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| Abortion Suit Filed by Pregnant Texas Inmate Dismissed |
| By Houston Chronicle |
| Published: 03/31/2003 |
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A class-action suit filed last month by a pregnant Harris County inmate denied access to an abortion has been dismissed because the woman is no longer in its custody, according to court documents. The American Civil Liberties Union filed the suit on behalf of the unidentified woman alleging that the county's policy which requires a court order for what is considers 'elective surgery' violates inmates' rights. The woman was transferred to state custody a day after the suit was filed in Houston's federal court. County officials explained that the transfer had been pending for days. The county moved to dismiss the case on the grounds that the woman was no longer in its custody. Both sides agreed to file a joint motion to dismiss earlier this month and a federal judge signed the dismissal order March 14. The ACLU attorney who represented the woman said she was sure the issue would be raised again by another inmate unable to get an abortion. 'I'm confident we will be contacted by another plaintiff because we believe the Harris County Sheriff's policy is unconstitutional,' said Annette Lamoreaux, the ACLU's east Texas regional director. Mary Baker, an assistant county attorney who handled the case, could not be reached for comment. Lamoreaux said that the inmate continues to pursue her medical options while she is in state custody. The woman was about nine weeks pregnant when she was taken into custody in January for violating terms of her seven-year probation. She was charged in July with assaulting a family member. A Texas Department of Criminal Justice spokesman has said the woman does not need a court order to get the procedure done while she is a state inmate. 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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