Delivering Justice — A Case for the Medical Civil Rights Act

This article advocates for statutory protections ensuring timely emergency medical care during law enforcement encounters in the U.S. The authors highlight a legal gap: although people in custody are constitutionally entitled to reasonable care, no federal law guarantees immediate medical attention in pre-arrest scenarios. Only Connecticut, as of 2023, has enacted the Medical Civil Rights Act, mandating prompt care by law enforcement. The article presents sobering data thousands die annually in custody, often with preventable medical crises beginning during initial police contact. Analysis of deaths reveals delays, inconsistent policies, and poor data collection. Existing remedies, including litigation, fail to establish accountability or ensure structural reform. The authors call for a national Medical Civil Rights Act to affirm an enforceable right to emergency care during all interactions with police and corrections personnel, supported by robust reporting systems to drive transparency and prevent unnecessary deaths.

This article advocates for statutory protections ensuring timely emergency medical care during law enforcement encounters in the U.S. The authors highlight a legal gap: although people in custody are constitutionally entitled to reasonable care, no federal law guarantees immediate medical attention in pre-arrest scenarios. Only Connecticut, as of 2023, has enacted the Medical Civil Rights Act, mandating prompt care by law enforcement. The article presents sobering data thousands die annually in custody, often with preventable medical crises beginning during initial police contact. Analysis of deaths reveals delays, inconsistent policies, and poor data collection. Existing remedies, including litigation, fail to establish accountability or ensure structural reform. The authors call for a national Medical Civil Rights Act to affirm an enforceable right to emergency care during all interactions with police and corrections personnel, supported by robust reporting systems to drive transparency and prevent unnecessary deaths.