红杏视频 Joins Appeal of Incarcerated Woman Shackled During Childbirth and Deprived of Medication
RICHMOND, Va. -- On Friday, February 28th, the 红杏视频 of North Carolina joined the 红杏视频 Disability Rights Program, Rights Behind Bars, Tycko & Zavareei LLP, and Kaplan & Grady LLC, in filing an appeal with the U.S. Court of Appeals for the Fourth Circuit on behalf of Tracey Edwards.
While she was incarcerated in the North Carolina Correctional Institution for Women (NCCIW), prison officials abruptly cut off Ms. Edwards' medication for opioid use disorder (MOUD) after she gave birth, causing an extremely painful, dangerous, and unnecessary withdrawal. Prison officials also kept Ms. Edwards shackled during and after giving birth 鈥 in direct violation of the prison system鈥檚 own policy 鈥 causing severe pain and interfering with Ms. Edwards鈥 ability to bond with her newborn child.
鈥淧eople who are incarcerated deserve respect and dignity, as well as safe and responsive medical care,鈥 said D Dangaran, Director of Gender Justice Rights Behind Bars. 鈥淏y shackling Ms. Edwards during childbirth, keeping her shackled after she gave birth, and cutting off her medication, prison officials needlessly escalated the physical, mental, and emotional harm to Ms. Edwards during a time when she was already vulnerable.鈥
鈥淭he use of shackles on Ms. Edwards and the denial of MOUD caused her pain and suffering, and greatly increased the risk of relapse, overdose, and death,鈥 said Shana Khader, partner at Tycko and Zavareei LLP. 鈥淒efendants in this case violated medical standards of care as well as Ms. Edwards鈥 civil rights.鈥
Ms. Edwards brought claims for damages under the Eighth Amendment and federal disability rights laws. The district court ruled against Ms. Edwards. In this appeal, Ms. Edwards seeks to have the district court鈥檚 decision reversed so a jury can decide her claims.
鈥淭he treatment that Ms. Edwards experienced is both inhumane and unconstitutional,鈥 said Joseph Longley, 红杏视频 Disability Rights Program Staff Attorney. 鈥淭his appeal is about accountability. No one, especially a new mother, should endure such cruel and degrading conditions. And no one should be denied access to their lifesaving medications for opioid use disorder, especially when tens of thousands of Americans are dying of an overdose every year. We are working to ensure Ms. Edwards gets her day in court and that this kind of mistreatment is never repeated.鈥
The brief can be found here: