S.1914 - Andrew Kearse Accountability for Denial of Medical Care Act of 2025 (119th Congress)
Summary
S.1914, the Andrew Kearse Accountability for Denial of Medical Care Act of 2025, aims to ensure that federal law enforcement and prison officials provide immediate medical attention to individuals in custody who display medical distress. The bill introduces penalties for officials who negligently fail to do so, including fines and imprisonment. It also mandates Inspector General investigations into such incidents and requires training for covered officials on providing medical assistance.
Expected Effects
The bill's passage would likely lead to increased accountability for federal law enforcement and prison officials regarding the medical care of individuals in custody. This could result in improved medical outcomes for detainees and a reduction in instances of unnecessary pain, injury, or death. The establishment of a confidential complaint process and mandated training could also foster a culture of greater awareness and responsiveness to medical needs within federal agencies.
Potential Benefits
- Increased accountability for federal officials regarding medical care for those in custody.
- Improved medical outcomes and reduced suffering for individuals in federal custody.
- Establishment of a confidential complaint process for reporting medical neglect.
- Mandatory training for federal officials on providing medical assistance.
- Potential for civil action by state attorneys general to address violations.
Potential Disadvantages
- Potential for increased litigation against federal law enforcement and prison officials.
- Possible strain on resources for training and investigations.
- Risk of frivolous complaints burdening the Inspector General's office.
- Ambiguity in the definition of 'medical distress' could lead to inconsistent application of the law.
- Potential for the law to be used to harass or intimidate law enforcement officials.
Constitutional Alignment
The bill appears to align with the Eighth Amendment, which prohibits cruel and unusual punishment, as it seeks to ensure that individuals in federal custody receive necessary medical care. The Tenth Amendment reserves powers not delegated to the federal government to the states, but this bill focuses on federal officials and federal custody, thus remaining within the scope of federal authority. The bill's provisions for due process and equal protection under the law also align with the Fifth and Fourteenth Amendments.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).