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Woman who gave birth on jail cell toilet sues Montgomery County Jail medical provider

After giving birth to her baby in a Montgomery County Jail cell, Alyssia Moulton has filed a lawsuit against the Montgomery County Jail medical providers, Aug. 6, 2024. Photo: Contributed/Christopher Smith contributed


CLARKSVILLE, TN (CLARKSVILLE NOW) – She first learned she was pregnant the day she was booked into the Montgomery County Jail. Eight days later, Alyssia Moulton gave birth to her baby, by herself, while sitting on a toilet.

Last August, Moulton was arrested on burglary charges and booked in the Montgomery County Jail, where she later gave birth to her son.

After giving birth to her baby in a Montgomery County Jail cell, Alyssia Moulton has filed a lawsuit against the Montgomery County Jail medical providers, Aug. 6, 2024. (Christopher Smith contributed)

On Tuesday, Aug. 6, Moulton filed a lawsuit against the Montgomery County Jail medical provider, Southern Health Partners.

‘She didn’t know she was pregnant’

On Aug. 19, 2023, Moulton was booked into jail on the burglary charge. According to the official complaint, Moulton had no idea she was pregnant and estimated that she could have been around five months along, but no ultrasound was performed to confirm how far along her pregnancy was.

The National Commission on Correctional Health Care (listed as NCCHC in complaint) has found that ultrasounds should be performed on incarcerated women who may be unsure about the date of their last menstrual cycle.

After giving birth to her baby in a Montgomery County Jail cell, Alyssia Moulton has filed a lawsuit against the Montgomery County Jail medical providers, Aug. 6, 2024. (Christopher Smith contributed)

Additionally, Moulton had been under the influence of narcotics, as recently as the day she was booked, the lawsuit stated. The medical provider and defendant in the suit, Miranda Tapp, did not schedule her to meet with a doctor, an action the complaint calls “especially egregious” considering the knowledge Tapp had:

  1. Tapp knew Moulton was unaware she was pregnant.
  2. Tapp knew Moulton had been using opioids while pregnant.
  3. Tapp knew Moulton was unsure of her last menstrual cycle.
  4. Tapp knew that Moulton’s last cycle as reported would have made her at least 24 weeks pregnant.
  5. Tapp knew that Moulton had never been evaluated by a doctor during her pregnancy.

‘She gave birth alone, on a toilet’

According to the complaint, Moulton was housed in medical isolation, which was constituted at solitary confinement, for the duration of her incarceration. She was only being allowed to leave her cell for one hour a day, the other 23 hours she was confined.

On Aug. 20, 2023, the day after Moulton was booked, Tapp evaluated Moulton for detox symptoms, but no further action or intervention was taken.

After giving birth to her baby in a Montgomery County Jail cell, Alyssia Moulton has filed a lawsuit against the Montgomery County Jail medical providers, Aug. 6, 2024. (Christopher Smith contributed)

Initially, Moulton was prescribed Tylenol but due to a computer error, the medical providers discontinued the Tylenol on Aug. 25.  The complaint states that the defendants did not administer any pain medication management to her leading up to the delivery of her child, the day of the birth, or during the labor and delivery of the child.

Additionally, the defendants didn’t take Moulton’s vitals the day of her delivery, Aug. 27. According to the complaint, the defendants noted that Moulton “did not present for vitals,” but the refusal of treatment form was never signed by Moulton.

“The reason that Ms. Moulton did not present for morning med pass was that she was physically unable to walk due to intense discomfort from her labor pains,” the complaint states.

According to the complaint, Moulton was able to speak to the nursing staff the day of her delivery, telling them that her last cycle may have been January. Defendant Kayla Harvey notes Moulton saying, “I don’t know you should probably just send me to the hospital.”

“Defendant Harvey and the other nurse(s) consciously disregarded the foreseeable risk that Ms. Moulton would imminently deliver her baby in a jail cell that was not appropriately equipped for the delivery of a child.” the complaint states. “As a result of defendants’ conscious disregard of this risk, Ms. Moulton gave birth alone in a jail cell, delivering her baby into the toilet.”

Complications and post-partum

As a result of delivery into the toilet, the infant suffered various injuries, including a blood infection and an eye infection.

On Aug. 29, 2023, only two days after the delivery of her newborn son, Moulton was discharged from the hospital and returned to the Montgomery County Jail, once again, housed in a solitary medical pod unit, against medical recommendations for postpartum care of pregnant inmates.

That same day, Moulton requested to be returned to general population, stating that she felt great and “after having the baby and going through everything the way it happened, I know it will be good for my mind to be in general population as well.”

Moulton asked once a day, sometimes multiple times a day, to be released from medical isolation and join the general population from Aug. 29-Sept. 4.

A total of eight requests were made by Moulton, or on her behalf, to be moved out of the medical unit, with Moulton stating on Sept. 4, “Can i PLEASE move to j pod/gen pop today please IM BEGGING YOU! i cant stand another min in med pod and it would do my mind heart and soul great things to be in j pod with the other ladies. PLEASE!”

Moulton was released from custody Sept. 5 and suffered severe physical and psychological injuries, according to the complaint.

Incarceration of pregnant women

“We look forward to bringing this important case on behalf of Ms. Moulton and her child,” Christopher Smith, Moulton’s attorney, tells Clarksville Now. “This case raises important questions about the incarceration of pregnant women.”

According to Moulton, Tennessee has one of the highest rates of female incarceration in the nation, which itself has one of the highest rates of female incarceration in the world. “We hope this lawsuit shines a light on this often-overlooked social issue and raises awareness of the civil rights of pregnant inmates,” Smith said.

Montgomery County has declined to comment on this matter, as it is an active lawsuit. Clarksville Now has also attempted to contact Southern Health Partners for comment.

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