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| Texas Inmate Who Sued to Get Abortion is Transferred |
| By Houston Chronicle |
| Published: 02/14/2003 |
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Harris County jail officials have transferred a pregnant inmate to state prison who had filed a federal class-action lawsuit the day before against the county for repeatedly denying her request for an abortion. The inmate's transfer to state custody had been pending for days, said Jim Faulkner, staff attorney for the Harris County Sheriff's Department. He said he was 'not aware of any connection' between the timing of the woman's transfer and the filing of the lawsuit. Annette Lamoreaux, an American Civil Liberties Union attorney who filed the suit on the inmate's behalf, said she intends to proceed with the lawsuit against County Sheriff Tommy Thomas despite the woman's transfer. Thomas is named as the defendant in the suit because he oversees county jail facilities. 'I'm taking the position that the county sheriff cannot just turn any one of my plaintiffs to (state custody) to avoid being sued,' said Lamoreaux, who is the ACLU's East Texas regional director. County Attorney Mike Stafford did not comment on the case except to say that his office is handling it. The unidentified inmate was taken into custody early last month after she violated terms of her probation. She must now serve two years in state prison. She made repeated requests for an abortion soon after she was taken into custody. County jail officials told her she would need a court order. The ACLU contends that such a requirement violates the inmate's constitutional rights. As a result of the transfer, the county will likely file a motion to dismiss the lawsuit because the woman is no longer in its custody. Lamoreaux said the suit may withstand such a move because it was filed as a class action. 'The nature of a class action is that it applies to others similarly situated and, in this case, (that) is anyone ever in county custody who seeks an abortion now or in the future,' Lamoreaux said. The inmate, who is about nine weeks pregnant, will now renew her efforts to get an abortion. Larry Fitzgerald, a Texas Department of Criminal Justice spokesman, said the woman does not need a court order to get the procedure done. She must, however, pay for the abortion as well as transportation fees and all costs for the officers who must accompany her. |
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