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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115449
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter: Ayesha XXXXXX #XXXXXXX,

Customer Question

My daughter: Ayesha XXXXXX #XXXXXXX, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX is a victim of disability discrimination. Her Medical conditions: 1. H.I.V. Positive. 2. Severe Depression 3.Elevated pulse rate 4.Tendonitis 5.Year-round Allergies 6. Swollen Cheeks/feet and being denied medical attention/treatment in actuality, she should be on medical Unit. She has stated she is contemplating suicide.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I read your facts, is there a specific question with which I could assist?

Customer: replied 1 year ago.
Inconsideration of her being on disability prior to her arrest with her present conditions I stated, why isn't she in a medical facility? And if not why have her restrictions been removed?
Customer: replied 1 year ago.
For Ayesha #XXXXXXX to be denied access to proper medical treatment discriminatory and should be legally charged as such?
Expert:  Dwayne B. replied 1 year ago.

While I, of course, don't have access to her records and specifically her medical records, the most likely reason she isn't in a medical facility is because the Texas Department of criminal Justice hasn't decided her medical condition is significant enough to be placed into the medical unit. I do know that a diagnosis of being HIV positive alone isn't sufficient to guarantee placement into a medical facility although the symptoms from it or the symptoms from it and the other problems you mention could combine to be create a situation where she should be placed there.

Nothing that occurred prior to her being placed into the TDCJ system has any effect on what they do. So, what that means, is that just because she was found to be disabled for purposes of private disability insurance, Social Security Disability, or anything else doesn't mean that she would be considered disabled by TDCJ since everyone uses different definitions.

If she disagrees with their assessments then she can first file a complaint through the unit where she is located. If she doesn't get any satisfaction in that process then she can elevate the complaint through the ombudsman process which is described at http://www.tdcj.state.tx.us/divisions/arrm/arrm_res_ombudsman.html

If she still doesn't feel that the problem has been satisfactorily resolved then she can file a lawsuit.

Expert:  Dwayne B. replied 1 year ago.

It wouldn't necessarily be discriminatory since there are different definitions being used and, in addition, she would have been examined by the TDCJ doctors who would have made their recommendations as to placement. If she has only recently entered TDCJ then she will be examined very shortly and then may be placed correctly.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered then I'd offer my best wishes to you and your daughter and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
No disrespect intended. Sir, I have spent 20 years of my life on lock. You have not been helpful in the least. I knew what you said before I called. I wanted you to get the explanation from those in authority at her unit. I have no need for "YOUR" personal explanations about the system. 7 years I spent in TDCJ. You did absolutely nothing to assure my daughter welfare or to deserve a dime of my "FIXED INCOME" MONEY!!
Expert:  Dwayne B. replied 1 year ago.

No disrespect taken and none intended back but none of what I told you was in the facts you gave me and I have no way of knowing what you do and do not know unless you tell me. If you had already known what I told you and had let me know I wouldn't have offered the information and spent the time.

As the click throughs on the website repeatedly explain we answer questions on the website but we do not represent people through her and are not available to be retained to make calls, prepare pleadings, etc. When I asked you what specific question you had you never mentioned you wanted someone to call the unit. If you had then I could have explained that we don't do that and wouldn't have spent the time explaining the rest of the information.

Since you apparently are wanting to hire someone to perform a legal service as opposed to answer questions, then I'll opt out.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
Have you called the facility yet to ask about her being transferred to a medical facility? If so, have you gotten her a local attorney yet to go to court to file a motion in court for the transfer?
Customer: replied 1 year ago.
Please! It was a mistake seeking assistance, without doing so in person, one on one. That is what I'm attempting at the present time. I personally believe I've been "Hood Winked" already, because nothing beneficial did I get from my encounter with the last individual. Thank you but no thanks.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Unfortunately, this site and method we use is not for everyone.
You are NOT being charged for this response and you can contact customer service at http://ww2.justanswer.com/help for a refund of any deposit if you like or you can call Just Answer customer service at 888-587-822
Customer: replied 1 year ago.
Put the correct phone # ***** customer service! 888-587-822 is incorrect ??
Expert:  Law Educator, Esq. replied 1 year ago.
sorry for the typo: (###) ###-####
Customer: replied 1 year ago.
Sir, the attorney took my "card" info in less than 5 mins. Now, I got to spend an hour being 3rd degreed, make calls, answer 20 questions and wait 30 days is ludicrous. Just put any and all money deducted back as simple as it was taken and end this Dog and pony show, please!
Expert:  Law Educator, Esq. replied 1 year ago.
sorry, experts are not an employees of this site, so I have no idea what customer service does and I cannot do anything for you other than what I have done and you replying to me about it simply is wasting my time and your time because you are asking something that is beyond what I can do for you.