Detention Settings Materials for Lawyers
The American Diabetes Association's (ADA’s) position statement (PDF, updated October 2021)1 on diabetes management in detention facilities outlines what constitutes adequate medical care for inmates in prisons and jails.
Claims Related to Medical Care for Prisoners with Diabetes (PDF)2 discusses possible legal claims related to the inadequate medical treatment provided to inmates with diabetes in detention settings, including claims under the Eighth and Fourteenth Amendments and the Americans with Disabilities Act.
- Cross v. Buschman (June 2023): The ADA filed an amicus brief in the U.S. Court of Appeals for the Third Circuit to inform the court of the short- and long-term consequences of unmanaged blood glucose (blood sugar). The brief also argued that an incarcerated person’s Eighth Amendment claim should not have been dismissed when his blood glucose was allegedly so unmanaged that he lost consciousness in prison four times during a 13-month period.
- Hamlet v. Hoxie (Nov. 2021): The ADA filed an amicus brief in the U.S. Court of Appeals for the Eleventh Circuit to support Mr. Hamlet, an incarcerated man with diabetes, in his Eight Amendment claim. The brief argued that the court should consider the severe risks of infection faced by incarcerated individuals, especially those with diabetes and open wounds, in defining and vindicating the Eighth Amendment right to sanitary conditions in a carceral setting.
Rosen v. City of Philadelphia
This class action lawsuit concerned the mistreatment of people with diabetes in police custody who became seriously ill when they were denied needed food and medication. The approved settlement agreement sets out model procedures to ensure people with diabetes maintain access to food, medication, and medical personnel while they are in police custody. The agreement also established a means to train police personnel about the medical needs of people with diabetes.
- Settlement Agreement for Injunctive Relief (PDF, March 2003)
- Joint Motion of Plaintiffs and Defendant Seeking Preliminary Approval of the Settlement Agreement for Injunctive Relief (PDF, March 2003)
1Diabetes Care® 37 (Suppl. 1)
2Benjamin Eisenberg, JD; Victoria Thomas, JD, April 2015