National Association of the Deaf

Mr. Ronald Chisolm was detained at the Mercer County Detention Center in Trenton, New Jersey beginning on September 10, 1994, as a result of an open bench warrant that had been issued without his knowledge years earlier in another state. (The warrant was subsequently quashed when it was learned that it had been issued erroneously.) Although Chisolm is Deaf and communicates in American Sign Language, he was allegedly denied interpreter services throughout his detention and in his interactions with the Mercer County Court.

As a result of ineffective communication, Chisolm was improperly classified as an unemployed vagrant resulting in an increased security rating at the detention center. In fact, Chisolm had been employed by the same company for13 years and had lived at the same address for three years. Chisolm alleged in his complaint that without an interpreter, he was unable to understand the charges against him, the reason for his arrest, or the length of his detention. Mr. Chisolm further alleged that although required by law, Mercer County Detention Center did not have a telecommunications device for the deaf. Therefore, Mr. Chisolm was unable to call family, friends or his lawyer to find out why he was being detained or to obtain
his release.

Days after being detained on incorrect intake information, Mr. Chisolm was brought before the Honorable Judge Thomas DeMartin at the Mercer County Court. Despite a New Jersey law that prohibits incarceration of a deaf person pending the arrival of an interpreter, Mr. Chisolm was remanded back to Mercer County Detention Center for an additional six days pending the arrival of an interpreter. Mr. Chisolm ultimately gained his release only when a friend contacted attorney Clara Smit who intervened on his behalf.

Mr. Chisolm, who communicates using American Sign Language, filed suit against the Mercer County Court and Patrick McManimon, the Director of the Mercer County Detention Center for discrimination based on disability pursuant to the Americans with Disabilities Act, the Rehabilitation Act, and the New Jersey Law Against Discrimination in the United States District Court for the District of New Jersey in 1995. The District Court dismissed his case and Mr. Chisolm appealed.

In an important victory for Mr. Chisolm, the U.S. Court of Appeals for the Third Circuit has reversed and remanded the case to the U.S. District Court reviving Mr. Chisolms claims of discrimination and allowing him to continue on to trial against the Mercer County Detention Center and the Mercer County Court. The Court of Appeals held that Mr. Chisolm had presented sufficient factual evidence of discrimination to proceed to trial against both defendants. The decision underscores the importance of providing interpreter services for effective communication.