Ferguson v. City of Phoenix

The City of Phoenix (city) (defendant) operated a 911 emergency call system. To complete a phone call, hearing-impaired citizens (TDD callers) (plaintiffs) used a TDD system, which was similar to email via the phone. When TDD callers contacted the city’s 911 system, they were required to hit a space bar to send an audio signal over the line. The operator was expected to recognize the space-bar audio signal and respond by using a TDD or transferring the call to someone who had a TDD. The city’s 911 operators frequently treated these calls as hang-ups instead of TDD callers. This led to many TDD callers receiving delayed or no emergency assistance after calling 911. The TDD callers sued the city for violating Title II of the Americans with Disabilities Act, § 504 of the Rehabilitation Act, and § 1983. The parties eventually entered a consent decree that granted injunctive relief and required the city to change its TDD policy by not requiring TDD callers to press the space bar. However, the lawsuit continued on the question of damages. At summary judgment, the district court concluded that a showing of intentional discrimination or deliberate indifference was required to recover damages. The court found no evidence that the city intentionally discriminated against the TDD callers or was deliberately indifferent. Instead, the record indicated that the 911 system’s failures were the result of inadvertence. The court therefore entered summary judgment for the city on the issue of damages.