ALBANY – A partially deaf prison inmate’s civil rights suit against the state may proceed, despite an argument that his complaints were resolved when he transferred to a prison with accommodations for the hearing impaired, a judge has ruled.

Northern District Judge Mae D’Agostino (See Profile) decided in Rosales v. LaValley, 9:11-cv-0106, that a broader question remains unanswered in Luis Rosales’ action: whether the state’s refusal to formally classify Rosales and inmates like him as hearing impaired violated their rights under the Constitution and the Americans with Disabilities Act.