Downstate Woman Sues Over Forced Labor Induction in Illinois Prison

SPRINGFIELD – A woman who was forced to undergo a traumatic non-consensual induction of labor when she gave birth while in the custody of the Illinois Department of Corrections is asking a federal court to vindicate her rights under the Illinois Reproductive Health Act, a law that explicitly empowers every person in our state to make their own decisions about reproductive health care, and the U.S. Constitution’s protections for the right to refuse unwanted medical care. Amy Hicks, who lives in downstate Illinois, was forced to undergo the induction of her labor while in the state prison system despite making clear to medical providers and IDOC staff members that she wanted to go into labor spontaneously.

“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,” said Ms. Hicks in announcing the lawsuit. “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.”

“The whole experience made me upset, stressed and depressed.”

Ms. Hicks was well into her third trimester of pregnancy when she entered Logan Correctional Center in Lincoln, Illinois in January of 2024. Almost from the moment she got to Logan, Ms. Hicks was told by one prison staffer and medical provider after another that she would be scheduled for an induction of her labor prior to her due date. She repeatedly made clear that she did not want to be induced and wished to go into labor naturally. However, rather than respect her wishes, IDOC staff and medical providers told Ms. Hicks that it was the prison’s policy to schedule an induction, and that this was the practice for all pregnant inmates regardless of her wishes or medical needs.

After several weeks at Logan, Ms. Hicks was taken in shackles to a hospital miles away where she once again told medical professionals that she did not want to be induced. Everyone involved ignored her pleas, the induction was performed, and Ms. Hicks gave birth to her daughter two full weeks before her due date.

“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 of Illinois, who is one of the attorneys representing Ms. Hicks. “There is no asterisk or exception for people under the custody of IDOC. 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.”

The Reproductive Health Act was adopted by the legislature and signed into law in 2019. It is widely recognized as one of the most protective laws in the country addressing reproductive freedom and the right to make autonomous decisions about reproductive health care.

“IDOC’s policy and practice of deliberately disregarding women’s reproductive choices violates Illinois and federal law,” said Jennifer Greenblatt, a partner at Goldman Ismail Tomaselli Brennan & Baum LLP and one of Ms. Hicks’ attorneys. “Every woman in Illinois, no matter her situation, is entitled to the same reproductive and constitutional rights.” Goldman Ismail is partnering with the ACLU of Illinois to seek justice for Ms. Hicks.

“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,” added Ms. Hicks.

Ms. Hicks’ case was filed in federal court in Springfield in early January. A copy of the full complaint is here.