There is a disturbing lawsuit filed this month in Tennessee against CCA Silverdale and Hamilton County Sheriff Jim Hammond (left). Charity Flerl was incarcerated when she went into labor last summer. The police proceeded to force her to give birth while shackled because, as explained by one individual in this article, because “They’re criminals, so you never know what they might do.” Now here is the kicker: Flerl was not in for some violent offense. She was in for failure to pay child support. It is not clear what “they might do” in such a case: failure to pay child support on the new baby?
According to her lawyer, Flerl was kept “shackled the entire time, they kept her legs, feet, waist shackled. When she had to actually give birth, they unshackled the legs from each other, but then they shackled them to the bed and same with her arms.”
Even if there was a lack of a single human being present, there is a ruling that would seem to offer some guidance. In Nashville last year, a federal court ordered a change in the city’s policy of shackling women during deliveries.
The practice is barbaric and a clear example of excessive use of force and restraints. This is particularly the case for a nonviolent offender.
We will be following this very important case closely.
The only way the male gender will ever understand the cruelty of the treatment which was shown the female prisoner giving birth, is to hope someday that the arrogant cops in the arresting party would have to be restrained with both feet shackled behind their backs when having an acute attack of kidney stones which can cause extreme pain.. ( Hopefully very large ones.)_
Just a scenario that probably will never happen but definitely should. What they did to that prisoner was administer their form of torture and they should be jailed for torturing a prisoner and placing her and the child in extreme danger of losing their lives. Since when is torture allowed in this country.
In defense of the woman, childbirth is enough to make any woman violent especially when being restrained. Do we hire our policemen by the size of their brawn only . These lame brains could be referred to as “Left Brains” “Zero mentality” They should actually lose their jobs.
@Kraaken “Would you say the same thing if a man was the one incarcerated?”
Of course I would. What indication did you have that I wouldn’t?
Simms “In addition to the fact that her treatment during labor was cruel and extreme, I’m disturbed that she had been incarcerated for months for failure to pay child support.”
Would you say the same thing if a man was the one incarcerated?
My only comment is just as it was the last time a post like this came along, a few days ago. There is an opportunity here for a Ralph Nadar type, someone who could devote his or her life to stopping the arrogant, offensive, and totally out of context behavior by some of the law enforcement and justice people in this country. Mulit-million dollar lawsuits, lawsuits resulting in criminal charges, nation wide headlines, the full blast of both barrels (will I be arrested for this reference to a weapon?) might do something to stop these mindless activities. This same sherif loves his kids and probably has a dog, however, there is too much of this going on to be always an erring of the side of caution.
Oh and besides the law, how about being a human being?
This is truly reprehensable to put it mildly.
We have a state law here that bars the application of leg irons or waist chains on women in their third trimester of pregnancy or in labor. There is even a statute in our health and safety code relating to restraints in general which TN should consider.
Here it is: RCW 72.09.651
It is a worthwhile read.
Wayne
Yes we are in real trouble and here is another development from Kansas that amplifies your concern:
“The Kansas House Standing Committee on Corrections and Juvenile Justice has introduced a bill that will require private citizens who file complaints against police officers to sign an affidavit, acknowledging that if their allegations are proven false, they can be charged with perjury, which is a felony charge.”
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This needs to be accompanied by a bill that says that if a defendant is acquitted at trial, all police officers who testified must be charged with perjury.
In addition to the fact that her treatment during labor was cruel and extreme, I’m disturbed that she had been incarcerated for months for failure to pay child support.
How does jailing someone for failure to pay child support help the child or the custodial parent? All that will do is ensure any earning potential is permanently sabotaged. In the case of someone who has the money but deliberately won’t pay, then fine, throw his or her ass in jail over the weekend to make a point. I really would like to know more about why this women was in jail in the first place. CCA Silverdale is a for profit facility by the way.
Weren’t there any adults or human beings in this facility? Disgusting. I hope the sheriff and department have to dig down deep into their pockets on this one.
Deeply disturbing on a few different levels. That anyone guarding her would seriously think she would bolt and run away while in labor is stupid and cruel. That medical staff allowed this to continue without protest is sad. Perhaps they did protest, did a social worker get contacted, could the warden have been called? Would nurses be subject to retaliation from their employer if they complained too loudly, reported the situation as abuse to entities that inspect medical facilities?
The answer to that is yes. The way in which people are so easily compelled to set aside their humanity as perpetrator and protector is deeply disturbing. I got fired in retatliation for reporting abuse (and refusing to alter an incident report related to it) of a patient in a medical facility and was engaged in a lawsuit over it for five years. When authority figures increasingly get away with these kinds of abuses, we should all be cognizant of the fact that our society is in huge trouble.
Yes we are in real trouble and here is another development from Kansas that amplifies your concern:
“The Kansas House Standing Committee on Corrections and Juvenile Justice has introduced a bill that will require private citizens who file complaints against police officers to sign an affidavit, acknowledging that if their allegations are proven false, they can be charged with perjury, which is a felony charge.”
http://kansasexposed.org/2014/03/17/kansas-bill-seeks-legalize-police-retaliation/
Terrible.
The trickle-down torture effect, IMO.
And what Wayne said.
Actually magginkat,
Believe this or not…. That is an incorrect assumption that there is not a SOL on child support…. Once it’s converted to a judgment…. It’s subject to being renewed….
Good grief…. Makes me wish that my ex was in TN. I am owed child support that is more than 30 yrs overdue. I got a check last week, $130.00. Never mind that he owes over $25,000. That’s the first check that I have seen in over a year. Yep…one good thing about Florida, no statute of limitations on child support but that does mean they will put much effort into collecting. As for what that sheriff did to this lady, he should lose his job & pensions and be prosecuted for cruel and inhumane treatment to this woman while she was in labor & delivering a baby. That treatment could have harmed the baby too.
I hope she wins millions.
The other justice that I could wish for is that he be chained to a table & be forced to undergo the pain that she went thru and for the same length of time.
This is another in a long list of law enforcement abuses that have become common place in our country. We have a militarization of Police Departments that can find almost any excuse to justify excessive force by their departments—not because they need to but because they can. Some of those in charge are like second assistant pencil sharpeners that have an authoritarian need to abuse others or as we used to call them: Bullies.
Hamilton County is in southeast Tennessee. The largest city is Chattanooga. I have no idea what they were thinking.
Typical of the exercise of government power – unthinking, unfeeling and without consequences (though a (second) judicial ruling may force a change).
What is frightening is that this woman was shackled by deputies – they violated the woman’s rights (and their own humanity) without any apparent remorse.
These deputies are the first line in enforcing the law. If they are typical examples of police in this country then we are in for hard times.
Thank goodness the stock is a think of the past…. Do you think they would have tried her by the archaic method of trial by ordeal if they could have got away with it….
Oh my goodness…. Lack of humanity never ceases to amaze me with law enforcement…..