LOCAL

ACLU suit accuses state prison of violating blind inmate's rights

Couldn't participate in literacy program

Ted Booker
South Bend Tribune

SOUTH BEND — A blind inmate was discriminated against when a state prison refused to allow him to participate in a literacy program to get his sentence reduced, according to a lawsuit filed by the American Civil Liberties Union of Indiana.

The civil lawsuit against the Indiana Department of Correction was filed on Jan. 31 in U.S. District Court of the Southern District of Indiana. ACLU of Indiana filed the lawsuit on behalf of Jorge Romero-Ruvalcava, 40, of South Bend.

A complaint for the lawsuit states that Romero-Ruvalcava, who is completely blind, was an inmate at the New Castle Correctional Facility from October 2015 to October 2017. He served the sentence after being convicted of a felony for sexual misconduct with a minor.

The complaint states that his sentence could have been reduced if the privately run prison, which houses state inmates under a contract with the Department of Correction, had allowed him to participate in the literacy program.

The federal Rehabilitation Act was violated, the complaint states, when tools for the blind weren't provided to allow Romero-Ruvalcava to complete the program to earn a GED certificate; as a result, he missed the chance to have his sentence reduced by up to six months.

The complaint states Romero-Ruvalcava passed preliminary tests required to enroll in the literacy program in fall 2016, but he was later informed that he couldn't participate because "there were no tools provided to educate blind persons and his disability would not be accommodated."

Romero-Ruvalcava's request for a sighted prisoner to assist him for the program was denied, the complaint states. It concludes that the failure to provide a "reasonable accommodation" for him to participate in the program "represents intentional discrimination and has caused him damages for which the DOC is liable."

The lawsuit requests the court to declare that the Department of Correction violated the Rehabilitation Act and to award civil damages to Romero-Ruvalcava, but it doesn't specify an amount.

Ken Falk, legal director of the ACLU of Indiana, didn't respond to a call or email on Wednesday seeking comment.

Melissa Gustafson, a spokeswoman for the state attorney general's office, said in an email that the office is "aware of the lawsuit and is reviewing the matter in consultation with the Indiana Department of Correction."

tbooker@sbtinfo.com

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A blind inmate was discriminated against when a state prison refused to allow him to participate in a literacy program to get his sentence reduced, according to a lawsuit filed by the American Civil Liberties Union of Indiana.