Georgia woman turns to 11th Circuit after baby dies in troubled jail

ATLANTA (CN) — A Georgia woman whose baby died after she gave birth in jail is asking the 11th Circuit to review whether a settlement agreement bars certain claims against Clayton County and its troubled former sheriff.

The woman argues a lower court abused its discretion when it axed those claims — but an 11th Circuit panel said Friday they likely do not have jurisdiction to intervene while the case remains active in Atlanta federal court.

"The problem is, she may still have claims pending against other defendants," said U.S. Circuit Judge Adalberto Jordan, a Barack Obama appointee.

Tiana Hill knew she was pregnant when she was detained in Clayton County in September 2019. The mother of three was arrested that month on charges of battery and violation of probation, according to Clayton County Jail documents.

And yet for more than three months, jail staff denied Hill's repeated requests for medical care for her and her unborn child, the parties said in a settlement agreement. When she went into labor in December, the staff refused to send her to a medical facility. She gave birth in her underwear at the jail infirmary.

That child, Damir Hill, were taken to the hospital the next day, where he died four days later.

Hill reached a settlement agreement in 2022 with CorrectHealth Clayton, the medical provider at Clayton County Jail, and Charles Compton, the jail’s doctor.

As part of the confidential settlement agreement, Hill was required to withdraw all medical claims, including wrongful death claims. She also agreed not to pursue "any vicarious liability claims of any kind derived from the delivery of medical care against the remaining parties in this case."

That's raised legal questions over whether Tiana Hill can still bring certain claims against Clayton County and former Sheriff Victor Hill. Tiana Hill has pending constitutional, Eighth and Fourteenth Amendment claims against both parties. The disgraced lawman served time after a court in 2022 found him guilty of violating the civil rights of several nonviolent detainees by strapping them in restraint chairs for hours.

Hill and her lawyer Mitchell Albert say the disputed claims should be allowed to proceed. They argue the settlement agreement concerns the delivery of medical care, whereas dismissed claims against Clayton County and Victor Hill concern "non-delivery."

Clayton County's attorney, Jacob Daly, disagrees. He filed a motion to enforce the settlement agreement and strike them, which a lower court granted last year. That set up this 11th Circuit hearing to determine whether Tiana Hill's claims for medical non-delivery should be added back.

On Friday, though, the 11th Circuit judges seemed wary of wading into the still-active case.

"We don't have jurisdiction because the case is not over," U.S. Circuit Judge Frank Hull said.

The Bill Clinton appointee told Albert that while settlement agreements often prevent a plaintiff from pursuing further action, this one had nonetheless allowed some of Tiana Hill's claims to proceed.

"They really tried to help you," the judge added.

Jordan and Hull were joined on the panel by U.S. Circuit Judge Jill Pryor, another Obama appointee.

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