The Real Cost of Prisons Weblog

Across the state line, former Johnson County inmate Michelle Hauck said authorities were told that she was carrying twins and that her doctor had recommended bed rest for a condition potentially fatal to a fetus. Instead, Hauck said, she was made to mop behind bars. The next day she was rushed to a hospital, shackled at the ankle, and later gave birth prematurely. Both newborns died.

Salva's attorney said he has an obstetrician's opinion that prompt attention would have prevented the miscarriage. It cannot be determined whether incarceration hastened the end of Hauck's pregnancy.

Neither case is unique.

In Wichita, a pregnant woman stunned by a Taser when arrested alleges that the shocks -- and a lack of jail care -- led to her miscarriage.

In Tampa, Fla., Kimberly Grey is suing over the death of her son, who was born over a jail cell toilet and died en route to the hospital. Grey said she told officials of her labor pains for 12 hours before the birth.

Former inmate Shawanna Nelson sued the Arkansas prison system for shackling her during 12 hours of labor and delivery. Her attorney said Nelson suffered a hip separation possibly caused by shackling.

On Thursday, Kansas City Police Chief James Corwin said the behavior of the officers on a video of Salva's arrest is "inconsistent with the values and policies of this department" and with their training. The officers are on paid leave pending an internal investigation.

In interviews or court records, the other jurisdictions have denied that their staffs violated policy or were negligent.

Amnesty International considers leg shackles on pregnant women "cruel, inhuman and degrading," but only Illinois and California have laws regulating the practice during labor and delivery. Some other corrections departments have internal policies on restraining pregnant inmates.

Although men make up the majority of the nation's inmates, the nation's female prison population increased at a faster rate, according to the U.S. Department of Justice. And at least 5 percent of women entering prison and 6 percent entering local jails are pregnant.

"There should be policies and procedures in place for handling pregnant women," said Dori Dinsmore, with Amnesty's regional office.

The Kansas City Police Department policy says anyone under arrest "may be priority released" from jail when medical care is requested or required.

But that didn't happen quickly enough for Salva, according to her lawsuit.

The Sudanese native was stopped about 10:45 p.m. Feb. 5, 2006, near Ninth Street and Brooklyn Avenue for driving with a fake temporary license tag. A police car videotape shows her telling arresting officers at least 20 times that she was pregnant and bleeding and wanted to go to the hospital.

Instead, she was arrested on the license tag charge and on outstanding city warrants for mistreatment of children, trespassing, driving while suspended and other traffic violations. Salva said she continued to request help at the jail until the next morning, when she allegedly passed a large blood clot. She was taken to Truman Medical Center, where she gave birth to a premature baby boy who lived one minute, according to the lawsuit.

It is not uncommon for police officers to encounter people who lie, even about being ill, to avoid arrest, said Van Muschler, who heads the Metropolitan Community College's Blue River Public Safety Institute in Independence.

He could not speak specifically to the Salva case. But when it comes to determining the truth of medical claims, Muschler said, his school trains officers to err on the side of caution and call an ambulance.

"They are the professionals and can assess that individual," Muschler said. "Peace officers are not trained to make that determination."

Johnson County justice officials thought jailing Hauck was the best way to protect her unborn twins.

The 31-year-old Edgerton woman had a history of drug use and had smoked marijuana while on probation. And Johnson County has no secure drug treatment centers designed for pregnant probationers.

"That's (incarceration) the only way to ensure the safety of the children," probation officer Trisha Daniels said at a Sept. 25 probation hearing.

Judge Peter Ruddick agreed and sent Hauck to the county jail in Olathe. She was 21 weeks pregnant.

Hauck's medical records were not presented at the probation hearing, the transcript shows, but her attorney, Mark Lewis, argued that her pregnancy was "high-risk" and that Hauck should stay out of jail and see her own doctors.

"They seemed unmoved," Lewis said. "It was just a horrible tragedy that I think everyone regrets."

In jail, Hauck's already fragile condition worsened.

"I mopped, and then the next day my water broke," said Hauck, who added that she had stopped using drugs upon learning she was pregnant.

Hauck was taken from the jail to the University of Kansas Hospital on Oct. 1. Five days later at 8:15 p.m., she gave birth to Tristan Dennis Schmitt. His heart beat for two hours. At 9 p.m., Leland Ryan Schmitt was born and whisked to intensive care. He died about 24 hours later.

"The punishment she was getting did not fit the crime," said James Schmitt, 34, Hauck's husband. "This is a life sentence for all of us."

Johnson County officials deny any mistreatment or policy violations in Hauck's case. Pregnancy alone is not considered a medical risk, but the Johnson County Sheriff's Office said a pregnant inmate experiencing complications would be restricted from cleaning jobs.

No such restrictions were placed on Hauck, Deputy Tom Erickson said.

Because some jail records are closed, it's impossible to assess what jailers knew about Hauck's medical condition. The jail doesn't record which duties inmates perform.

Corrections overseers said health care for female inmates has improved.

"Fifteen or 20 years ago ... I would have said jails needed to change, but now so many women are incarcerated, most jails are used to providing health care for women," said Edward Harrison, president of the National Commission on Correctional Health Care, an accreditation agency that certifies Johnson County's jail.

In Johnson County, Capt. Michael Raunig said that nurses are on duty around the clock and that the jail contracts for doctors to make regular visits. The cost of inmate medical care in Johnson County has climbed steadily from nearly $2.2 million in 2002 to about $3.4 million in 2005.

"I wish the pregnant inmates were our biggest concern," Raunig said. "Not to downplay that, but we deal with a lot of medical issues. Inmates get sicker and sicker all the time."

Brett Shirk, with the American Civil Liberties Union of Kansas and Western Missouri, said jails and prisons are obliged to offer proper medical care.

"It doesn't matter if you're not Mother Teresa," Shirk said. "When the state takes away your freedom, they have to guarantee your personal safety."

To reach Benita Y. Williams, call (816) 234-7714 or send e-mail to bwilliams@kcstar.com.