Settlement Reached in Civil Rights Lawsuit for Woman Who Gave Birth Without Medical Help in Alabama Jail

NEW YORK – Today, Pregnancy Justice, along with co-counsel Southern Poverty Law Center and Sullivan & Cromwell LLP, announced a settlement in a federal civil rights lawsuit brought on behalf of Ashley Caswell. The settlement resolves claims of deliberate indifference to Ms. Caswell’s prenatal and postpartum medical needs while she was in the custody of an Alabama jail. In violation of her constitutional rights, Ms. Caswell was left to give birth unassisted in a jail shower.

The lawsuit was filed in October 2023 on behalf of Ms. Caswell against Etowah County and officials at the Etowah County Jail; jail medical contractors Doctors’ Care Physicians and some of its employees; and CED Mental Health Services. Following negotiations and mediation, all defendants entered into settlements with Ms. Caswell. Under the agreements, the terms of the settlements are confidential.

“I felt they treated me like I was less than nothing, and I was terrified my baby and I would die. I decided I had to speak up by filing the lawsuit,” said Ms. Caswell. “It wasn’t easy standing up for myself, but reaching this point today lets me know I made the right decision to sue. I hope they’ll take steps to make sure this doesn’t happen to another woman again.”

As alleged in the complaint, Ms. Caswell was two months into her high-risk pregnancy when she was jailed in March 2021. In October 2021, Ms. Caswell’s water broke inside the jail, but she was not taken to the hospital and eventually delivered alone in a jail shower, suffering excruciating pain and experiencing a life-threatening placental abruption.

“This settlement sends a clear message: A person’s carceral status doesn’t make them any less human or less deserving of civil rights,” said Pregnancy Justice Senior Staff Attorney Emma Roth.

“It has been a privilege to represent Ms. Caswell in her efforts to seek redress for her traumatic experience at the Etowah County Jail,” said Sullivan & Cromwell Partner Beth Newton.

Ms. Caswell’s mistreatment is part of a disturbing pattern of inhumane treatment at the jail, where most pregnant women are held on Chemical Endangerment of a Child charges for alleged drug use. Alabama leads the nation in pregnancy-related prosecutions, and the Etowah County district attorney has said that not prosecuting these cases would make the county complicit in child abuse. However, by incarcerating pregnant women like Ashley and depriving them of necessary medical care, Etowah County puts both maternal and fetal health at risk.

Moreover, punitive responses to pregnancy and substance use discourage pregnant women from seeking medical care and worsens health outcomes. Alabama also consistently ranks near the bottom for maternal and fetal outcomes.

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Pregnancy Justice advances and defends the rights of pregnant people, no matter if they give birth, experience a pregnancy loss, or have an abortion. No one should lose their rights because of pregnancy.