Woman in jail had to give birth in solitary!

a reply to: crazyewok

Just few days ago you were thrilled to see 3 human beings being mauled by a beast and you laughed at it... www.abovetopsecret.com... what exactly gives you the right, to participate on a thread like this? This is about human life... for it, or against it. Anyway you have no say on it... when some cow, or giraffe has an abortion, if Joe wants his chicken wings medium or well roasted, or someone decides a sheep should or shouldnt be cloned I'll be sure to call you to defend it's rights, but... for a human, I don't think you have a valid opinion - not after that obnoxious thread of yours.

Having read the article that is provided, there are questions that should be answered and is not there, it lacks information. However, what is there can be stated:

This woman was picked up on the charge of narcotic possessions and put into jail. She was pregnant, and told those who had her in custody that she was 8 and ½ months pregnant. And she was put into solitary confinement. While there, she went into labor and was ignored during the entire process, save at the end when, according to the woman, one of the staff did go in to assist her in giving birth. Due to complications, the cord being around the neck, the child died.

That is what we do know and ultimately it is all we know at this time when it comes to this case.

While we should feel sorry for the child, as no child should be born, the first question should be asked, is would it had made a difference if she was in a hospital or not? Would there had been a chance if that child would have survived or been able to be revived, if this woman was transported to a hospital to give birth?
At any time, when the staff member was present, was the on staff medical person contacted about the birth that was occurring? Was the medical staff on their way there when the child was born, or present after to render medical aid to the child and mother? And the woman, does she have a criminal history?

There are too many questions that are not being answered, and we are left trying to determine what happened and why and how. While it is true that under the justice system a person is considered innocent until proven guilty in a court of law, and it can be reasonably argued that for the woman and the child’s safety, the woman should have been in solitary custody, to prevent anything from happening. However, there are still questions as to how the woman was acting at the time of the arrest and how her actions were while in custody.
It is not up to the staff there to give a complete physical, ultimately, if a person who is arrested has a medical condition, they should let the officers know of their medical condition. The medical staff there has to ensure the general well being of the entire population there. Until more information comes out, we can not say who is right or wrong in this case.

originally posted by: AprilFooseball
a reply to: HomerinNC


DAMN, well that changes everything, I didn't realize the jail was responsible for getting her pregnant.

Yep you are right they should have taken responsibility for HER ACTIONS 8.5 months before she DECIDED TO DEAL/USE DRUGS.

The Eighth Amendment of the Constitution protects prisoners from “cruel and unusual punishment.”

The U.S. Supreme Court has decided that failing to provide medical care to prisoners violates this amendment. In 1976, the Court explained in Estelle v. Gamble www.law.cornell.edu... that “deliberate indifference” - purposely ignoring the “serious medical needs” of prisoners — amounts to “cruel and unusual punishment” forbidden by the Eighth Amendment.

In addition, the Supreme Court ruled that claims for a violation of the right to medical care must have an objective component and a subjective component. A prisoner must first prove that the harm was “sufficiently serious” (the objective component). A prisoner must then show that the prison official responsible knew and ignored “an excessive risk to [the] inmate[’s] health or safety” (the subjective component). Since deciding Estelle, the courts have tried to clarify the meaning of “serious medical need” and “deliberate indifference.”

The delivery of a child does constitute serious medical need, and refusing to provide adequate medical conditions during labor is considered unconstitutional according to Doe v. Gustavus casetext.com...-tXafiuI

a reply to: sdcigarpig

A cord being wrapped around a child's neck, should the woman have been taken to a hospital, would have been found by doctors and caused the woman to have received an emergency cesarean section. This happens all the time. The child's life, should the woman have been hospitalized for her labor and subsequent delivery, would have been saved.

There is no doubt of that.

As for the legal aspects, that is also clear, please read my above post including the cases.

originally posted by: FraternitasSaturni
a reply to: crazyewok

Just few days ago you were thrilled to see 3 human beings being mauled by a beast and you laughed at it... www.abovetopsecret.com... what exactly gives you the right, to participate on a thread like this? This is about human life... for it, or against it. Anyway you have no say on it... when some cow, or giraffe has an abortion, if Joe wants his chicken wings medium or well roasted, or someone decides a sheep should or shouldnt be cloned I'll be sure to call you to defend it's rights, but... for a human, I don't think you have a valid opinion - not after that obnoxious thread of yours.

What give me the right? Hmm let me think? FREEDOM OF SPEECH!

They put themselves in that ring with a bull willingly if they get mauled tough titties.

And as for THIS thread? My point still stands the legal system is innocent until proven guilty. So mistreating someone awaiting trial in custody goes against that.

a reply to: OpinionatedB
While you are correct in the legal case, and points for bringing it up, here is the question that could be brought up.

The standard length of time for a pregnancy is 9 months. Most police officials do not go into medical details, the laws are very specific on such, with the privacy between the patient and doctor being protected.

As I stated, we do not know what all was going on, and there are too many questions that are not being answered. Another question that should be asked, was there any drugs in the mothers system at the time of her arrest?
But beyond that, the major concern should be, are people who are jailed, are the basic medical problems being addressed and are they getting adequate care. How much medical care should a person be getting when in jail or prison? What are the requirements that should be met? If there is a staff doctor, does that doctor need to be a specialist or a generalist?

It is sad that the child died due to a lack of medical care, of that there can be no doubt. But this woman, how much of a mother would she had been if she was breaking the law and if convicted, would have lost all parental rights and custody to her child from such. The state would have been in their lives for a very long time.

Why did I know before I Clicked on the link that this took place in Texas?
Tragedy no matter where...

She did not know she was 8 1/2 months pregnant until a doctor informed her after she went in for an unspecified infection. She was unhealthy and did not have any prenatal care. Not good for the baby.

She was arrested on drug posession charges just a week before. It is more than likely she was heavily using drugs and/or alcohol throughout her unknown pregnancy. Not good for the baby.

Maybe this poor child is better off.

But there should be a thorough investigation to find out what exactly happened.

Things of this nature are sadly, all to frequent.

If this was indeed a "jail" then it is a pre-trial facility, and she hadn't yet been found guilty.

There are so many cases like this that never makes the news. The jails usually settle out of court, or the victims families are to poor to mount any kind of lawsuit.

originally posted by: AprilFooseball
a reply to: Aazadan

Ahh another bitchy whiny apologist...

here is the moral to my story: "don't get get pregnant and sell drugs, it may get your child killed"

My question is, why does this even need to be said? Are we too stupid to recognize that a life of criminal activity will end badly?

Lets just refresh: this wasn't some "kid", the mother had an UNBORN CHILD she was carrying. Did she forget about that while she was breaking the law, I think not.

For those of you that haven't been in jail, It is not a pretty place.

Apologist?

The woman hadn't yet been brought to trial, she was arrested for something (and we can all be arrrested for anything) but the charges weren't yet proven in court. Furthermore, while in custody you are entitled to medical care, to withhold it is a violation of the eighth amendment. All this on top of being in solitary confinement which is classified as torture and has been proven to cause permanent mental damage.

Just because someone is allegedly breaking the law doesn't automatically subject them to the most inhumane punishments possible.

Are you the type that thinks it's a good thing our prisons come with rape rooms and torture chambers? Because hey... those prisoners deserve it.

This entire article is based solely on the report of the "victim". There are no facts concerning whether or not she received medical care. She had apparently received some care for an infection while she was in custody as that's how she found out she was pregnant. Convenient that the suit wasn't filed for "almost" two years as the statute to file is 2 years. I sense someone looking for a cash payout not justice for the child that died.

a reply to: TXTriker

Lawsuits cost money. When you're poor you're lucky if you can get the cash together in time for the statute.

a reply to: TXTriker In this day and age $$$=justice and she may have had a hard time getting representation but nothing should derail the fact that what she alleges is a total violation of human rights. No matter what people think about this person or if she would have been a bad mother the fact is a baby died because the system failed her. Prisoners still have rights as do unborn children.

originally posted by: Slickinfinity
a reply to: TXTriker In this day and age $$$=justice and she may have had a hard time getting representation but nothing should derail the fact that what she alleges is a total violation of human rights. No matter what people think about this person or if she would have been a bad mother the fact is a baby died because the system failed her. Prisoners still have rights as do unborn children.

As you stated, she alleges it happened. I have no qualms jailing the officers involved if it happened the way she said it did. Anyone that would allow that is an animal. My point is, once again, everyone is jumping to the conclusion that the one side is absolutely the truth without all the facts.