A federal lawsuit claiming that Brighton police and Monroe County health officials mishandled their interactions with a suicidal deaf man and his family can move forward.
Doug and Mary Karol Matchett allege that authorities disregarded requests for interpreters both when their son Scott was experiencing a mental health crisis, and later, after he took his own life.
The town and county had wanted the case dismissed, arguing they did nothing wrong.
But U.S. District Court Judge Frank Geraci this week determined the case can proceed because the allegations, if proven, would show officials violated the law. The American with Disabilities Act dictates that interpretive services should be provided so long as it does not cause undue burden.
Based on the Matchetts’ account, Geraci wrote, “they had three encounters with the town’s police officers in 2021, and in each instance, police failed to provide statutorily sufficient accommodations to ensure effective communication with them.”
The couple claims that resulted in their son not getting the help he needed when it might have made a difference.
“It is reasonable to infer from this course of events that the town either maintains noncompliant policies regarding accommodations for deaf individuals, or fails to train its officers on its compliant policies,” the judge wrote. “As such, it is reasonable to conclude that the discriminatory, non-accommodating treatment will continue.”
This is an early but significant step in the litigation process.
Geraci wrote that he was not persuaded by the town’s argument that lip reading, written communication and American Sign Language should suffice. And he rejected the county’s defense that staffers in its Mental Health and Medical Examiner's offices were not directly asked for an interpreter, writing that the duty to accommodate exists if the disability is obvious.
Rochester has one of the largest deaf populations per capita in the world. Yet the arguments made by the government lawyers reflect common workarounds used by local law enforcement agencies. Estimates are that, at best, lip readers can capture a third of what is being said. And the Matchetts claim that those who purported to know ASL were limited in their ability.
Geraci wrote that the courts have “squarely rejected the theory that a disabled individual’s opportunity to participate in a public entity’s services ‘at some time and in some way’ is sufficient to meet the entity’s obligations under the ADA.”
Brighton and Monroe County officials declined comment, citing the ongoing litigation.
The Matchetts’ attorney, Andrew Rozynski, called Geraci's ruling a “well-reasoned decision recognizing the fundamental right of deaf individuals to effectively communicate with law enforcement."
Rozynski is based in New York City. His parents and uncle are deaf, and his practice has focused on discrimination cases involving deaf and hard-of-hearing individuals. He has a second lawsuit pending against Brighton police that claims officers failed to provide reasonable accommodation to a deaf man on a traffic stop that ended with the man arrested and jailed.
“While this ruling moves us forward as we enter the next phase of litigation for the Matchett family, these positive decisions are not always guaranteed, and many affected deaf individuals never get their day in court,” Rozynski continued. “This decision sends a clear message that 'some communication' is not enough. Deaf citizens deserve full and equal access to emergency services."
Geraci let stand a request for injunctive relief that — if the Matchetts prevail — could result in court-ordered corrective actions. The couple must show not just past injury but the likelihood of being harmed again in the future.
“The Town’s claim that Scott’s passing means it is ‘virtually certain that plaintiffs will not be subject to the same conduct (by police)' is unconvincing,” Geraci wrote, explaining the policies and practices at issue are not specific to their son’s mental health crises. “They are, allegedly, blanket policies that provide ineffective accommodations for deaf individuals.”