Trivette v. Tennessee Department of Correction

This lawsuit filed in March 2020 on behalf of a group of people with hearing disabilities who are incarcerated in Tennessee Department of Correction (TDOC) facilities challenges TDOC’s failure to provide effective communication to people who are deaf and hard of hearing and enable them to access the same programs and services as non-disabled people.

Plaintiffs Kevin Trivette, Jason Collins, Alex White, Thomas White, and Lakeevious Owens are all deaf and primarily use American Sign Language (“ASL”) to communicate. TDOC repeatedly failed to provide plaintiffs ASL interpreters, videophones, and captioning, for things like medical appointments, jobs and required programs, religious services, and parole hearings, in violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Plaintiffs are represented by Disability Rights Advocates, Disability Rights Tennessee, Disability Law United, and Fox & Robertson. 

In July 2024, a federal judge in the Middle District of Tennessee granted partial summary judgment, finding that TDOC violated federal law by failing to provide sign language interpreters in connection with prison programming, medical appointments, religious services, and legal processes such as discipline or parole, and by failing to provide videophones to deaf prisoners.

In January 2025, DRA and partners reached a landmark settlement with TDOC that will provide for videophones, sign language interpreters, and other necessary accommodations for deaf people incarcerated in TDOC facilities. Read the settlement agreement.

In the settlement, TDOC commits to provide appropriate auxiliary aids and services and reasonable accommodations so that deaf prisoners have an equal opportunity to participate in and benefit from TDOC services, programs, and activities.  Specifically, TDOC will provide sign language interpreters for crucial interactions such as intake and orientation, medical and mental health appointments, educational and vocational programming, religious services, and discipline and parole-related proceedings. TDOC will also provide videophones – the telecommunications technology required by people who communicate in sign language – at every facility housing a deaf prisoner as well as TDOC’s intake facilities.

To ensure that deaf prisoners are identified and provided with the auxiliary aids and services they need, TDOC will screen all incoming prisoners as well as older prisoners and those who request a screening. For prisoners who are deaf, TDOC will then conduct an individualized accommodation needs assessment to determine the technology and services necessary to ensure effective communication and access to services.