COMAL COUNTY, Texas – A former Comal County Jail inmate claims a lack of medical care she received while pregnant in custody last month contributed to the death of her newborn son.
“I mean, call me an ambulance. When I say I need to go to a hospital it’s serious,” said Chiree Harley, 37.
Harley was taken into custody in mid-September on a bond increase and for a violation of probation, Comal County court records show.
She and her attorney, Taylor Hunter, told KSAT that a pregnancy test she was given after being taken into custody came back positive.
Harley, who was kept in the jail’s infirmary while in custody, said she began to leak amniotic fluid and go into contractions on Nov. 1.
Harley said despite repeatedly alerting jailers to her condition, she was not taken to a hospital until days later.
“They drove me in a police car two days after I told them I was leaking fluid,” said Harley.
Harley’s baby was born on Nov. 4 at Christus Santa Rosa Hospital - New Braunfels before being transferred to the neonatal intensive care unit at San Antonio’s Christus Children’s Hospital, she told KSAT.
The child, named “Baby Harley,” lived for about 12.5 hours before passing away, said Harley.
Her pregnancy was about 23 weeks along when she gave birth, Harley estimated.
Harley was released from jail on a personal bond on Nov. 4, the same day her baby died, jail records show.
Hunter, a Dallas-based civil rights and personal injury attorney, said he is preparing to file a federal lawsuit against Comal County alleging neglect of medical care and a failure to accommodate Harley’s physical limitations under the Americans with Disabilities Act.
Hunter claims at no point while Harley was in custody was she seen by a doctor of obstetrics and gynecology (OB/GYN).
“There could have been a different outcome and we might not be sitting here today,” said Hunter.
A state law that revised the Texas jail standards in 2019, House Bill 1651, aimed to increase the care of pregnant inmates confined in county jails.
It requires county jails to have OB/GYN care for pregnant inmates and if a pregnant prisoner is in labor, appropriate care, including prompt transportation to a local hospital, must be provided.
Comal County Sheriff Mark Reynolds did not respond to an email from KSAT seeking an interview for this story.
An attorney representing the county instead released a written statement denying Harley’s claims.
“At all times, the Comal County Jail provided Chiree Harley with all appropriate and necessary medical treatment for her and her unborn child. Harley was taken into custody on September 14, 2023, as a result of a positive drug test showing that she was using methamphetamines. Harley was out of jail on bond with the condition that she not use drugs. She tested positive for methamphetamines when she appeared for a court date and was taken into custody. At the time she was taken into custody, Harley acknowledged knowing she was pregnant. Accordingly, Harley was choosing to use methamphetamines while knowing she was pregnant. During the period that she was in custody of the Comal county jail, anytime Harley requested or sought medical treatment, her request was dealt with promptly and appropriately. Indeed, she was housed in the female medical dorm at the jail to ensure that she could get prompt attention by medical staff. The loss of Ms. Harley’s child is a tragedy but is not the result of any failure of the Comal County Sheriff’s Office to provide medical treatment,” wrote attorney Michael Shaunessy.