The Undergraduate Law Review at UC San Diego

This paper discusses the vulnerability of diabetic individuals when they are subjected to arrest procedures in criminal law. It analyzes the wrongful arrest theory as a device for individuals with disabilities to bring claims against law enforcement when their rights under Title II of the Americans with Disabilities Act (ADA) are violated. Individuals with diabetes constitute more than 10% of the United States population, meaning that many individuals are at risk for police misconduct because of their disability. The symptoms that come about with having diabetes, such as fruity-smelling breath and loss of coordination, can be mistaken for illegal activity leading to a wrongful arrest. No case involving ADA Title II violation claims against law enforcement relying on the wrongful arrest theory has been brought by an individual with diabetes. This paper explores the possibility of its potential success. To accomplish this, this paper first defines disability under the law, including diabetes. It then conducts a thorough analysis of the wrongful arrest theory in various case studies consisting of non-diabetic and diabetic plaintiffs. In a final case study, I apply the wrongful arrest theory to a case hypothetically to illustrate the plaintiff's potential success if he claims a wrongful arrest. Lastly, I explore some of the theory’s limitations and propose a potential solution. I hope that my findings will emphasize the lack of discourse surrounding individuals with diabetes in disability law and encourage further research and education on the wrongful arrest theory as a successful claim against Title II violations committed by law enforcement.