Texas woman claims she gave birth alone in jail, baby died

Nicole Guerrero

Nicole Guerrero

WICHITA COUNTY, Texas — A Texas woman claims she was forced to give birth alone in jail during a horrific night in solitary confinement nearly two years ago, and that her baby died because of it, according to a federal lawsuit filed this week.

Nicole Guerrero alleges in legal documents that “Wichita County denied (her) access to reasonable medical care … ignored her obvious signs of labor and constant requests for medical assistance, failed to conduct a physical examination … when she began to display obvious signs of labor, left (her) unattended in a solitary cell while she was obviously in labor, failed to transport (her) to the hospital for safe delivery, which ultimately caused (her) to deliver her baby alone in the solitary cell, and resulted in (her) suffering severe and likely permanent, physical and psychological injuries.”

Wichita County isn’t talking about the case.

“We are prohibited (from talking) about pending litigation in Texas because we are representing the county in this case,” said Wichita County District Attorney Maureen Shelton.

The lawsuit, which was filed Wednesday in U.S. District Court in the Northern District of Texas, names as defendants Wichita County, the Sheriff’s Office, registered nurse LaDonna Anderson, and Correctional Healthcare Management, Inc., Anderson’s employer.

Here’s what Guerrero says happened, according to court documents:

She was arrested on drug possession charges on June 2, 2012. After visiting her doctor for an infection on June 11, while still in custody, Guerrero says her doctor told her she was 8½ months pregnant. According to the legal complaint, once Guerrero was returned to jail she experienced severe pain and cramping. She said she was checked out by the nurse on duty, identified in court documents as Anderson, late on the night of June 11. Anderson determined at that time Guerrero was not in labor, according to the legal documents.

The complaint then detailed a night spent in solitary confinement, during which Guerrero claims she tried to get medical attention throughout the night and into the early morning hours as her pain worsened, but that she was ignored by Anderson and the guards on duty. Finally, Guerrero said, around 5 a.m. on June 12, a detention officer walking by her cell helped her deliver the baby. The court filing said the baby was not breathing when it was born and that the umbilical cord was wrapped around its neck.

Guerrero says in court papers that no CPR was performed on the baby and that it was later pronounced dead at a local hospital. Guerrero alleged she was still kept in solitary confinement, without medical help, after the baby was taken away.

Guerrero’s lawsuit accuses Anderson and Correctional Healthcare Management of medical malpractice.

Her attorney Rick Bunch said Wichita County and Sheriff David Duke violated her due process rights under the 14th Amendment by depriving her of access to reasonable medical care, according to CNN affiliate KFDX.

CNN contacted the Wichita County Sheriff’s Office, Anderson and Correctional Healthcare Management several times requesting comment, but did not receive a response.

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16 comments

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  • j r nance (@rnance1950)

    Why did it take her 2 years to come forward & tell this Fairy Tale, she’s Lying about the entire thing, she just wants the money along with all the other Freebies she gets from the taxpayers!!

    • Amber Cranor

      What makes you think she gets “freebies” from the government? You take one look at her mugshot and have judged her as being on welfare?! That’s pretty racist. And as Bart said, there are to many records for her to be making this up. She might of just gotten out of jail. Doesn’t matter why it took 2 years. And if this is a “fairy tail” to you, you are mistaken.

  • Bart

    Couldn’t be made up. Too many places involved with records; jail, hospital, doctor… Taxpayers should pay since they haven’t put a stop to the drug war.

  • Little Bit

    Just because you get locked up dont mean you dont deserve the same treatment as any other pregnant mother would because the state didnt give her proper treatment a innocent baby lost his/her life. Everyone always wants to talk about taxpayers do this and that for people in jail which your incorrect when a person is sentenced there are court fees and all types of other fee that they have to pay thats why they are put on probation until they pay the fees off and that money go towards the time in jail like food and all beside what stuff they buy off canteen the families of the inmates have to send money to take care of them while they are in jail. So no taxpayers dont pay for everything the inmate do while in jail or prison the families so most of it. But for those of you talk about tax papers pay for this and that then its the taxpapers and states has the blood on their hands from the baby dying. The baby didnt deserve to suffer because the state didnt do its part. Its the law that everyone get equal opportunities and this poor child didnt get equal opportunities to live. And now the mother and father and all their families have to live with the lose of losing a baby. Parents are not suppose to die before their children.

  • Lori

    It’s very sad that her baby died. Had she not been on drugs none of that would of happened. Could it be that her baby was addicted to drugs and that’s another factor to its death?

  • sophie

    little bit, there is no blood on THIS taxpayers hands. I didn’t tell her to do whatever she did to get in jail. that’s on HER. lay the blame where it goes for once.

      • rip myra

        faithc, please explain to me how this is a funny stpru? an innocent life was taken do to an ignorant woman who did NOT know how to do her job. && for everyone saying she is just after money, you’re wrong she us after JUSTICE for her child.. how dare anyone to judge her. you dont know her life or what she has been through. My sister is not here to defend herself so i thought i would take it upon myself as a sister/ aunt to defend her and my baby niece. the only way drugs played a factor in the baby’s death is whatever the dr gave her becauss my sisted was in that cell for 2 weeks clean. And Myra had a heartbeat THAT day. My sister and unborn niece were under andersons care. It was her responsibility to be sure everything stayed stable. My sister was NOT A FRIKKIN AXE MURDERER, she did NOT deserve what happened and niether did my niece.

  • mamax2

    Little bit, Obviously, you’ve had plenty of experience in prison /jail. One thing is for sure, someone didn’t pay for you to have an education. Grammatical errors show that! Anyways, I know a lot of people, family included that are correctional officers & while it is very sad this child passed away due to negligence, taxpayers did not kill this baby. Incompetent employees did! Get your facts straight! Does inmates or their families pay to maintain prisons? No, taxes do! As far as employment, usually the state pays them. Again, not the inmate or families of. I hate that an innocent child’s life was loss but the mother did choose to break the law & put herself & unborn child in those conditions. She must not have been too concerned about the baby if she was using.

  • Beverly W.

    This precious innocent baby committed no crime. Regardless of what her mother was incarcerated for, the jail had an obligation to protect that baby.

  • Youhavetobekidding

    Two weeks clean does not make her blood, the blood supplying the baby what it needs, clean. Umbilical cords wrap and unwrap many times whilst baby grows and moves, and is common to have a normal birth and healthy baby even with a cord accident. Could it have been she (and baby) were detoxing from whatever drugs which put baby in distress? She was 8.5 months pregnant unknowing is suspicious considering her mug shot she does not appear to be obese. Yes it is sad that a precious baby died while it’s mother was incarcerated. The mother should have thought of her baby before herself, if she had a drug dependency problem she should have gotten rehab if not for herself then for her unborn child. Instead she continued to either use or keep company of those who use, somehow putting herself and her unborn child in a jail cell. Taxpayers are not responsible for this child’s death, and using such statement proves you do not know where your taxes are going, most of our tax money nation wide goes to social security and our military. While I do believe and agree that her rights to equal healthcare were breached I do not feel this is solely the fault of the employees and/or their negligence, for their part they should be held accountable especially the nurse who was supposed to insure stable health of inmates. I also, as sad as it is, believe mommy is to blame.

  • Amber Cranor

    Addiction is a disease. To blame the mother for being incarcerated is ridiculous. The jail is completely to blame. It does not matter why she was in jail, the jail has a responsibility to take care of the inmates. They did not do that and a baby died. I hope they have to pay her because they where wrong. I hope this young lady gets the help she needs ands gets help for the grief of losing a child in such a horrific manner. I don’t see how anyone can say she is to blame. I bet those of you that think it’s her fault would of been in favor of locking her up because she was using drugs while pregnant. The jail is 100% at fault. If she had been taken to a hospital that baby would probably be alive. The jail failed to protect her and her unborn child. That’s sickening.

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