SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND UNION PARISH DETENTION CENTER

BACKGROUND

1. This Agreement resolves the United States’ investigation of UPDC for alleged discrimination against an individual with a disability in violation of Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131–12134, and its implementing regulation, 28 C.F.R. Part 35.

2. UPDC held a detainee with human immunodeficiency virus (HIV) in isolated, segregated housing for approximately six months because he has HIV.

3. UPDC also failed to afford this detainee the same confidentiality protections that it affords other detainees.  UPDC posted information on the detainee’s cell door from which passing nonmedical staff and other detainees could infer his HIV status.  On at least one occasion, a UPDC staff member deliberately revealed the detainee’s HIV status to another detainee.  This disclosure exposed the detainee to the risk of harassment, stigmatization, and other harm from detainees or staff who hold unfounded fears or prejudices about individuals with HIV.

4. Segregation of detainees with HIV in jails or prisons because they have HIV is medically unnecessary.  National Commission on Correctional Health Care, NCCHC, Administrative Management of HIV in Correctional Institutions (Oct. 19, 2014), http://www.ncchc.org/administrative-management-of-hiv-in-correctional-institutions.  HIV cannot be transmitted through saliva, sweat, or tears, so it cannot be transmitted through casual contact.  HIV cannot be transmitted through daily activities, including sharing bathroom facilities, drinking fountains, dishes, or food-preparation spaces.  Centers for Disease Control and Prevention (CDC), HIV Transmission (June 6, 2017), http://www.cdc.gov/hiv/basics/transmission.html.

5. UPDC violated Title II of the ADA by:

   1. Discriminating against or excluding a detainee with a disability from participation in, or denying the detainee the benefits of, UPDC’s services, programs, or activities, on the basis of the detainee’s disability, 42 U.S.C. § 12132; 28 C.F.R. § 35.130(a);

   2. Denying this detainee the opportunity to participate in or benefit from UPDC’s aids, benefits, or services, 42 U.S.C. § 12132; 28 C.F.R. § 35.130(b)(1)(i);

   3. Providing aids, benefits, or services to this detainee that were unequal to, or different or separate from, those afforded to detainees who do not have disabilities, 42 U.S.C. § 12132; 28 C.F.R. § 35.130(b)(1)(ii) (iv); and

   4. Failing to house this detainee in the most integrated setting appropriate to his needs, 42 U.S.C. § 12132; 28 C.F.R. §§ 35.130(d); 35.152(b)(2).