Tuesday, November 22, 2016

JAILERS SHOULD ON OCCASION ACTUALLY LISTEN TO PRISONERS

By Bob Walsh

OK, this is kind of a he said / she said, but fortunately there will be facts available.

Shade Swayzer was a guest of the county of Milwaukee and was knocked up. Very knocked up. Her lawyer alleges that she told jailers he water broke and that she was going into labor and the jailers (allegedly) laughed and walked away. She (again allegedly) went into labor about midnight and gave birth about 4 a.m. She (allegedly) received no medical attention at all until 6 a.m.

The baby was declared dead later in the day. Jail medical staff assert the baby was stillborn. Ms. Swayzer says the baby was born alive, cried appropriately and was breast-fed. That assertion will no doubt be important as my understanding is that a stillborn baby will not feed and will not therefore have breast milk or much of anything else in it's stomach.

Ms. Swayzer is, of course, suing. For $8.5 million. The sheriff says she never told staff she was going into labor.

This may turn out to be one of those questions that turns on one fact. It can I expect be clearly demonstrated whether or not the baby fed. If the baby did NOT feed, clearly Ms. Swayzer is lying about part of her story. One might therefore reasonably infer she is lying about much, or all, of her story. If, on the other hand, the baby did feed it greatly enhances her side of the issue. Also, there is the fact that the jail staff apparently KNEW she was pregnant and well along in the pregnancy.

Allowing her to deliver the baby in her cell with no medical assistance seems to be dereliction of duty.

Assuming Ms. Swayzer is correct she should get a major settlement and a couple of jailers should have their asses handed to them. If not, maybe not.

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