A woman who gave birth alone in her Tarrant County jail cell in 2020 is now suing the doctor in charge of her care, after a federal court reversed its earlier ruling that protected him from litigation.
Chasity Congious is intellectually disabled and has schizophrenia and bipolar disorder diagnoses, according to court documents. Her daughter Zenorah died 10 days after Congious gave birth unattended.
A federal court previously dismissed claims against Dr. Aaron Ivy Shaw, the medical director at the Tarrant County Jail while Congious was incarcerated. The court decided there was a lack of evidence Shaw knew Congious was in pain and refused her medical care.
Judge Reed O’Connor reversed that ruling on July 16, in response to new evidence.
During the discovery phase of the lawsuit, Congious’ attorney says he found an email sent to Shaw the morning Congious gave birth. The email noted Congious was having abdominal cramps.
“The Court finds that Congious’s case must proceed in light of the newly discovered evidence so that justice may be achieved,” O’Connor wrote.
In May, Tarrant County settled a lawsuit from Congious’ mother and guardian for $1.2 million, the largest payout in county history.
The new phase of the lawsuit is another opportunity to hold someone accountable for Congious’ loss, said Jarrett Adams, the attorney representing Congious and her mom.
“This woman who’s pregnant says she doesn’t want to eat because her stomach hurts,” Adams said. “I don’t know what more do you need to have heard.”
KERA reached out to Shaw’s legal team for an interview. One of his attorneys, Jordan Parker, responded that his firm does not comment on pending litigation.
In a court filing in April, Shaw’s lawyers argued the discovery of the email doesn’t change anything. Even if the new evidence “can be said to ‘strengthen’” Congious’ case, it doesn’t warrant the court’s reconsideration, they wrote.
“Even if one were to assume that Dr. Shaw saw and read this email (which was purportedly sent to his inbox about an hour and forty minutes before Chasity went into labor), it merely corroborates the notion that Dr. Shaw was subjectively aware that Chasity was at risk,” the filing states.
O’Connor decided the email was enough to reopen the lawsuit.
“The new evidence reveals conduct of a far more wanton nature,” he wrote.
Congious’ attorney also got an expert witness, Dr. David A. Gutman, who said her cramps the morning she gave birth were contractions from labor.
Shaw’s lawyers dismissed that expert report in their April filing.
“Such reports are hearsay and do not constitute competent evidence,” they wrote.
In his latest ruling, O’Connor laid out what happened to Congious behind bars. During her incarceration, her mental state worsened to the point she stopped speaking. A doctor reported Congious may not be able to recognize when she went into labor or express her symptoms.
Because of those risks, the doctor recommended an induced labor. Shaw did not immediately act, according to O’Connor’s filing.
“Dr. Shaw also elected not to transfer Congious to a medical facility or afford her around-the-clock care, monitoring, and supervision to mitigate against the pregnancy risks due to her psychological condition,” O’Connor wrote.
Congious gave birth alone in her cell. She banged on the door for help but no one answered, her attorney alleges. The Tarrant County Sheriff's Office, which runs the jail, has maintained Congious did not make a sound while giving birth.
When jailers discovered Congious and her baby “Tragically, the baby girl was not breathing by that point and had only a faint heartbeat due to the umbilical cord wrapped around her tiny neck,” O’Connor wrote.
The county dropped Congious’ charges shortly after her daughter Zenorah's death.
“Shockingly, at no point during her five months of incarceration did Congious receive a legal hearing,” O’Connor wrote in his ruling.
Congious spent time in inpatient mental health care after she was released from jail, according to O’Connor.
In April, she went back to jail for probation violations but was released shortly after. Congious’ mother told KERA her daughter has two baby dolls to ease the anxiety she’s suffered since losing Zenorah.
Got a tip? Email Miranda Suarez at msuarez@kera.org.
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