A man with Huntington’s Disease has filed a civil rights lawsuit in federal court, accusing the Pennsylvania Department of Corrections (PA DOC) of discriminating against him and ignoring his disabilities, leaving him unable to reliably communicate with staff and other incarcerated people. The plaintiff, John Topper, who is currently incarcerated, suffers from multiple disabilities, including Huntington’s Disease and psychiatric disabilities which have left him unable to speak or write. Mr. Topper filed a Motion for Preliminary Injunction seeking urgent and continuous access to a device that will allow him to communicate.  

Under the Americans with Disabilities Act (ADA), prisons must provide tools called auxiliary aids to individuals with communication disabilities. Assistive technology that allows easier communication is essential for daily life, especially for incarcerated people. Despite being aware of Mr. Topper’s disabilities and his need for accommodations for years, the Pennsylvania Department of Corrections has routinely denied him access to a communication aid. Instead, he has been forced to communicate by typing notes on a tablet and passing it back and forth with the person he is attempting to communicate with. This tablet breaks frequently, and prison staff regularly prevent him from bringing the tablet with him everywhere in the prison.  

“This has been such an emotional and mental struggle for me daily. Day-to-day routines are very hard without a means of effective communication and I have to struggle to have my daily needs met,” said John Topper, the plaintiff in the case.

This lack of accommodation has exacerbated his isolation, hindered his ability to receive adequate healthcare, prevented him from engaging in prison programming, and severely limited his contact with family members, including regular communication with his mother.  This isolation led Mr. Topper to attempt suicide earlier this year.  After returning from the hospital, the DOC denied him a working communication aid for ten days. As a result, he was only able to communicate with psychiatry staff via thumbs up and down gestures.

Alexandra Morgan-Kurtz, Deputy Director of the Pennsylvania Institutional Law Project, stated, “The ADA is clear that it is the DOC’s obligation to meet the needs of disabled people in their custody. Each day the DOC’s abdication of this responsibility for Mr. Topper’s obvious disability harms him in countless ways.”  

Legal representatives from Disability Rights Pennsylvania have also expressed their concerns regarding the treatment of individuals with disabilities within the correctional system. DRP staff attorney Brynne S. Madway said, “The ADA was passed more than thirty years ago and requires that public entities—like the DOC—provide reasonable accommodations to people with disabilities. It is unconscionable that the DOC is refusing to provide Mr. Topper with a communication tool they have known he needs for years.”

This case highlights the ongoing challenges faced by individuals with disabilities in correctional facilities and underscores the need for systemic changes to ensure compliance with federal laws designed to protect their rights.

Mr. Topper is represented by Alexandra Morgan-Kurtz and Sarah Bellos of the Pennsylvania Institutional Law Project, and Brynne S. Madway and Christina Drzal of Disability Rights Pennsylvania, in the case Topper v. Pennsylvania Department of Corrections, et al., 3:25-cv-00248, filed in the U.S. District Court for the Middle District of Pennsylvania.  Read a full copy of the complaint at pilp.org/legal-docket/topper.

About the Pennsylvania Institutional Law Project (PILP)

The Pennsylvania Institutional Law Project (PILP) protects and advances the constitutional and civil rights of people incarcerated in Pennsylvania through litigation, advocacy, and legal advice. More information can be found at https://pilp.org/cases.

About Disability Rights Pennsylvania (DRP)

Disability Rights Pennsylvania protects and advocates for rights of people with disabilities so that they may live the lives they choose, free from abuse, neglect, discrimination, and segregation. Learn more about DRP.