Warren, Pressley, Lawmakers Renew Push To Hold Officers Liable for Denying Medical Care to People in Custody

Warren, Pressley, Lawmakers Renew Push To Hold Officers Liable for Denying Medical Care to People in Custody

There is no federal law that imposes criminal liability on federal law enforcement officers who fail to seek medical assistance when individuals in their care are experiencing medical emergencies.

Bill Text | One-Pager

Washington, D.C. - United States Senator Elizabeth Warren (D-Mass.) and Representative Ayanna Pressley (D-Mass.) reintroduced the Andrew Kearse Accountability for Denial of Medical Care Act to hold federal law enforcement officers criminally liable for negligently failing to obtain medical assistance to people in custody experiencing medical distress.

On May 11, 2017, Andrew Kearse, a 36-year-old Black man, died of a heart attack in the back of a police cruiser after begging a police officer for help. Rather than providing Mr. Kearse with medical assistance, the officer dismissed his pleas and wasted precious minutes waiting until after Mr. Kearse became nonresponsive to call for medical assistance. Despite failing to seek potentially life-saving care for Mr. Kearse, the officer involved was not charged with a crime.

"Officers who fail to obtain potentially life-saving care for people in their custody must be held accountable," said Senator Warren. "Andrew Kearse's death was preventable, and this bill is a step towards justice for him and all who died an unnecessary death while in custody."

The Andrew Kearse Accountability for Denial of Medical Care Act would:

• Hold federal law enforcement officials criminally liable when they negligently fail to obtain or provide medical care to individuals in their custody who are experiencing medical distress, if the individual suffers unnecessary pain, injury, or death as a result.

• Require training for federal law enforcement officials on assisting individuals in medical distress.

• Direct the Inspectors General of the agencies that employ federal law enforcement officers to investigate potential violations and refer them to the Department of Justice for prosecution.

This legislation is co-sponsored by Senators Edward J. Markey (D-Mass.), Richard Blumenthal (D-Conn.), Bernie Sanders (I-Vt.), Mazie Hirono (D-Hawaii).

The Andrew Kearse Act was first introduced in 2020 after the lawmakers committed to introducing the legislation during a conversation with Andrew's widow, Angelique Negroni-Kearse.

"No one should die because they were denied medical care while in custody. Andrew Kearse's death and many others like his were preventable and demand accountability," said Rep. Ayanna Pressley. "While true justice would mean Andrew Kearse would be alive today, our legislation would deliver accountability by holding federal law enforcement officers criminally accountable for failing to respond accordingly to medical emergencies. I am grateful for Angelique Negroni-Kearse and partners in the work of creating a fair and just criminal legal system."

"I want to thank all of you who have shown continued support not only for me and my husband but for everyone who has fought the good fight. I want the names of Andrew Kearse, Eric Garner, Mike Brown and George Floyd to not be a passing memory but something that sticks with us through the toughest of times so that we can remember the trials and tribulations those before us have suffered. I also want to thank Senator Warren and Ayanna Pressley for helping with the passing of the Andrew Kearse law. I want to strive for a future where the words I can't breathe come from a place of laughter not from a place of fear. A future where our youth doesn't have to worry if it's their last day on earth. A future where everyone can breathe," said Angelique Negroni-Kearse, widow of Andrew Kearse.

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