New court documents allege that Dr. Aaron Ivy Shaw, the medical director of the Tarrant County Jail, failed to act to prevent the death of a former inmate’s baby, who was born in the jail.
The case against Dr. Shaw was initially dismissed by a judge in April 2023, allowing only the case against Tarrant County to proceed. However, recent evidence has led Congious’ attorney to argue that Dr. Shaw was aware of Congious’ high-risk pregnancy and labor but did not take action. As a result, a judge has ordered the case to be reopened.
Chasity Congious was booked into the Tarrant County jail in 2020 after her family sought help for her from Fort Worth Police, fearing she might harm herself. Instead, she was arrested for simple assault. Congious has an intellectual disability and several mental health diagnoses, including schizoaffective disorder, bipolar disorder, psychosis, mood disorder, and delusions.
According to court records, Dr. Melanie Carter, during a routine pregnancy exam, noted that Congious had difficulty responding to questions and might not recognize when labor began. Dr. Carter recommended inducing labor, but Dr. Shaw did not act promptly.
The documents state that after Dr. Carter’s checkup, Congious began experiencing abdominal pain and attempted to get help by banging on her cell window. Allegedly, two correctional officers who were supposed to monitor Congious did not respond, leading to her giving birth alone in her cell.
A correctional officer discovered Congious after she had delivered the baby and called paramedics. By that time, the baby, named Zenorah, was not breathing and had a faint heartbeat due to the umbilical cord being wrapped around her neck. Zenorah was removed from life support 10 days later.
New evidence includes an email report sent daily to Dr. Shaw and others, detailing Congious’ condition. The report indicated that Congious was experiencing abdominal cramps on the day she gave birth. Congious’ attorney argues this email shows Dr. Shaw was aware of Congious’ labor contractions but did not take action.
A U.S. District Judge agreed to reopen the case, noting that the new evidence was not available when the initial case was dismissed. “It just makes sense to give this family the opportunity for justice,” said attorney Jarrett Adams.
Congious now lives with her mother and has been diagnosed with postpartum psychosis. She still asks about her baby and carries a Barbie doll to cope with her grief.
Dr. Shaw’s attorney, Jordan Parker, declined to comment on the ongoing litigation. The Tarrant County Sheriff’s Office also refrained from commenting, stating they dispute many of the claims made in the lawsuit.