MAINE HUMAN RIGHTS COMMISSION et al v. SUNBURY PRIMARY CARE PA

Filing 120

AMENDED CONSENT DECREE By JUDGE JOHN A. WOODCOCK, JR. (jgw)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE

MAINE HUMAN RIGHTS COMMISSION,
ET AL.
Plaintiffs,
v.
SUNBURY PRIMARY CARE, P.A.

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* Civil no. 1:09-CV-00466-JAW
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Defendant
AMENDED CONSENT DECREE
This is a public Consent Decree between the Maine Human Rights Commission (“the
Commission”) and Sunbury Primary Care, P.A. (“Sunbury”).
1) In this complaint, the Commission alleged that Sunbury violated the Maine
Human Rights Act, 5 M.R.S.A. § 4592(1)(C), by failing to provide effective
communication to a patient who is deaf by not providing the patient an ASL interpreter.
Sunbury denies liability, and the parties desire to resolve this action without the time and
expense of continued litigation.
2) The Commission is an independent Commission empowered by the Maine
Human Rights Act to file civil actions in its name for the use of victims of alleged
discrimination in the Maine Superior Court seeking appropriate relief.
3) Sunbury is a Maine corporation headquartered in the City of Bangor, County of
Penobscot, State of Maine, which of owns and does business as Corinth Family
Medicine.
4) This action was properly removed to this Court from the Maine Superior Court,
and Sunbury and the Commission consent to the jurisdiction of this Court.

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5) Sunbury is hereby enjoined from violating the Maine Human Rights Act, 5
M.R.S.A. §4592(1)(C), as it relates to taking steps that may be necessary to ensure that
no hearing impaired individual is excluded, denied services, segregated or otherwise
treated differently than other individuals because of the absence of auxiliary aids and
services.
6) Sunbury will pay Shirley Carney $7,500.
7) Sunbury will amend its existing “Policy and Procedure on Accommodations for
Hearing-Impaired Persons,” adopted by Sunbury on January 11, 2007, and provide any
current or future Sunbury patient who is deaf with a qualified interpreter, upon request of
the patient, for any visit that is likely to involve interactive communication between the
hearing impaired patient and a Sunbury provider regarding a substantive medical issue.
8) Sunbury will adopt and implement policies that are reasonably designed to
educate its hearing impaired patients of their rights and Sunbury’s providers and staff of
their responsibilities under Sunbury’s revised Policy.
9) This Consent Decree is as an order within the meaning of 5 M.R.S.A.
§4613(2)(B)(7).
10) For all purposes other than the continuing nature of this Consent Decree as an
order within the meaning of 5 M.R.S.A. §4613(2)(B)(7), this Consent Decree, including,
but not limited to paragraph 5, will remain in effect for three years from the date that it is
signed by this Court.
11) This Consent Decree may be amended by mutual agreement of the parties to the
Decree, with the approval of this Court.
12) Other than the effect of this Consent Decree on future Maine Human Rights Act

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claims under 5 M.R.S.A. §4613(2)(B)(7), and Shirley Carney’s right to enforce paragraph
6 above, only the Commission and Sunbury have standing to enforce the provisions of
this Consent Decree.
13) The parties shall endeavor in good faith to resolve informally any differences
regarding interpretation of and compliance with this Consent Decree prior to bringing
such matters to the Court for resolution. However, in the event of a failure by Sunbury to
perform in a timely manner any act required by this Consent Decree or otherwise to act in
conformance with any provision thereof, Shirley Carney (with respect to paragraph 6
only) or the Commission may move this Court to impose any remedy authorized by law
or equity, including, but not limited to, an order requiring performance of such act or
deeming such act to have been performed.
14) This Court will retain jurisdiction to resolve any dispute arising under this
Consent Decree. In all other respects, upon approval and entry by the Court of the
Consent Decree, the Commission’s action against Sunbury will be dismissed with
prejudice and without costs.
15) This Consent Decree shall not limit the Commission’s authority in any way other
than that it will dismiss the pending complaint with prejudice and without costs.

Dated: September 7, 2011

/s/John A. Woodcock, Jr.
__________________________________
Chief U.S. District Judge

Dated: September 6, 2011

/s/ Robert C. Brooks
__________________________________
Robert C. Brooks, Esq., Bar No. 7387
Verrill Dana, LLP

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PO Box 586
Portland ME 04112-0586
[phone]
Attorney for Sunbury Primary Care, P.A.

Dated: September 6, 2011

/s/ John P. Gause
__________________________________
John P. Gause, Esq., Bar No. 8192
Commission Counsel
Maine Human Rights Commission
51 State House Station
Augusta ME 04333-0051
[phone]
Attorney for the Commission

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