Pregnant in a California jail and denied the care the law requires

If you were pregnant in a California jail and did not get the care you needed, or if your daughter, sister or partner was, we are very sorry for what you are going through. Losing a pregnancy, giving birth without help, or watching someone you love suffer while staff do nothing is a deep harm. A pregnant woman jail neglect lawsuit in California asks whether the jail followed the rules the law sets for pregnant people in custody, and holds it responsible when it did not.

This guide explains those rules, what state officials have alleged, cases that have been resolved, how stillbirth and miscarriage claims work, and what to do now. It is general information, not legal advice. You can ask for a free, confidential review.

What rights do pregnant people have in a California jail?

California's Penal Code sets out specific duties for county jails. Under Penal Code § 4023.8, among other things:

• Pregnancy test. A person who may be pregnant must be offered a voluntary pregnancy test at intake or on request, within 72 hours of arrival.
• Exam within seven days. Once pregnancy is confirmed, the person must be scheduled within seven days for an exam with a physician, nurse practitioner, certified nurse midwife or physician assistant, to set a due date and a plan of care.
• Prenatal care. Prenatal visits must follow current national perinatal care guidelines, and pregnant people must have access to daily prenatal vitamins.
• Housing. A lower bunk and lower tier.
• No Tasers or chemical sprays. Pregnant people may not be tased, pepper sprayed or exposed to other chemical weapons.
• Opioid treatment. People who used opioids before jail, or were on methadone, must be offered methadone or buprenorphine and told about withdrawal risks.
• Labor and birth. Anyone in labor is treated as an emergency. Transport to the hospital must use the least restrictive method, and the person may not be shackled to anyone else.
• After birth. A postpartum exam within one week, and at least 12 weeks of recovery before returning to normal activity.

Separately, Penal Code § 3407 bars restraining a person known to be pregnant or recovering from delivery with leg irons, waist chains or handcuffs behind the body. During labor, delivery and recovery, wrist and ankle restraints are not allowed unless needed for safety, and must come off when the medical provider says it is medically necessary. Jails must post these rights where everyone in custody can see them.

Under federal law, people held before trial have a Fourteenth Amendment right to adequate medical care. Our guide to jail medical neglect and deliberate indifference explains that standard.

What state officials allege about pregnant women in Los Angeles County jails

In September 2025, Attorney General Rob Bonta sued Los Angeles County, its Sheriff's Department and Correctional Health Services over jail conditions. The complaint alleges that pregnant women at Century Regional Detention Facility in Lynwood, the county's women's jail:

• were shackled during transport
• did not get enough water or a proper prenatal diet
• waited more than a month for pregnancy tests
• faced delayed medical responses, including one woman whose baby died after a delayed response and another who reported bleeding for 14 days

These are allegations, not court findings, and the county has called them outdated. The case is ongoing. Our Century Regional Detention Facility guide covers the Lynwood jail in more detail.

What families and mothers have recovered in California

These are reported results in California cases brought by the woman harmed or her family. They were handled by other firms.

• Elisa Serna, Las Colinas (San Diego County), 2019. Ms. Serna, 24, was pregnant when she died in a medical observation cell; she was never taken to a hospital. San Diego County agreed to pay $15 million in 2024, the largest jail death settlement in county history at the time. The family's lawyer said staff believed she was faking.
• Sandra Quinones, Orange County, 2016. She alleged jail staff took two hours to respond after her water broke and that deputies drove her to the hospital in a patrol car and stopped for coffee on the way. Her baby did not survive. The Orange County Board of Supervisors approved a $480,000 settlement in 2022.
• Candace Steel, Santa Rita Jail (Alameda County), 2017. She gave birth alone in an isolation cell after deputies and nurses did not believe she was in labor. Her case settled for $250,000 in 2021, KTVU reported.

In a related federal class action filed in 2018, Mohrbacher v. Alameda County Sheriff's Office, women at Santa Rita alleged pregnant prisoners were denied medical care and basic needs. The county settled in 2023 on private terms, according to the Civil Rights Litigation Clearinghouse. Every case is different. Past results, including those listed here, do not predict the outcome of any other case. Our Santa Rita Jail guide has more on those facilities.

Stillbirth and miscarriage: how these claims work

When a pregnancy is lost because a jail delayed or denied care, the main claim generally belongs to the mother, for her own physical and emotional injuries, including the loss of the pregnancy. California courts have generally not allowed a separate wrongful death claim for a baby who was not born alive. If a baby is born alive and later dies, the parents may have a wrongful death claim for the child.

If the mother died, her children, spouse and in some situations other family members can bring a wrongful death claim, and her estate can bring a survival claim.

The evidence usually turns on timing: when she first asked for help, what she reported (bleeding, pain, fluid, fewer movements), who was told, and how long it took to get her to a doctor or hospital. Medical request slips, nurse notes, intercom logs, transport records and video can show that. A miscarriage or stillbirth is also a medical event that should be reviewed by an independent obstetric expert, not only by the jail's own staff.

What to do now

If you or your loved one is still in custody and pregnant

1. Ask for care in writing. Request a pregnancy test, a prenatal exam and prenatal vitamins on a medical request slip. Note the date. You have a right to the test within 72 hours of asking and to be scheduled for an exam within seven days of a confirmed pregnancy.
2. Report symptoms right away, every time. Bleeding, pain, leaking fluid or fewer baby movements should be reported to staff immediately and then in writing.
3. Tell the criminal defense attorney. Defense lawyers can raise medical needs with the court. Family members can call the defense lawyer with concerns.
4. File a grievance if care is denied or delayed. Grievance deadlines can be short, and using the process can matter for any later federal lawsuit filed while still in custody.

After a loss or injury

1. Request the medical records from the hospital and the jail. The person treated can request her own records.
2. Write down dates, names, and what staff said. Keep letters, voicemails and texts.
3. Do not sign anything from the county or a jail medical contractor before getting advice.
4. Talk to a lawyer before the six-month mark. We send preservation letters for video, logs and medical records. Our records and video guide explains how requests work.

If sexual abuse or harassment by staff was part of what happened, our sexual abuse practice handles those claims confidentially.

The deadlines

State-law claims against a California county require a written government claim within six months of the injury or death (Government Code § 911.2). Federal civil-rights claims generally have two years in California. Claims against a private jail medical company have their own deadlines, but the county is usually a defendant too, so the six-month date still matters. See our guide to the six-month government claim deadline.

How LaCour handles these cases

LaCour Trial Lawyers is a trial firm, and a partner leads every case involving police misconduct and wrongful death in custody, across California. We work with independent medical experts, and we have Spanish-speaking lawyers and staff. There is no fee unless there is a recovery. If you lost a pregnancy or were harmed while pregnant in jail, ask for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.