Judge approves partial settlement requiring sweeping ADA reforms in San Diego County jails

A federal judge has approved a sweeping settlement requiring the San Diego Sheriff’s Office to make major changes to jail conditions for people with disabilities.

The settlement stems from a lawsuit filed in 2022 that, among other allegations, accused the sheriff of widespread violations of the Americans with Disabilities Act.

The lawsuit alleged that none of the county’s jails met ADA standards and that deputies routinely failed to provide reasonable accommodations to people with disabilities. Its plaintiffs included a deaf man who wasn’t provided with a sign language interpreter during a mental health crisis and people with physical disabilities who were injured trying to access toilets, showers or bunk beds that weren’t up to code.

While U.S. District Judge Anthony Battaglia formally signed off on the agreement Monday, both sides agreed in December to settle the claim — one of several in a class-action lawsuit over jail conditions — after nearly 18 months of negotiations.

Under the settlement, the Sheriff’s Office agreed to retrofit showers, toilets and beds to meet accessibility standards, ensure access to devices like wheelchairs and CPAP machines and provide appropriate support for people with developmental disabilities.

A news release last December announcing the settlement described improvements that were underway or already complete — including the creation of a specialized ADA unit to oversee facility renovations as well as updates to policies and procedures to better identify people with disabilities and provide necessary accommodations, like assistive devices.

“Sheriff Kelly A. Martinez is grateful for the work that went into this mutually agreed upon settlement,” the release said. “While this settlement agreement is not a consent decree, the Sheriff’s Office is committed to compliance with all the terms.”

Two independent experts will monitor the jails and submit biannual reports to ensure compliance. Judge Battaglia will retain jurisdiction over the case to enforce the settlement terms.

Gay Grunfeld, the lead attorney for the plaintiffs, said she looks forward to working with Sheriff Kelly Martinez and the department’s new ADA unit to bring jails into compliance with federal and state disability laws.

“This settlement, once fully implemented, will make the jails safer and more humane for all incarcerated people, and ensure that people with disabilities are treated with dignity and respect,” she said.

Seven other claims in the class-action case remain unresolved, including allegations of inadequate medical and mental health care, poor safety protocols, lack of dental care and over-incarceration of people of color.

At a key hearing in the case last month, attorneys for the county asked Battaglia to dismiss nearly all of the remaining claims, arguing that the plaintiffs had failed to prove widespread, systemic problems in San Diego jails.

The plaintiffs countered that the deficiencies are institutional and the Sheriff’s Office has been aware of them for years.

Battaglia described the case as one “of magnitude” and said he would issue a ruling as soon as possible. A decision in favor of the plaintiffs could lead to further settlements to avoid a prolonged trial.