.C. §§ 12181-12189, and the Department of Justice's implementing regulation, 28 C.F.R. pt. 36, by: A. Discriminating on the basis of disability in the full and equal enjoyment ofthe
goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, in violation of42 U.S.C. § 12182(a) and 28 C.F.R. § 36.201(a); B. Subjecting individuals on the basis of a disability to a denial of the equal opportunity to participate in or equal benefit from the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation, in violation of 42 U.S.C. § 12182(b)(1)(A)(i) and 28 C.F.R. § 36.202(a); C. Affording individuals on the basis of a disability with an opportunity to participate in or benefit from goods, services, facilities, privileges, advantages or accommodations in a manner that is not equal to that afforded to others, in violation of 42 U.S.C. § 12182(b)(1)(A)(ii) and 28 C.F.R. § 36.202(b); D. Failing to make reasonable modifications in policies, practices, or procedures when necessary to afford services to individuals with disabilities, in violation of 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302(a); E. Failing to take such steps as were necessary to ensure that individuals with disabilities are not excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, in violation of 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R.
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§ 36.303(a); and, F. Failing to remove architectural barriers in YSI facilities, including
communication barriers that are structural in nature, where such removal is readily achievable in violation of 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304(a). 41. YSI's policies, practices, and procedures alleged herein constitute a pattern or practice of discrimination in violation of Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the Department of Justice's implementing regulation, 28 C.F.R. pt. 36. 42. The discrimination alleged in this count raise an issue of general public importance pursuant to 42 U.S.C. § 12188(b)(1)(B) and 28 C.F.R. § 36.503. 43. Pursuant to paragraph 17.3 of the March 2004 Settlement Agreement, the Defendant's violations of the terms of the Settlement Agreement shall be treated as violations of Title III of the ADA.
PRAYER FOR RELIEF WHEREFORE, the United States prays that the Court: A. Declare that the discriminatory practices, policies, and/or procedures ofYSI, as set forth
above, violate Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 1218112189, and the Department of Justice's implementing regulation, 28 C.F.R. part 36; B. Enjoin the Defendant, its officers, agents, and employees, and all other persons in active concert or participation with any of them, from discriminating on the basis of disability against any individual receiving goods or services from, or participating in programs
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provided by the Defendant; C. Award monetary damages to any persons other than the Complainant who have been
harmed by the Defendant's patterns or practices of discrimination, to compensate them for injuries resulting from such discrimination, including damages for pain and suffering; and D. Order such other appropriate relief as the interests ofjustice may require.
JURY DEMAND The United States requests a jury trial.
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Respectfully submitted,
ALBERTO R. GONZALES Attorney General of the United States •

ROD J. ROSENSTEIN

Assistant Atto ey General

United States Attorney

Civil Rights Division

JAMIE M. BENNETT

Assistant United States Attorney

District of Maryland

L. WODATCH, Chief

36 South Charles Street

NE BOWEN, Deputy Chief

Fourth Floor

IP L. BREEN, Special Legal Counsel

Baltimore, MD 21201

Disability Rights Section

Telephone: (410) 209-4800

Civil Rights Division
ELIZ*~ --

Fax: (410) 962-2310

JANINE SC T

Trial Attorneys

Disability Rights Section

Civil Rights Division

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

Telephone: (202) 307-3543 or (202) 305-8710

E-mail: elizabeth.johnson@usdoj.gov or janine.scott@usdoj.gov

Fax: (202) 307-1197

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 Case 1:06-cv-01760-BEL Document 3-5 Filed 07/11/2006 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND NORTHERN DIVISION

UNITED STATES OF AMERICA,

)

)

)

Plaintiff,

)

)

v.

)

)

YOUTH SERVICES INTERNATIONAL, INC., )

)

)

)

Defendant.

)

--------------------------------~)

.t __---OEPUTY
No. L-06-1760

PROPOSED ORDER

Having considered the Joint Motion for Conditional Dismissal ofthe Complaint and for

good cause shown, the Motion is GRANTED.

IT IS HEREBY ORDERED that the complaint upon the passage of three and one half

years from the date of its filing shall be dismissed; the case is hereby placed on the Court's

inactive docket; and the Court shall retain jurisdiction over the case until three and one half years

2 have passed.

PTlI- -

Of~' DATED this _ day

2006.

The Court DIRECTS the Clerk to ADMINISTRATIVELY CLOSE the case. If neither party moves to re-open the case within three and one half years from the date of its filing, the Court will DEEM the case DISMISSED .

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 District of Maryland (CM/ECF Live 3.0) - Docket Report

https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?965604445496149-L_3...

U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:06-cv-01760-BEL

CLOSED

USA v. Youth Services International, Inc. Assigned to: Chief Judge Benson Everett Legg Cause: 28:1345 USA Plaintiff
Plaintiff United States of America

Date Filed: 07/11/2006 Date Terminated: 07/31/2006 Jury Demand: Plaintiff Nature of Suit: 446 Civil Rights: Americans with Disabilities - Other Jurisdiction: U.S. Government Plaintiff
represented by Jamie M Bennett Office of the United States Attorney 36 S Charles St Fourth Fl Baltimore, MD 21201 14102094838 Fax: 14109629947 Email: jamie.bennett@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth Johnson United States Department of Justice Civil Rights Division Disability Rights Section 950 Pennsylvania Ave NW Washington, DC 20530 12023073543 Fax: 12023059775 Email: elizabeth.johnson@usdoj.gov ATTORNEY TO BE NOTICED

Rod J Rosenstein Office of the United States Attorney Do Not Mail Baltimore, MD 21201 14102094800 Email: Rod.Rosenstein@usdoj.gov

Tarra DeShields Minnis Office of the United States Attorney 36 S Charles St Fourth Fl Baltimore, MD 21201 14102094800 Fax: 14109629947

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V. Defendant Youth Services International, Inc.

Email: Tarra.DeShields@USDOJ.gov ATTORNEY TO BE NOTICED

Date Filed 07/10/2006
07/11/2006 07/11/2006 07/11/2006
07/11/2006 07/28/2006 08/18/2006 08/18/2006 08/18/2006

#

Docket Text

2 (FILED IN ERROR)Registration of FOREIGN JUDGMENT, entered in the United States District Court for the District of New Jersey in favor of the Plaintiff American Trans-Freight, LLC and against the defendant, Engineered Framing Systems, et al in the amount of $94,075.00 plus post-judgment interest to accrue as therein set forth. (FILING FEE $39.00 RECEIPT # 00000000000). (ljs, Deputy Clerk) Modified on 7/12/2006 (ljs, Deputy Clerk). (Entered: 07/12/2006)
1 COMPLAINT against Youth Services International, Inc. , filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 07/12/2006)
Jury Trial Demand by United States of America. (raf, Deputy Clerk) (Entered: 07/12/2006)
3 JOINT MOTION FOR CONDITIONAL DISMISSAL OF THE COMPLAINT by United States of America. (Attachments: # 1 Exhibit A# 2 Attachment A# 3 Attachment B# 4 Text of Proposed Order)(raf, Deputy Clerk) (Entered: 07/12/2006)
4 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS by United States of America (Attachments: # 1 Waiver of Service of Summons)(raf, Deputy Clerk) (Entered: 07/12/2006)
5 ORDER granting 3 Joint Motion to Dismiss; ORDER ADMINISTRATIVELY CLOSING the case. Signed by Judge Benson Everett Legg on 7/28/06. (eg, Deputy Clerk) (Entered: 07/31/2006)
6 REQUEST FOR ENTRY of Appearance by Elizabeth Johnson on behalf of United States of America (eg, Deputy Clerk) (Entered: 08/18/2006)
7 WAIVER OF SERVICE Returned Executed by United States of America. Youth Services International, Inc. waiver sent on 7/24/2006, answer due 9/22/2006. (eg, Deputy Clerk) (Entered: 08/18/2006)
8 Correspondence from Clerk re: "ECF" warning letter to Counsel. (eg, Deputy Clerk) (Entered: 08/18/2006)

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