The Rhode Island Supreme Court issued an early Independence Day decision for civil rights by unanimously ruling on Friday that the state and its officials are not immune from suit under one of Rhode Island’s key anti-discrimination statutes, the Rhode Island Civil Rights Act (RICRA).
The lawsuit involves two prisoners at the ACI who allege that the state Department of Corrections discriminated against them based on their disabilities in violation of RICRA and federal law by deliberately ignoring and exacerbating their preexisting medical conditions. In response, the Attorney General had argued that the State has sovereign immunity from suit and therefore can discriminate based on disability without being sued for damages under RICRA.
While the question before the court involved a technical legal issue – whether discrimination claims under RICRA constitute “torts” under a state law that generally waives the state’s immunity from suit for various violations of the law – the effect is extremely significant for individuals seeking relief for violations of their civil rights by the state.
The National ACLU and the ACLU of RI had filed a friend-of-the-court brief in the case, arguing that “shielding state actors from RICRA liability would undermine the statute’s broad purpose” and “leave individuals discriminated against by state officials without a remedy.” The brief was filed by ACLU of RI cooperating attorney Lynette Labinger and National ACLU attorneys Terry Ding and Matthew Segal.
RICRA, passed by the General Assembly in 1990, broadly provides for the “full and equal benefits of all laws and proceedings for the security of persons and property” regardless of “race, color, religion, sex, disability, age, or country of ancestral origin.” The lawsuit, originally filed in federal court, will go back there for further consideration in light of the state Supreme Court’s interpretation of the statute.
Attorney Labinger said today: “When a person is subjected to discrimination by officials acting on behalf of the State in violation of RICRA, it is important that the State be held accountable. The Supreme Court’s decision fulfills the General Assembly’s goal of protecting residents of Rhode Island from discrimination, whether it is done at the hands of the government or of private individuals or businesses. Now that the issue has been laid to rest, we hope the Office of the Attorney General will vigorously enforce that protection whenever the issue arises, rather than urging the Court to deny its existence.”
The court decision and more information about the case can be found here.