SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
GLENDALE POLICE DEPARTMENT, GLENDALE, ARIZONA
DEPARTMENT OF JUSTICE COMPLAINT NUMBER
XXXXX
1. This matter was initiated by a complaint filed under
title II of the Americans with Disabilities Act ("ADA"), 42
U.S.C. 12131-12134, and section 504 of the Rehabilitation Act
of 1973, as amended ("section 504") 29 U.S.C. 794, with the
United States Department of Justice ("Department of Justice")
against the City of Glendale Police Department ("Police
Department"). Allegedly, when the Glendale police officers
arrested an individual who was deaf and used sign language for
communication, he requested a sign language interpreter, but no
interpreter was provided.
2. The Department of Justice is authorized under 28 C.F.R.
Part 35, Subpart F, to investigate fully the allegations of the
complaint in this matter to determine the Police Department's
compliance of the Police Department with title II of the ADA and
the Justice Department's implementing regulation, issue findings,
and, where appropriate, negotiate and secure voluntary compliance
agreements. Furthermore, the Attorney General is authorized
under 42 U.S.C. 12133, to bring a civil action enforcing title
II of the ADA should the Department of Justice fail to secure
voluntary compliance pursuant to Subpart F.
3. The parties to this Settlement Agreement are the United
States of America and the Glendale Police Department. In
consideration of the terms of this Agreement as set forth below,
the Attorney General agrees to refrain from filing civil suit in
this matter. In the interest of securing compliance by voluntary
means, the parties have entered into this Agreement and agree to
the terms set forth below.
4. By signing this Agreement, the Police Department does
not admit that the operation of its police services, policies, or
practices violates in any respect the ADA or its implementing
regulation.
5. The ADA applies to the Police Department because it is a
public entity as defined in title II of the ADA and the title II
regulation. 42 U.S.C. 12115; and 28 C.F.R. 35.104. Section
504 applies to the Police Department because it is a recipient as
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SNIPPETS:
GLENDALE POLICE DEPARTMENT, GLENDALE, ARIZONA
DEPARTMENT OF JUSTICE COMPLAINT NUMBER
Allegedly, when the Glendale police officers arrested an individual who was deaf and used
The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate
The parties to this Settlement Agreement are the United States of America and the Glendale
In the interest of securing compliance by voluntary means, the parties have entered into this
By signing this Agreement, the Police Department does not admit that the operation of its
The subject of this Settlement Agreement is the provision of qualified interpreting services
The Police Department agrees to furnish appropriate auxiliary aids and services when
In any situation involving an individual who is deaf or hard of hearing, the Police
The Police Department agrees to give primary consideration to the expressed choice of the
deadline or any other provision herein will not be construed as a waiver of its right to
Successful police contact with citizens is characterized by effective communication between
police officers encountering an individual with hearing impairment should use appropriate
In situations involving drivers who are deaf and use sign language for communication, the
These guidelines address only those situations where a police officer, after consulting with
Arrest Upon Probable Cause Without An Interview
a qualified interpreter may be required if an officer is unable to convey to the arrestee the
If the investigation does not involve a serious offense, the officer must postpone the
the officer must document his or her investigation as completely as possible and file the
If the investigation involves a serious offense, the officer, before leaving the scene, must
If an officer cannot effectively inform the arrestee of the Miranda warnings without the use
If an officer is able to communicate effectively by writing questions on a note pad and
However, if an investigating officer is unable to communicate effectively with a victim or
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