A pregnant woman with preeclampsia can barely get out of bed.
A complaint filed June 17 in U.S. District Court for the Western District of Pennsylvania on behalf of Nicole Lane, who was incarcerated while pregnant in 2024 at Washington County Correctional Facility in western Pennsylvania, seeks justice and restitution.
Lane suffered from severe preeclampsia and was allegedly shackled during labor and after delivering her baby – in direct violation of Pennsylvania law, the U.S. Constitution and the Americans with Disabilities Act (1990), her attorneys contend. The complaint demands a jury trial.
“Because of its purpose this (PA Healthy Birth) law contains a right of action so [Lane] can bring this claim … pregnant individuals don’t know they can bring these claims. The law is not being enforced or complied with,” said Evelyn Mangold Nukal, a staff attorney at Philadelphia-based Women’s Law Project and a member of Lane’s legal team.
While incarcerated, compassionate and appropriate medical care was withheld from Lane as she was forced to endure arm and leg shackles during labor and after delivering her baby while incarcerated for a non-violent parole violation, according to the complaint and her legal team.
READ THE COMPLAINT
“Nicole first contacted us last year just before she’d been released. This whole experience while was very raw. While she was going through this, she knew what was happening to her was wrong and inhumane,” Mangold Nukal said.
Lane was denied contact with her baby’s father and loved ones and was not released from restraints or provided labor medication while giving birth to her daughter until medical staff at UPMC Magee-Womens Hospital demanded the shackles be removed so Lane could give birth to her daughter, according to the complaint.
Last week on Lane’s behalf, the Women’s Law Project and Pennsylvania Institutional Law Project (PILP) launched the lawsuit. Lane and her team are seeking justice for what she endured while giving birth in Washington County prison’s care – and to stop the practice of shackling pregnant prisoners.
PILP is a nonprofit organization providing free legal services and advocacy to incarcerated Pennsylvanians.
“Pennsylvania law has forbidden the use of shackles on pregnant people for over 15 years, and yet time and again our organization receives complaints about people being shackled for no legitimate purpose,” said Alexandra Morgan-Kurtz, an attorney and deputy director at PILP.
The PA Healthy Birth for Incarcerated Women Act of 2010, signed by then Democratic Gov. Ed Rendell, lays out safety conditions for pregnant women who are incarcerated in prison systems – yet enforcement and compliance is not widespread across the commonwealth, both Morgan-Kurtz and Mangold Nukal emphasized.
“This is particularly a problem in county jails, where each facility gets to create their own policies with little to no oversight or public awareness that their local government is violating state law,” Morgan-Kurtz said in an email.
Morgan-Kurtz said she’s hoping this potentially precedent-setting lawsuit will increase public knowledge and put county and local jail officials and representatives on notice over the continued practices of shackling pregnant prisoners.
“For Ms. Lane and Washington County, we’re seeking accountability through both monetary damages for Ms. Lane and changes to the policies and practices of Washington County and PrimeCare that allowed this level of disregard for human dignity,” Morgan-Kurtz added.
PrimeCare Medical, Inc. in Harrisburg handles health care for prisoners at the Washington County correctional facility.
Preeclampsia is a condition with hallmark symptoms such as soaring – often sudden onset – blood pressure, severe headaches, vision changes, shortness of breath, swelling, belly pain, nausea and vomiting, among other signs.
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It requires urgent medical attention and care. The condition can lead to seizures, stroke, organ failure or death of both the mother and baby.
Preeclampsia has been identified among the five leading causes of maternal deaths in the U.S. When preeclampsia progresses to eclampsia, it is a medical emergency.
A study by the Preeclampsia Foundation reported roughly 60% of preeclampsia cases were considered preventable.
According to Mangold Nukal, Lane is the first known woman to bring a claim and lawsuit against not only a prison but sheriffs, the medical center, practitioners and others associated with her care and treatment because her condition was not properly addressed, and she was shackled during her ordeal.
The complaint contends Lane’s rights under the U.S. Constitution, Americans with Disabilities Act (1990) and her rights under Pennsylvania’s Healthy Birth for Incarcerated Women Act were violated.
NBC10 Philadelphia reported the existing law was expanded in 2023 to protect incarcerated pregnant juveniles and allow a mandatory bonding post birth period for mothers and babies up to three days after delivery.
Since her release last year, Lane and her daughter – who survived and is healthy – continue to live in Pennsylvania.
“As Nicole’s story shows, she experienced a constant pattern of cruel and inhumane treatment from inadequate nutrition denial of prenatal and postpartum care. This treatment can be life threatening; and this [continued] practice of shackling pregnant and postpartum women” needs to stop, Mangold Nukal said.
