Legal Question in Civil Rights Law in Arizona

Officer refused to give medication while in jail

My nephew who is a diabetic and had to spend 5 days in jail was denied his medication by the officer on duty. My nephew had a doctor's note, the jail told him he did not need to bring his own medication since they would be able to provide the insulin. My nephew was repeatedly denied his insulin until he started to throw up and go into convulsions, he was rushed to the emergency room. When his dad came to the jail to give him his insulin he was told that he was not there and they did not know where he was taken too. Again, he was not allowed to be given the insulin by his father. He was brought back to the jail after being checked at the ER for any kidney damage. He had to pay $25 to spend the night in the jail (i understand that this is usually SOP). But, the fact that my nephew nearly died is not SOP. Can the city be held accountable for their actions?


Asked on 2/05/02, 3:48 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Officer refused to give medication while in jail

Yes. The trouble is, cases against police are difficult and without major permanent damage, may not bring enough money to make it worthwhile.

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Answered on 2/05/02, 8:02 pm
Regina Mullen Legal Data Services, PLC

Re: Officer refused to give medication while in jail

Civil rights claims against police are difficult, but it sounds like you have pretty conclusive proof of the deliberate indifference rquired. No, you'll probably not find someone to take it on contingency, because it's not going to be a big money case, but I'm not so sure you should let it go either, because your son could have been really injured...You don't want to go to federal court because you'll be unlikely to prove $75K in damages, but state court has much lower damages requirements, and you may just be able to make it there. Be prepared to pay up front for at least some attorney time though, and if you're willing to do that, then you'll probably be able to find someone to help, especially if your goal isn't the money but to stop the police from treating people that way. Your attorney may find they have a history of doing it, in which case your case could have tremendous social value.

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Answered on 2/08/02, 9:25 am


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