Chasity Congious was a pretrial detainee at Tarrant County Jail who gave birth at 37 weeks in her cell, with the infant found stuck in her pants. The baby was transported to a hospital but died 10 days later. Dr. Aaron Shaw, the jail's medical director, had reviewed notes from Congious's OB/GYN recommending elective induction between 39-40 weeks but did not see a daily report email noting her abdominal cramps on the morning she gave birth.
Writing for the majority, Circuit Judge Jerry Smith found Shaw could not have violated Congious's Fourteenth Amendment rights because he lacked subjective knowledge of substantial harm. "Because Shaw did not have subjective knowledge that Congious faced a serious risk of harm, he did not violate her Fourteenth Amendment rights," Smith wrote. The court noted Shaw "did not see the daily report email or attachments referencing Congious's abdominal cramps until after Congious had given birth."
Congious had sued Shaw under Section 1983 for denial of medical care, with both parties filing cross-motions for summary judgment in the Northern District of Texas. The district court granted Shaw's motion and denied Congious's, prompting the appeal. Shaw had argued qualified immunity, contending Congious could not show a genuine dispute over denial of medical care.
Circuit Judge Jacques Wiener concurred in the judgment but disagreed with the majority's reasoning, writing that "a jury could find that Shaw knew of the obvious and substantial risk Congious faced." However, Wiener agreed Shaw was entitled to qualified immunity because Congious failed to show the right was clearly established. The decision highlights ongoing challenges in Section 1983 claims against jail medical personnel.