State: District of Columbia
Court: U.S. District Court for the District of Columbia
Plaintiffs: Mr. Seth
Defendants: District of Columbia, District of Columbia Department on Disability Services
Counsel: The Arc, Brown Goldstein & Levy, Robert Dinerstein, Skadden Arps
Overview: This lawsuit challenges the indefinite incarceration of Mr. Seth, a young man with intellectual disability languishing in federal prison despite not having been convicted of a crime in violation of his right under state and federal law to receive services and treatment in the most integrated setting appropriate to his needs. Mr. Seth, after having been found by the court to be incompetent to stand trial, has been held in federal prison rather than a community-based program in D.C., where he is from and where his family and support system reside. Despite the fact that the District’s Department on Disability Services’ experts concluded that Mr. Seth could be safely served in the community, the District has refused to provide such services to Mr. Seth in violation of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the D.C. Human Rights Act. Because of the District’s inaction, Mr. Seth has been left to languish in federal prison for years, frequently placed in solitary confinement.
Status: The district court dismissed the case with prejudice. Mr. Seth’s appeal with the D.C. Circuit is pending.
Courthouse News Service: DC Disability Agency Accused of Ignoring Plight of Imprisoned Man