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Woman whose baby died after birth in Tarrant jail could receive biggest settlement in county history

A maximum security cell at the Tarrant County jail in Fort Worth.
Yfat Yossifor
/
KERA
A maximum security cell at the Tarrant County jail in Fort Worth. Tarrant County commissioners will discuss Tuesday, May 21, a $1.2 million payout to a woman who lost her baby after giving birth in her jail cell in 2020.

Chasity Congious gave birth alone in her Tarrant County jail cell in 2020 and lost her baby 10 days later.

She could now receive the biggest lawsuit settlement in county history if Tarrant County commissioners approve a $1.2 million payout at their meeting Tuesday.

The biggest county settlement to date was $1 million, County Administrator Chandler Merritt confirmed over email. That money went to the family of Javonte Myers, a man who died of a seizure disorder in his cell in 2020 after jailers allegedly lied about checking on him.

The two jailers in that case face criminal charges.

Legal settlements are not admissions of wrongdoing for the county, but they are expensive. The county has paid at least $1.6 million in settlements over jail lawsuits in recent years.

The family of Dean Stewart, who died by suicide behind bars, received $400,000. Cory Rodrigues got $200,000 after a detention officer beat him so severely he needed surgery, according to law enforcement.

According to Congious’ lawsuit, filed in 2022, Congious was going through a mental health crisis when her family called the authorities, hoping they would take her to John Peter Smith Hospital.

Instead, police took her to jail, where her condition worsened. An OBGYN confirmed Congious would not be able to recognize when she went into labor or express her symptoms.

Congious gave birth to her daughter Zenorah alone. When the birth was discovered, Zenorah's umbilical cord was wrapped around her neck.

Jail officials have maintained over the years Congious did not make a sound while giving birth, and staff were nearby.

The original lawsuit filing says she banged on the door of her cell for help but got no answer.

The birth and death of Congious’ daughter has led to lasting trauma, Congious’ mother Kimberly Hammond told KERA last month.

“I had to buy two baby dolls, to kind of give her something to shift her focus on,” Hammond said. “It kind of helps her diminish some of that anxiety."

Hammond spoke to KERA after police arrested Congious again in April. Once again, police were called because Congious was experiencing a mental health crisis.

Other Tarrant County jail lawsuits are still working their way through the courts.

Kelly Masten, who is intellectually disabled and has a severe form of epilepsy that causes daily seizures, was left to seize and fall in her cell, according to a lawsuit her  sister filed in April. Masten left the jail covered in bruises and had to be placed in a medically induced coma.

Last June, Georgia Kay Baldwin’s sons sued the county over their mother’s death in custody. Baldwin, who had a long history of mental illness, died of suspected dehydration in 2021.

Got a tip? Email Miranda Suarez at msuarez@kera.org. You can follow Miranda on Twitter @MirandaRSuarez.

KERA News is made possible through the generosity of our members. If you find this reporting valuable, consider making a tax-deductible gift today. Thank you.

Miranda Suarez is KERA’s Tarrant County accountability reporter. Before coming to North Texas, she was the Lee Ester News Fellow at Wisconsin Public Radio, where she covered statewide news from the capital city of Madison. Miranda is originally from Massachusetts and started her public radio career at WBUR in Boston.