Cruel (and not unusual) punishment

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In the Collier County Jail in Florida, Joan S. repeatedly sought medical attention because she was near her due date and leaking amniotic fluid; this went on for almost two weeks. By the time she got an ultrasound, the doctor informed her that all of her amniotic fluid was gone and her fetus's skull had collapsed. Jail officials then delayed taking her to the hospital, putting her at risk for septic shock the longer the dead fetus remained inside her. As if this were not bad enough, the jail delayed giving her a shot she needed because she has RH-negative blood, which could cause complications if she becomes pregnant in the future. She was only 22.

The malign neglect of Joan S. is hardly an anomaly. Rather, as Rachel Roth, documents in The Nation, it's closer to business as usual in US prisons.

The Nation reports

Over the past year, incarcerated women and their allies have achieved a remarkable string of victories against inhumane treatment. First, they persuaded the Bureau of Prisons to issue a new policy in October 2008 limiting the use of restraints on women who are in labor, giving birth or recovering after childbirth; the Marshals Service, which transports people in federal custody, followed suit. Next, they won legislation in the spring and summer of 2009 restricting the use of restraints on pregnant women in New Mexico, Texas and New York. Finally, they successfully petitioned the US Court of Appeals Eighth Circuit for a rehearing of the full court in a case from Arkansas, which resulted in a ruling in October that shackling women in labor is unconstitutional.

These developments send a strong signal to the rest of the country to stop subjecting women to this dangerous and degrading practice. But what happens to pregnant women in prison before they wind up in chains at a hospital?

When women are brought to a hospital in shackles, the pain and humiliation they endure likely caps months of difficulty from being pregnant behind bars, months without adequate prenatal care or nutrition, or even basics like a bed to sleep on or clothes to accommodate their changing shape.

The lack of common sense and compassion with which imprisoned pregnant women are treated is chilling. Three stories illustrate the dangers women face when they cannot get anyone to take their medical needs seriously.

 

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About this Entry

This page contains a single entry by Phil Leggiere published on December 16, 2009 2:03 AM.

25 Days in Jail for giving water to illegal immigrants was the previous entry in this blog.

4 year-old boy suspended from Nursery school for long-hair is the next entry in this blog.

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