If there was any doubt that jails are horrific places that only serve to debase and dehumanize people, let the Milwaukee County Jail serve as a prime example. Over the last few years, there have been deaths of several inmates at the jail as well as hideous allegations of abuse of pregnant women during their incarceration. Meanwhile, Sheriff David Clarke remains completely unbothered—following Donald Trump and the Republicans around the country, parroting conservative talking points and making himself the go-to black face of their party, despite being a Democrat.
Supposedly, his loyalty (and we all now how big Trump is on loyalty!) had gotten him a job in the administration that was never confirmed, which if it happens might mean that his term as sheriff is coming to an end. Let’s hope so because he has proven incredibly unfit to hold any office, never mind be responsible for the lives of incarcerated human beings.
On Wednesday, a jury agreed that the jail is liable for some of the ways that it has abused inmates and decided to award a woman $6.7 million after she was raped repeatedly by a guard when she was held in custody in the jail back in 2013. She was pregnant at the time and also one of the women who was shackled during childbirth, a practice that seems to have been commonplace at the jail.
The guard, Xavier Thicklen, was acting under his scope of employment when the sexual assaults occurred and therefore Milwaukee County is liable for the damages amount, the jury determined.
The jury also found there was "no legitimate government purpose" to shackle the woman during childbirth labor, but jurors did not find she was injured and therefore awarded her no monetary damages, according to Theresa Kleinhaus, a Chicago attorney who litigated the case with other attorneys from the firm.
It’s incredible that sexual assault is acknowledged as having caused damage but the actual bondage of this woman, against her will, while giving birth was somehow not seen as harmful. Who exactly was on this jury, anyway? What is their standard for what causes injury?
And since shackling, as they understood it, did not contribute to injury in this case, what does that decision mean for future cases? There is currently an active lawsuit against the jail by another woman for this very thing. Hopefully, this outcome does not foreshadow how future juries might rule.
Just to be clear, shackling during childbirth is inhumane and unsafe. It not only has the potential for harm to the mother, it can harm the fetus and is a violation of human rights. But you know who thinks shackling is perfectly okay? Sheriff David Clarke. Of course, during the trial, Clarke was nowhere to be found.
In a deposition, Sheriff David A. Clarke Jr. defended the practice of shackling, saying it is required to protect hospital staff. [...]
The trial comes as the Sheriff’s Office deals with multiple legal issues and Clarke plans to leave for a job in the U.S. Department of Homeland Security. Clarke did not testify in the three-day trial.
The victim’s attorney stated that while the jury found that there was no physical harm caused by shackling the woman during childbirth, she suffered psychological trauma as a result. While jail is never pleasant and not meant to be, it sounds like the entirety of her encounter in the Milwaukee County Jail was traumatic and terrifying. Though it is hard to quantify, $6.7 million doesn’t sound like nearly enough for a lifetime of damage. And with David Clarke still having his job, it feels like there is more justice that needs to be done.