From Missouri, USA:
My 21 year old son, who has type 1 diabetes and uses an insulin pump, was picked up and arrested. The police wanted him to remove his pump and not be allowed to keep glucose tablets with him. Does the Americans with Disabilities Act encompass his rights in this situation?
I am not sure whether or not this would fall under the Americans with Disabilities Act, but the American Diabetes Association has a very clear Position Statement. (See Management of Diabetes in Correctional Institutions.) I would print this out and give it to your son's attorney and the police. I would also contact your local ADA affiliate for additional assistance.
Additional comments from David S. Holtzman, Esq.:Unfortunately, the answers you receive here will not remedy the situation that your son faced at the hands of the police -- unless of course he continues to engage in conduct which would lead him to be arrested. Generally, persons who are detained or incarcerated by law enforcement cannot be denied reasonable medical care. Whether or not the ADA or his civil rights were violated is a question for an attorney of your choosing to answer. My advice is to contact the Police Chief or Sheriff who oversees the jail or holding area where your son was kept. Make them aware of what happened and of your concerns. If they are unresponsive or remain unwilling to acknowlege the needs of people with diabetes contact the local American Diabetes Association for assistance to raise awareness of the local law enforcement community on these issues.
Original posting 11 Jan 2002
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Last Updated: Tuesday April 06, 2010 15:09:30
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