Alabama Mother Sues County Jail After Forced Preterm Birth Without Medical Aid

An Alabama woman has filed a federal lawsuit against Houston County, its jail, and officers, alleging they violated her constitutional rights by denying medical care during a preterm birth in a jail cell.

The lawsuit, filed on June 4, 2024, accuses the county and jail staff of deliberate indifference to serious medical needs and denial of medical care in violation of the 14th Amendment.

Timeline of Events

Tiffany McElroy, then 34 weeks pregnant, was arrested on May 23, 2024, in Houston County, Alabama, on chemical endangerment charges. The charges stemmed from allegations that McElroy had used substances during her pregnancy, a claim that exposes children—including fetuses—to controlled substances or drug paraphernalia.

On the early morning of May 26, 2024, while detained at the Houston County Jail, McElroy informed jail staff that her water had broken. Medical experts consider this a medical emergency when it occurs before 37 weeks, as it increases risks of serious infection, sepsis, and premature birth for both mother and child.

Jail Staff Ignored Labor Signs for Nearly 24 Hours

Despite McElroy’s clear signs of labor, the complaint states that no jail staff responded to assist her. For nearly a full day, she received no medical attention. Hours after her water broke, she met with the jail’s physician assistant and nurse, who provided only a diaper and ibuprofen—despite signs of an elevated fetal heart rate.

McElroy repeatedly requested to be taken to a hospital, but her pleas were ignored. As her abdominal pain intensified and amniotic fluid continued to leak, she was forced to attend a court appearance and move around the jail without assistance, according to the lawsuit.

Detained Women Attempted to Help as Jail Staff Delayed Care

As McElroy’s labor progressed into the second night, other women in the jail repeatedly alerted staff to the emergency, but responses were minimal. The lawsuit alleges that jail staff made no effort to conduct an emergency medical assessment or provide assistance.

By the early morning of May 27, 2024, McElroy was in severe pain and felt the urge to push. Despite her condition, jail staff did not act. One officer allegedly told another that she was forbidden from calling 911 or assisting McElroy because doing so could result in accountability if anything happened to McElroy or her baby.

Other detained women were threatened with tasing and punishment for attempting to help McElroy deliver her baby. However, women in her pod insisted on assisting her despite the risks. When McElroy’s baby was born, the infant was not crying or breathing.

Thanks to the quick actions of one of the detained women—who suctioned the baby’s mouth and nose three times and stimulated the chest—the baby began breathing, the complaint states.

It was only after the birth that officers transported McElroy and her newborn to a hospital.

Legal Claims and Next Steps

The lawsuit, filed by the nonprofit Pregnancy Justice, seeks unspecified damages and calls for changes in jail policies regarding medical care for pregnant women. The case highlights ongoing concerns about the treatment of incarcerated pregnant individuals and the adequacy of medical responses in correctional facilities.