A woman is suing the state of Illinois and the Illinois Department of Corrections, alleging the state prison system forced her to give birth before she was due. Amy Hicks was in custody at the Logan Correctional Center in Lincoln in early 2024, held on a drug conviction. Over her objections, she was taken to a hospital and labor was induced two weeks before her due date.
“I wanted to go into labor naturally for the birth of my child, just like I had when giving birth to my first two children,” Hicks said in a news release. “But when I entered prison, everyone—including doctors and nurses—ignored my wishes and continued forward with scheduling and forcing me to undergo a medical procedure I did not want.”
Illinois Department of Corrections staff and medical providers told Hicks it was prison policy to schedule an induction, and that this was the practice for all pregnant inmates regardless of her wishes or medical needs, according to the suit filed on behalf of Hicks by the American Civil Liberties Union of Illinois [ACLU].
“In response to the rollback of abortion rights in states across the country—even before the Dobbs’ decision—the State of Illinois adopted the Reproductive Health Act to ensure that the government could not intrude or interfere in reproductive health care decisions for anyone in our state,” said Emily Werth of the ACLU.
The Reproductive Health Act was adopted by the legislature and signed into law in 2019. It requires a person to give consent before any medical procedure can be taken.
Werth said there is no exception in the law for people in the custody of the state prison system.
“We hope that the Department will see this lawsuit as an opportunity to change their approach when people in the system are pregnant and align their policies with both the RHA and the U.S. Constitution,” said Werth.
Jennifer Greenblatt, a partner at Goldman Ismail Tomaselli Brennan & Baum LLP and another of Hicks’ attorneys said the incident also violates federal law.
“Every woman in Illinois, no matter her situation, is entitled to the same reproductive and constitutional rights,” said Greenblatt.
Ms. Hicks’ case was filed in federal court in Springfield in early January.
“This action presents federal questions and seeks to redress the deprivation of rights under the Fourteenth Amendment to the U.S. Constitution,” said the complaint.
The suit claimed the labor induction was not medically necessary. Hicks tested positive for high glucose levels once and received a diagnosis of gestational diabetes. She said the positive test was taken on a day she had not been notified it would happen and she had a substantial high sugar breakfast.
“Correctional officers gave Plaintiff a breakfast consisting of a plate of pancakes with syrup, jelly and orange juice, all of which she ate. Throughout the same morning, Plaintiff also consumed several cookies and Kool-Aid; in fact, she was still eating one of the cookies on her way to the medical clinic,” said the complaint.
Hicks said medical staff ignored her comment that she had not fasted before the test.
The suit claimed Hicks repeatedly tested at normal blood sugar levels both before and after the positive test.
The lawsuit said Hicks had previously given natural birth to two healthy children without induction.
Hicks filed at least two grievances objecting to the plan to induce her. One was denied. The suit indicates she escalated it by asking for further review but never heard back. She claimed the prison never responded to her second grievance.
“The whole experience made me upset, stressed and depressed,” said Hicks.
The suit said no one ever told her why she could not be transported to a hospital if she went into natural labor.
“…Only that induction was unalterable prison policy,” said the suit.
The suit claimed women at Logan were regularly transported to the hospital for medical emergencies.
“I hope this lawsuit will mean that no other person in IDOC will go through this sort of experience and everyone’s rights will be respected,” said Hicks.
Hicks lives in southern Illinois.
The state did not immediately respond to WGLT's request for comment.
