Disability Advocates, Inc.
5 Clinton Square, Third Floor
Albany, New York 1 2207-2201
(51 8) 432-7861 (Voice and TTY)
(518) 427-6561 (Fax)
Executive Director:
Cliff Zucker, Esq.
Senior Staff Attorney:
Simeon Goldman
Secretary/Bookkeeper:
Jacqueline Chiras
Staff Attorneys:
Roger A. Bearden
Nina Loewenstein
Amy E. Loewenstein
Jennifer Monthie
August 27, 2007
Lester N. Wright, M.D., M.P.H.
Deputy Commissioner/Chief Medical Officer,
Anthony Annucci
Deputy Commissioner/General Counsel
State of New York Department of Correctional Services
The Harriman State Campus
1220 Washington Avenue
Albany, N.Y. 12226-2050
RE: [Redacted]
Dear Deputy Commissioners Wright and Annucci:
I am writing to you in a final attempt to resolve the outstanding matter of obtaining adaptive devices for Mr.[Redacted] Because of severe injuries to tendons in both his left and right hands, Mr.[Redacted] cannot grip with his hands. He requires the use of devices in order to perform ordinary activities of daily living. Without these devices, Mr.[Redacted] cannot use eating utensils or a pen for writing. He also requires the use of night resting splints to support his hands and reduce the level of further deterioration. Despite multiple requests for the necessary devices, Mr.[Redacted] has had no such devices since his transfer to Great Meadow Correctional Facility in April 2006.
Mr. [Redacted] had received these devices at Clinton Correctional Facility, but when he was transferred to Great Meadow in April 2006 the devices were lost in the transfer. He was again measured for the devices in July 2006 at Great Meadow (see enclosed note and medical report from 2000 describing Mr. [Redacted]’s functional limitations). Because he had not received the devices in the summer of 2006, Mr. [Redacted] grieved the lack of adaptive devices. The grievance was granted with the caveat that medical staff, which in fact had received the devices, is "now working with security to determine allowable devices." (See decision enclosed). However, one year later Mr. [Redacted] still has not received the devices. On July 11, 2007, Mr. Robert Raymond responded to my inquiry regarding the reasons for the denial: "Based on Mr. [Redacted]’s actions, some of his previously requested and approved accommodations may have been limited and/or removed to ensure such safety." (See letter enclosed.) Mr. Raymond did not explain what actions of Mr.[Redacted] have warranted the complete denial of assistive devices. At the same time, Mr. Raymond indicated that Mr.[Redacted]’s need for devices was being reevaluated. However, the necessity for such a reevaluation has not been established. Mr.[Redacted]’s condition is not likely to improve - in fact, [sic] without the approved splints, it is likely to deteriorate. Without the adaptive devices, Mr.[Redacted] has not been able to write, and must eat food by putting his face in his tray like an animal.
We are aware that Mr.[Redacted] was found guilty of assault in October 2006, and are concerned that this may be the cause of withholding the adaptive devices from Mr. [Redacted]. However, the corrections officers' allegations that Mr.[Redacted] held a homemade weapon in a clenched fist are incredible, in light of medical reports documenting that Mr.[Redacted] cannot make a fist with either hand. Even if Mr. [Redacted] had struck an officer, it would not be grounds for a blanket denial of adaptive devices and an indefinite suffering of indignities. We note that Mr. [Redacted] is now participating in treatment in the BHU, and is not housed in SHU. It is urgent that the matter of Mr.[Redacted]’s need for adaptive devices and splints be resolved quickly. If this appeal does not resolve the matter, we shall have to resort to litigation to seek injunctive relief on behalf of Mr.[Redacted].
I would like to speak with you at your earliest convenience in order to resolve this matter, and will be contacting your offices shortly to arrange such a discussion. Thank you very much for your prompt attention to this request.
Sincerely,
[Signature]
Nina Loewenstein
Staff Attorney
cc: Commissioner Brian Fischer
The AVID Prison Project is a collaboration between The Arizona Center for Disability Law, Disability Law Colorado, The Advocacy Center of Louisiana, Disability Rights New York, Protection and Advocacy for People with Disabilities of South Carolina, Disability Rights Texas, Disability Rights Washington and The National Disability Rights Network.