Incarcerated and denied medical care.

“As I sat there in the cold hospital waiting room, dreading the moments and days ahead, the other women I arrived with came back smiling,” said Jennifer. “To see photos of their ultrasounds while waiting for a surgery that would rob me of the chance to be a mother was like rubbing salt in my wound.”

Every time Jennifer* looks at herself naked she sees the scar across her abdomen and is taken back to the day she underwent a full hysterectomy. She remembers how prior to her surgery, she spent three years in continuous agony, pleading with correctional officers for help in Grants, New Mexico.

“I could never understand why it was so difficult for them to show me just a shred of compassion… a shred of humanity"

When she runs her fingers across the smooth blemish, Jennifer wonders if she ever would have developed advanced endometrial cancer if only prison staff would have taken her to get a biopsy sooner, rather than blaming her vaginal bleeding on her weight and prescribing birth control, which in fact worsened her condition.

“I could never understand why it was so difficult for them to show me just a shred of compassion… a shred of humanity,” said Jennifer through tears. “I left the hospital just five days after my surgery, with 27 staples still in my abdomen, and the prison couldn’t even be bothered to change my bandages.”

With no one else to turn to, Jennifer took to using sanitary napkins to keep her wound clean, but despite her best efforts, she developed a life-threatening infection known as MRSA. The prison delayed removing her staples for so long that her skin began to heal over them, making removal difficult and painful. Eventually Jennifer’s wound and infection healed, but years of torment and neglect left her with emotional scars that are still fresh.

Sadly, Jennifer’s story is not unique.

Every day, women behind bars suffer from treatable physical and mental illnesses. But they are ignored or forgotten. Their treatment is delayed. And when they finally receive it, care is inadequate. All too often, the consequences of this neglect are dire.

Our country’s penchant for punishment over tackling the root causes of crime has created a criminal justice system wherein tragedy and death are expected outcomes. Treating imprisonment as the only answer to violations of the law — or even possible violations of the law — has made us blind to people’s humanity and blind to the harm that results not just for incarcerated people, but for entire families and communities.

The ACLU of New Mexico is fighting to end this cruel system. We are documenting the stories of incarcerated people who have been denied medical care and who have suffered at the hands of prison staff, and we are working tirelessly to institute protections through administrative processes, the legislature, and the courts.

"My cancer could come back at any moment and what will happen if I don’t get the treatment I need?"

Nearly forty years ago, the U.S. Supreme Court ruled in Estelle v. Gamble that ignoring a prisoner’s serious medical needs amounts to cruel and unusual punishment under the Eighth Amendment. As the Court pointed out, incarcerated individuals are completely dependent upon prison authorities for every necessity, including treatment of their medical needs. If staff refuse to help them, they have no other recourse.

Just last month, Jennifer reached out to us after the facility where she is incarcerated refused to take her to a three-month follow-up appointment concerning a lump in her breast. We wrote the prison a letter demanding they make immediate arrangements for Jennifer to see her doctor, and reminding the prison that deliberate indifference to Jennifer’s medical needs constitutes a violation of her rights under the United States Constitution.

“My biggest fear is that I will slip through the cracks again,” Jennifer said. “My cancer could come back at any moment and what will happen if I don’t get the treatment I need? I know one thing — I won’t stop fighting for myself or for all the other women in here struggling to get their basic needs met.”

*Our client’s name has been changed to protect her identity.

Date

Friday, June 14, 2019 - 12:00pm

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ACLU-NM client Jordan McDowell speaks out about racial discrimination at Allsup’s

 
When pre-med student Jordan McDowell walked into a Santa Fe Allsups while on a school trip last August, he expected to purchase some snacks and get on his way. But after a store clerk called 911 to request McDowell be removed from the store for being “arrogant” and “black,” he began to fear that an ordinary shopping trip might quickly turn into a dangerous encounter. 
 
His experience was just the latest in a series of racial profiling incidents to make headlines that year. McDowell, like dozens of others who’ve spoken out about their experiences, refused to be silent about the discrimination he faced. In December 2018, the ACLU of New Mexico and cooperating attorney Richard Rosenstock filed a complaint with the New Mexico Human Rights Bureau on McDowell’s behalf. Together, we’re fighting to ensure that all people in our state can enter a storefront without fear that they will be discriminated against or endangered because of the color of their skin. 
 
The Torch: What happened when you went to Allsups in Santa Fe on August 3, 2018?
 
Jordan McDowell: I was there taking a brand new course, which involved exploring pueblo lands and learning about Native American culture. We were there for about 2 weeks so I went to Allsup’s to get snacks and drinks — things that would last me for the rest of the time that I would be there. Once I got in, I walked around for nine minutes and after nine minutes one of the store clerks stopped me and said I was looking “sneaky” and “suspicious.” I told her there were other people in the store who were there just as long as me. And I asked, “Why aren’t you telling anybody else that?” Then another store clerk, who was watching me the whole time I was in there, came around and just started watching as we continued to talk back and forth.  And that store clerk tells me, “you need to go, you need to go.”  So I asked her, “Why do I need to go?” And she said, “Ok, you know what, I’m just calling the police.” And that’s when she told the dispatcher she wanted me out because I was “arrogant.” Because I was “black”.
 
The Torch: The police actually came.  How did they handle the situation?
 
Jordan McDowell: They came, but they said “well, we weren’t going to come, we weren’t taking this seriously.  This was just on the way, so we just stopped by and you came up to us,” which I did. As the car pulled up in the parking lot and parked, I walked up to the police car myself.
 
The Torch: Do you think it was an appropriate response?
 
Jordan McDowell: The appropriate response for me would be just not coming in the first place because for me it was a traumatic experience — not just dealing with racism but getting the police called on me and thinking, “Okay they’re really coming and going to remove me from this store for being black.” I think just not responding to racial profiling instances would be the best bet.
 
The Torch: There are a lot of experiences like yours that have made news headlines in the last year.  Do you feel like the discrimination you faced is similar to some of these other stories?
 
Jordan McDowell: Oh yes, most definitely. I did a interview for the university I go to in New Orleans and that’s one of the reasons I gave for why I’m so willing to speak up and speak out. I was always taught that my voice is the the most powerful thing that I have and nobody can take it from me. I have to speak up because there are people like Trayvon Martin and Tamir Rice who were racially profiled and didn’t live to tell their side of the story.  I have to tell my side of the story and I have to let the public know that not only is this not okay, it never will be okay.
 
The Torch: How has this experience affected you personally?
 
Jordan McDowell: It really opened my eyes up to the world. I mean I always knew it, but this incident really showed me there’s still a lot of racism in this country.  It’s one thing to see it and it’s another thing to actually deal with it and go through it. I think for the rest of my life this experience is going to be with me.
 
The Torch: What would justice look like to you?
 
Jordan McDowell: I want to see that this type of situation doesn’t happen ever again to African Americans where they go into a store and walk out feeling the way I felt, really questioning did I do something wrong?  You should never question if being African American in this country is wrong. You should never be made to feel like you did something wrong because of your skin color. I want this to be a stepping stone for people to understand this will never be tolerated and it’s never right.  And for all African Americans out there going through this, your voice is the most powerful thing that you have and just like me you have to use it. 

 

Date

Monday, June 10, 2019 - 6:15pm

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ACLU-NM client Jordan McDowell speaks out about racial discrimination at Allsup’s.

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