Woman Who Gave Birth Alone in Denver Jail Cell Sues City Authorities

By Jordan Culver, USA TODAY

30 August 19

Colorado woman was left alone in a cell while giving birth and jail deputies and nurses failed to provide adequate care, according to a federal lawsuit filed Wednesday in U.S District Court in Colorado. 

The lawsuit calls the day Diana Sanchez gave birth to her son "a day of unnecessary terror, pain, and humiliation that continues to cause her ongoing emotional trauma." 

A surveillance video from the Denver County Jail provided by Sanchez's lawyer, Mari Newman, shows Sanchez lying on a cell bed, crying out alone in a jail cell before she pulls off her underwear and gives birth to her son.

The lawsuit states Sanchez was "screaming in pain" and that a deputy was sent to get a nurse, but that nurse allegedly told the deputy "not to bother him until he was off the phone." 

There is no one else in the cell when Sanchez's baby is delivered — someone briefly enters the frame prior to the boy's birth and then exits. Sanchez's baby is tended to after he is born. The lawsuit states a deputy "could see the baby was crowning" and that deputy called for a nurse.

"Throughout this entire time, Ms. Sanchez's painful labor was obvious to jail and medical staff alike, via a video feed from her cell," the lawsuit states.

"Despite the fact that Denver and Denver Health medical staff were supposed to be monitoring her via video, they took no action to provide the emergency medical care that was so obviously necessary." 

According to the lawsuit, Sanchez's baby, identified as "Baby J.S.M," didn't receive proper medical care after he was born. 

"No nurse at the Denver County jail took any steps to provide necessary care to address risk factors to Baby J.S.M. associated with Ms. Sanchez's use of prescribed methadone or other high-risk prenatal issues," the lawsuit stated.

It added, "Denver and Denver Health's failure to provided Baby J.S.M. with even the most basic post-delivery care was not just negligent, it was deliberately indifferent to his obvious, serious medical needs." 

Sanchez was booked into the Denver County Jail on July 14, 2018. According to the lawsuit, Denver Health personnel noted Sanchez was more than eight months pregnant and that her due date was Aug. 9.

The lawsuit also said Sanchez was at risk for premature birth. She was examined on July 30 and told by a nurse that she needed to receive immediate medical attention if she "started having contractions if she had noticed any fluid leaking from her vagina," according to the lawsuit. 

When she went into labor the next day, Sanchez informed deputies and Denver Health nurses "at least eight times that morning, informing them each time she was experiencing contractions," according to the lawsuit.

Sanchez gave birth to her son at 10:44 a.m. on July 31, after first informing deputies she was in labor at about 5 a.m., according to the lawsuit. 

Newman told USA TODAY that Sanchez was booked after she wrote a check off her sister's bank account, "something [Sanchez] takes full responsibility for," Newman said. 

"The fact that she is in jail is exactly why they had the legal and moral responsibility to provide her with medical care," Newman said. "Every person in custody has a basic constitutional right to medical care and they abjectly failed to provide it here."

The city and county of Denver, Denver Health and Hospital Authority, and six individuals — two nurses and four sheriff's deputies — are named as defendants in the lawsuit, which states the defendants acted with "deliberate indifference" to Sanchez's pregnancy, labor, delivery and need for medical attention.

The lawsuit claims an internal investigation determined that "there were no policy violations or misconduct on the part of any" Denver Sheriff Department personnel. 

"We empathize with anyone who is in jail while pregnant, including Ms. Sanchez," Denver Sheriff Department spokeswoman Daria Serna said in a statement. "We contract with Denver Health Medical to provide comprehensive medical care at both of our jails. 

"Denver Health medical professionals are housed in the jail facilities and have dedicated medical units to provide medical services for those in our care. Ms. Sanchez was in the medical unit and under the care of Denver Health medical professionals at the time she gave birth."

The Denver Sheriff Department has changed its policies to require pregnant inmates in any stage of labor are immediately taken to the hospital, Serna said.

"Unfortunately, because there is a lawsuit pending, we are unable to provide further comment at this time," the statement said.

In a statement, Denver Health declined to comment on the lawsuit. 

"Denver Health provides high quality medical care to thousands of inmates every year," said Denver Health spokesperson Simon Crittle . "Our patients are our number one priority and we make every effort to ensure they receive the proper care."