A Texas Inmate's Newborn Died After She Gave Birth in Solitary Confinement, Lawsuit Claims

Categories: Prisons

guerreromugshot.jpeg
Texas Department of Public Safety.
One of Nicole Guerrero's mugshots.
As Nicole Guerrero lay alone in a cell, moaning and crying in excruciating pain through the birth of her daughter, she heard the detention officers laugh, she says.

"What are y'all going to do with her?" they said, according to a lawsuit Guerrero filed recently against Wichita County.

Later, she says, she called for a nurse, but the nurse said she'd be right back. Instead, Guerrero says, it was a detention officer who eventually agreed to stop and check for the baby's head. He held the baby after Guerrero gave a final push, the suit says. But Guerrero's newborn daughter was a deep shade of purple.

Guerrero is now suing Wichita County in connection with the death of her baby daughter two years ago. The suit also names Wichita Sheriff David Duke, the jail's private health care provider, a company called Correctional Health Care Management, and nurse LaDonna Anderson as defendants.

Guerrero has a long arrest record, and she was in jail in June 2012 on a drug possession charge. Pregnant and on medication, she alleges she went into labor while in jail at around 11 p.m., just after lockdown. She pushed a medical emergency buzzer for help, she says, but her calls were ignored until 3:30 that morning. At that point, she was bleeding profusely, but Anderson, the nurse, didn't seem concerned. According to Guerrero's complaint, the nurse brushed off Guerrero's bleeding as a side effect of the medication, and detention officers then escorted Guerrero to a separate cell, called "the cage," where she remained alone until the birth of her daughter.

After the detention officer held Guerrero's purple baby, Anderson entered the "the cage" and took the baby, Guerrero's complaint says, telling her: "Just to let you know, I had to unwrap the cord from the baby's neck, and as long as we don't cut the cord, she's gonna have some bit of oxygen to help her."

The suit claims Anderson also failed to provide any CPR to the baby, and "simply patted the baby lightly on her back until the ambulance arrived, approximately 20 minutes later."

The EMTs unsuccessfully tried to revive the baby girl. She was pronounced dead at a hospital shortly after.

Reached by the Observer, Sheriff Duke forwarded an interview request over to the Wichita County District Attorney's office. "We are unable to comment on pending litigation," the D.A.'s office wrote in an email.

According to the advocacy group the Texas Jail Project, there are an estimated 500 pregnant women incarcerated in Texas jails every month. Texas lawmakers in 2009 passed legislation requiring jails to come up with a treatment plan for pregnant women and banned jails from restraining women during labor and recovery. Two years later, ACLU investigated the five largest county jail systems in the state and found that some jails, including jails in Dallas County, continued to use shackles on pregnant women anyway.

Guerrero is currently serving time in state jail for possession of meth, theft under $1500 and possession of cocaine.

Her complaint is below:

Guerrero Complaint


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26 comments
TexMarine
TexMarine

"one of nicole guerrero's mugshots"...one

laa2005
laa2005

OMG that's terrible. Shame on everybody.

Montemalone
Montemalone topcommenter

If this story is true, every one of the "officers" and nurse should be locked up for murder.

It doesn't matter what the mother did, the baby is another human being.

I'll bet these are all bible beating "pro-lifers" to boot.

Sickening.

TexasOnePercenter
TexasOnePercenter

Christ what a bunch of assholes that comment on these stories like it's their job. When I was young I was a wild man, I loved to party and to fight, and go fast and I was in the system since having a spine is a felony these days. I can tell you right now I believe this story. While it wasn't the LEOs she dealt with I've personally seen Denton county police bust a guys head open to the bone on the wall (when he was in no way resisting) and leave him bleeding in the stock tank with all the drunks, people with speeding ticket warrants, and other folks they were trying to force to pay fines instead of sitting it out. (72 hours in holding when it's supposed to be 48 max, so many men in there there wasn't an inch of floor not covered). They let him bleed and provided no medical aid for the entire 3 days I was in there. I was lucky enough to not be sitting on the bloody side of the tank but he could easily have died from blood loss, and I know he will have a huge scar thanks to the lack of stitches. 


Cops do not give a fuck about you. You are a problem to be solved to over half the force, and the other half, the "good guys" don't do anything about the thug shit the other half pulls. They are just as bad. If I knew someone in my circle was a rapist and I did nothing that makes me complicit. If I knew a coworker was planting drugs on people, beating people to death, shooting peoples dogs for fun, and I do nothing I don't care if you are St. Michael incarnate you are just as bad as those you shield. 


Do I think this chick is probably a waste of skin walking around literally making the world worse everywhere she goes? Hell yes. One more junkie cum dumpster popping out kids. Do I believe they ignored her requests for medical care? Hell yes. And despite the callous dickheads that already commented on this story with cynical or cliche one liners, that baby is dead. Because the scum bag cops didn't care to lift a hand or provide medical care. I've been through the loss of a child, and as much as your inability to empathize disgusts me, I still retain that ability so I wont wish that experience on you. Do I think this wart on the ass of society deserves compensation? No. I think she deserves justice but since that seems in short supply I guess money is going to have to do. 

TheRuddSki
TheRuddSki topcommenter

If she wins, I wonder how she'll spend the money.

dingo
dingo

@laa2005 

And thus the shame of jailhouse obstetric neglect befell all.

welp
welp

@bvckvs there would be a paper trail and reports from the staff and nurse as to what happened, if in fact they did everything they could to help this woman during her pregnancy 

ozonelarryb
ozonelarryb

Way to miss the point. Musta jarred your head.

scottindallas
scottindallas topcommenter

@bvckvs @Montemalone you're a special kind of dumb BVCKVS.  You make it so easy to be non-partisan.  I'm not with the idiot right wingers, and I ain't with the moron left wingers (you)

bippyizod
bippyizod

@MaxNoDifference This is an educational joke with a bit of a PSA. You wouldn't get the punch line unless you completed the article and then there was that Just Say No to drugs message in there as well.    You should become a method writer for the DO. 

TexMarine
TexMarine

@ozonelarryb oh i got your point. just thought your stupid comment looked lonely, so why not add to the ridiculousness?

ozonelarryb
ozonelarryb

So you approve of this murder by neglect, by an official arm of the State? You musta been one that your chain of command couod depend on to obey even the most inhumane illegal orders. The phew, the proud.

This story perfectly illustrates the charge that our pro life ranters completely drop the ball when faced with a baby. They are perfectly content to let their neighbors abuse, starve, or imprison children; strip them of their rights when they walk into a school.. etc.

TexMarine
TexMarine

@ozonelarryb no larry, i just dont believe anything meth addicted alley cats say. especially considering she had to be told by the jail ob that she was 34 weeks and had a vaginal infection. i choose to let people make their own choices and certainly dont get bent out of shape when the consequences of these choices make the DO. 


i also like to expose how crazy some of you are, and you've played your part perfectly. you made an assumption that the jailers are pro life, without proof. you're trying to allege that i'm some sort of jack boot who doesnt know a lawful order from a war crime, but yet we all know you're completely ignorant. thank you for your participation and we all look forward to your insult laden and fact based response.it provides us all with an insight to that sunshine and success filled life of yours.


for the record, the only victim of this story IS the baby. its heartbreaking that she had to be born to such a lowlife, who deserves nothing as a result of this incident. had she been born, she would be a ward of the state, with odds stacked highly against her. without an autopsy, there is no proof of how the baby actually died. this will all come out and the case will get tossed; wait and see.

scottindallas
scottindallas topcommenter

@TexMarine @ozonelarryb  "i choose to let people make their own choices and certainly dont get bent out of shape when the consequences of these choices make the DO. "


Get it, you just espoused the pro-choice line, but aren't pro-choice, that's the irony of your addled comments

tdkisok
tdkisok

@TexMarine


Another post from your sorry ass making assumptions. You really are an asshole. 


Bottom line, the medical care in the Texas Corrections system is horrible. She was in labor and obviously not lying about it. She and the baby were neglected. The fact the mother was a crackhead with a long criminal doesn't change that.....unless you are a stupid, heartless fuck. 



TexMarine
TexMarine

@scottindallas Lol. nice try. I can see why you live the sad life you do, always trying, and failing. She made her choice, it doesn't mean that I need to be on-board with any of them.

TexMarine
TexMarine

@tdkisok Thanks for your personal insight on the treatment of you and your fellow criminal subclass. Fuck you and your lot.

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