HCP Draft Work #2

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Here are some notes that I used to contextualize my argument for the HCP. As I composed my paper, I actually didn't end up using most of these court cases to support my argument because my paper did not focus on legal underpinnings found in case law. Instead, I used a lot of anecdotes from scholarly sources and statistical evidence to back up my claims. Furthermore, most of these court cases are highly spread apart and date back to 50 years ago and were not appropriate because the HCP is supposed to be a problem that is relevant to society today. Ultimately I want to show how much research I did like I mentioned in the Reflective Introduction, and this is an example of some work that I did not use in my final essay (with exception to the last two sources).

Timeline: Events/Laws/Court Cases/Movements (5 Minimum)

  1. Youngberg v. Romeo (1982) [p.16 reproductive and prenatal rights of incarcerated…]
    a. 
    Ruled that a prison cannot deny an inmate’s needed medical treatment
    b. “Needed medical treatment” encompasses comprehensive prenatal care. Pregnant women require routine medical checkups to ensure a healthy pregnancy because dangerous medical conditions may develop in the third trimester, such as preeclampsia (high blood pressure and fluid retention) and toxemia (blood poisoning from infections)
    c. The provision of inadequate prenatal care violates an inmate’s Eighth Amendment rights from “cruel and unusual punishment

  2. Skinner v. Oklahoma (1942) [p. 5 reproductive and prenatal rights…]
    a. Recognized an individual’s right to conceive and raise a child
    b. Struck down a statute that that punished some criminals with forced sterilization (destroying a woman’s ability to reproduce by removing her sex organs or prohibiting their functions)
    c. Reproduction is “one of the most basic civil rights of man” and forced sterilization violates the Fourteenth Amendment’s due process clause which states that no man should be “deprived of life, liberty, or property, without due process of law”

  3. Turney v. Safley (1987) [p. 5]
    a. Court found that, although in prison, inmates continue to possess all of their constituional rights that are not inconsistent with their status as prisoners
    b. Established precedent, specifically fundamental right to marry; however, states that any prison regulations that infringe on an inmate’s constitutional rights must be reasonably related to legitimate penological concerns
    c. Pregnant inmates deserve optimal prenatal health care (fundamental right, as inadequate health care violates Fourteenth Amendment)

  4. Boswell v. Sherburne County (1988) [p. 8]
    a. A pregnant woman sued prison officials in Minnesota after they gave her only sanitary pads and refused to provide a doctor for her although she was obviously cramping, “bleeding and in considerable pain”
    b. After many hours passed, police finally called an ambulance. The woman gave birth within 30 minutes of the ambulance arriving, and due to delayed medical treatment her newborn son died soon thereafter

  5. Harris v. McCarthy (1981)
    a. Pregnant and postpartum women brought a class action lawsuit against against the California Department of Corrections
    b. The women stated that prison officials “failed to conduct or permit regular medical examinations of the inmates, to detect or respond to pregnancy complications or the particular needs of high-risk pregnancies, to respond to emergencies relating to pregnancy and delivery and to provide the appropriate diet, medication, and vitamins.
     
  6. Establishment of First Prison Nursry in California (2006)
    a. first prison nursery in California was established in the  California Institution for Women in Corona. 20-bed unit for expectant and new mothers and their babies

  7. Nelson v. Correctional Medical Services (2009) [ACLU.org]
    a. Shawanna Nelson, an Arkansas woman who was shackled to her hospital bed while in labor in 2003, a federal appeals court today said that constitutional protections against shackling pregnant women during labor had been clearly established by decisions of the Supreme Court and the lower courts.

  8. Anti-Shackling Bill 2009 (source)
    a. New York Senate passed a law that prohibits the inhumane practice of shackling pregnant inmates who are in labor. The bill prohibits state and local correctional authorities from using restraints on a pregnant inmate who is transported for childbirth, during labor and delivery, and in post-natal recovery.
    b. An exception to this rule is made under “extraordinary circumstances” where restraints are determined to be necessary to prevent the woman from injuring herself, medical or correctional personnel. In these instances, a pregnant woman may be cuffed only by one wrist.
    c. Senator Montgomery claimed that the use of shackles presents a grave health risk for both the mother and her unborn child

  9. Anti-Shackling Bill December 2015 (source)
    a. Despite that passing of the 2009 bill, multiple accounts of women still being shackled during pregnancy were reported and that prisons were violating this law
    b. This bill would strengthen the 2009 bill that banned the shackling of incarcerated women during childbirth and expand protections to women throughout their pregnancies and eight weeks postpartum. The bill’s provisions would apply to all state and local correctional facilities in New York.
    c. The bill requires corrections officials to: (1) train corrections and medical staff on the law annually, (2) inform incarcerated pregnant women about their rights under the law, and (3) post information about the law in prominent areas where medical care is provided to incarcerated women
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