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November 02, 2011

Inmates with Diabetes Have Rights when Medical Care Is Ignored

Inmates that receive poor medical care for Diabetes while incarcerated have protections under State and Federal law. Inmates may bring a claim under 42 U.S.C. § 1983 if they can establish that their constitutional rights were violated by guards or medical staff. The most common constitutional amendment implicated by inmates with diabetes is the Eighth Amendment, which prohibits cruel and unusual punishment including inadequate medical care. Inmates with diabetes may also bring claims against state and municipal prisons and jails under Title II of the Americans with Disabilities Act (ADA). Lastly, in prisons and jails that receive federal funding, inmates with diabetes may bring claims under Section 504 of the Rehabilitation Act (504).

If you or a loved one of yours has diabetes and received improper medical care while detained in a Tennessee county, state, or federal prison, you should contact an attorney to protect your legal rights. David Raybin or Vince Wyatt may be reached at 615.256.6666