The family of diabetic inmate Louis Jung Jr. who died at Curran-Fromhold Correctional Facility in Philadelphia, Pennsylvania, filed a US federal lawsuit on Wednesday, alleging that the jail withheld insulin and proper medical care, leading to his death.
The plaintiffs, Jacob and James Jung, the sons of Louis Jung Jr., are suing the City of Philadelphia, YesCare Corp, Carney, Lalitha Trivikram, Maureen Gay, and Doe Defendants 1 to 10. Louis Jung Jr., who had Type 1 diabetes, died from diabetic ketoacidosis at the Curran-Fromhold prison on November 6, 2023. His sons assert that his death was preventable.
The complaint asserts that the City of Philadelphia is responsible for providing medical care to inmates at the Philadelphia Department of Prisons (PDP), including those at Curran-Fromhold Correctional Facility in Pennsylvania. Inmates, especially those with “serious, chronic illnesses,” rely on the care provided by the facility. Louis Jung Jr. had been incarcerated since December 2021, and the complaint alleges that the defendants had failed to provide a care plan, stabilize or test glucose levels, delayed emergency care and placed him in a cell where he could not access medical care or receive insulin, resulting in death by diabetic ketoacidosis.
The complaint relies on 42 U.S.C. § 1983, civil action for the deprivation of rights, 42 U.S. Code § 12131, which defines a qualified individual with a disability, and 29 U.S. Code § 701. The complaint is also brought under the Fourteenth Amendment of the US Constitution, which prohibits the State from depriving any person of life, Section 504 of the Rehabilitation Act of 1973, which forbids discrimination against people with disabilities, and Title II of the Americans with Disabilities Act, concerning “non-discrimination on the basis of disability in State and local government services.”
Two other inmates died by diabetic ketoacidosis while in the custody of Philadelphia Department of Prisons in 2014 and 2021. Every year, the American Diabetes Association publishes standards of care to guide medical providers in treating diabetes. 2 million Americans have Type 1 diabetes, and in 2021, diabetes was the eighth leading cause of death. Insulin is vital in the treatment of diabetes and lack of treatment can lead to life-threatening conditions, such as ketoacidosis.
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