Disabled Arizona Father Files Federal Lawsuit Alleging Disability Rights Violations

The case of Joseph Lathus, a permanently disabled Arizona father and mouth cancer survivor, has brought to the forefront critical issues surrounding disability rights and constitutional protections within the legal system. Lathus has filed a federal civil rights lawsuit against the Round Valley Justice Court and Judge Butch Gunnels, alleging serious violations during his misdemeanor trial. The lawsuit, lodged in the U.S. District Court for the District of Arizona, claims systemic discrimination and a failure to provide necessary accommodations for his disability, highlighting a potentially broader issue of how courts handle disability claims.

According to the complaint, Lathus, who underwent aggressive mouth cancer surgery that temporarily affected his speech, was denied full accommodations during his trial. Despite presenting medical records from specialists, he was forced to communicate through handwritten notes read aloud by a court clerk. This incident raises questions about the adherence to the Americans with Disabilities Act (ADA) procedures within the court system and the adequacy of accommodations provided to individuals with disabilities.

The situation escalated when Lathus, after fully paying a $750 fine, was issued a contempt order by Judge Gunnels months later. The order accused Lathus of fabricating his disability without conducting an expert medical evaluation. The lawsuit suggests this action was retaliatory, following Lathus's appeal and a separate lawsuit against Apache County. This aspect of the case underscores the potential for abuse of power and the need for safeguards against retaliation within the judicial system.

Lathus's lawsuit seeks injunctive relief, compensatory and punitive damages, and a jury trial. It also calls attention to the alleged improper assessment of disability claims by non-medical personnel in the Round Valley Justice Court. Furthermore, Lathus has initiated a crowdfunding campaign for legal funds and submitted a motion requesting a Department of Justice investigation into potential judicial abuse of power and criminal retaliation. This case not only highlights the personal struggles of Lathus but also serves as a critical reminder of the ongoing challenges faced by individuals with disabilities in seeking justice and equality under the law.