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Deaf man sues Osceola County over access to jail interpreter

OSCEOLA COUNTY, Fla. — A deaf man said he spent nearly three weeks in the Osceola County Jail because he couldn't get an interpreter.
 
Thomas Downing, of Pinellas County, filed a civil rights lawsuit against the county in federal court in March. The lawsuit claims jail staff mocked Downing when he made repeated written requests for an interpreter or a way to contact his family.
 
"There was no interpreter, there was no use of telephone (and) no use of anything for him to communicate those issues why he shouldn't be in jail," Jennifer Salter, Downing's attorney, said.
 
Downing's family said he was born deaf and mainly communicates through American Sign Language and text messaging.
 
An arrest report shows Downing was visiting Osceola County in March 2012 when he got into a physical altercation with his wife. Deputies arrested Downing and charged him with battery and violating a court order to stay away from his spouse, even though Pinellas County court records show that order had actually been rescinded about nine months earlier.
 
"Nobody bothered to check to even find out if that restraining order was in force, and after they had been told that it wasn't," James Downing, Thomas Downing's father, said.
 
Downing was taken to the hospital for chest pains and missed his first court appearance. When he got to jail, the court records claim Downing made repeated written requests for an interpreter or way to contact his family, but never got either.

About two weeks later, the alleged victim declined to pursue the case but Downing still sat behind bars. He was eventually able to get a note to a defense attorney who agreed to help him.

"Luckily for Mr. Downing, the attorney went further and looked into the issue and ultimately contacted Mr. Downing's parents," Salter said.
 
Nearly three weeks after the arrest Downing was finally released with no formal charges filed.
 
"If he was a hearing man this would've never happened," James Downing said.
 
The family admits that Downing and his wife had a history of domestic problems. Court records show the two divorced in 2015.
 
Downing said he lost his job as a UPS driver when he was unable to show up or contact his work; his father said he has been unable to find work since.
 
The county provided Channel 9 with a copy of its policy for dealing with deaf inmates, but a spokesman said the county doesn't comment on pending litigation.