The Pennsylvania Institutional Law Project, along with Disability Rights Pennsylvania, has filed a lawsuit on behalf of John Topper who is incarcerated in the Pennsylvania Department of Corrections. Mr. Topper is an individual with multiple disabilities, including Huntington’s Disease and psychiatric disabilities which have left him unable to speak or write.
Despite being aware of Mr. Topper’s disabilities and 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 frequently breaks and prison staff often prevent him from bringing the tablet with him around the prison. At times, the tablet has been taken away from Mr. Topper entirely, leaving him no way to communicate other than gestures.
This lack of accommodation has exacerbated his isolation, hindered his ability to receive adequate healthcare, engage 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.
Mr. Topper’s lawsuit includes claims under the Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) which require prisons to 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.
On March 12, 2025, Mr. Topper filed a Motion for Preliminary Injunction seeking immediate access to the communication device he needs to survive, and to avoid further serious harm.
LEGAL DOCUMENTS
Complaint (pdf)