Is it illegal for the police to fail to allow you access to your medical supplies if you clearly stated the need for intervention?

UPDATED: Jan 21, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 21, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it illegal for the police to fail to allow you access to your medical supplies if you clearly stated the need for intervention?

My sister is type 1 diabetic (in need of insulin shots at certain times, blood checks and required amount of carbs for meals). She volunteered to answer detectives questions at the police station. At arrival they had her leave her bag of shot supplies with them before entering the room to be questioned. They then proceeded for 8 hours without break. My sister told them repeatedly throughout this time that she needed food and her insulin or she may pass out. Sure enough near the end of questioning my sister collapsed and they had to take her by ambulance to the hospital.

Asked on January 21, 2015 under Personal Injury, California


Jason Ostendorf / Law Ofice of Jason Ostendorf

Answered 8 years ago | Contributor

Whether the state is liable for negligence depends on whether the officer acted unreasonably, and thereby caused an injury.  Since your sister was taken to the hospital, it seems pretty clear that the lack of medical intervention caused the injury.  The question is whether the police failed to follow proper protocol.  This will likely turn on whether the police department's pertinent internal practices and routine or policy manual addresses the issue.  If there is no such manual, then, if your sister had no prior criminal history or other facts that would reasonably lead law enforcement to mistrust her, then she should have a case.  At least that's how it would be here in Baltimore - I am a Maryland personal injury lawyer.  There are usually strict deadlines to sue the state, so she should consult with a lawyer in her state immediately.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption