Federal Court Rules Washington, D.C. Parole and Supervised Release System Discriminates Against People with Disabilities

WASHINGTON – A federal court ruled last week that the federal agencies responsible for parole and supervised release in Washington, D.C. violated federal disability law by systematically failing to meaningfully consider and accommodate people with disabilities.

The class action lawsuit was brought by two D.C. residents with disabilities, represented by the American Civil Liberties Union, ACLU of D.C., Public Defender Service for the District of Columbia, and Latham & Watkins LLP. Plaintiffs challenged the federal government’s post-conviction supervision system in Washington, D.C. for ignoring the needs of people with disabilities, thereby putting them at constant risk of sanctions, including incarceration. The court’s decision granted plaintiffs’ motion for summary judgment on liability.

“This decision makes clear that failing to provide people with all types of disabilities the accommodations they need to comply with supervision is discrimination, plain and simple,” said Allison Frankel, senior staff attorney at the ACLU’s Criminal Law Reform Project. “People with disabilities should have a fair chance to comply with the myriad supervision rules and remain in their communities, instead of being set up to fail from the start. We are celebrating this victory for our clients, and we are committed to continue fighting to ensure that people with disabilities on supervision across the country receive the accommodations they are legally entitled to.”

For D.C. residents, a criminal sentence can extend for years beyond their time behind bars through parole or supervised release, which requires people to comply with myriad and onerous conditions. Failing to follow conditions, like missing a single appointment, can land a person back in jail or prison, even when no new criminal conduct is alleged. In 2021 and 2022, 10 percent of all individuals under supervision in D.C. faced violation proceedings solely for technical violations of release conditions. Among people with disabilities, the percentage was nearly twice as high (18 percent). People with disabilities are over-represented among the supervision population and face heightened barriers to meeting supervision requirements.

“Discrimination against people with disabilities is incompatible with justice,” said Laura Follansbee, staff attorney at the ACLU of D.C. “This ruling is an important victory for equal access, and it affirms that people with disabilities must have a genuine opportunity to succeed on parole and supervised release in D.C.”

The ACLU has documented similar barriers that people with disabilities under supervision face across the country. In 2024, the organization released a report providing guidance for people with disabilities seeking accommodations, as well as tools for advocates working to challenge systemic barriers.

“For years, the government has failed to accommodate individuals with disabilities on parole and supervised release in D.C., as required by law,” said Christine Smith, associate at Latham & Watkins, who argued the motion. “This ruling is a significant step toward securing lasting institutional reform and ensuring that all people have an equal opportunity to succeed on supervision.”

The decision is here.