Jail blazers: How reporters’ tenacity is changing laws around pregnancy behind bars
When Mackenzie Mays stumbled across a lawsuit about a woman forced to give birth in jail, she had no idea the systemic failure and tragedy she was about to uncover.
In a yearlong investigation, Mays, a Bloomberg Law reporter, and NBC News journalist Jon Schuppe uncovered 54 lawsuits from women and their families alleging severe mistreatment or medical neglect in jails.
The response to was swift: Officials at the federal and state level—including lawmakers in eight states—have proposed laws or pledged legislation to prevent more cases of neglect and mistreatment.
“This is part of a system that does not work for women who are pregnant in jail, even though there are court rulings and standards of care that should be preventing it from happening,” Schuppe said.
Mackenzie Mays, left, and Jon Schuppe, right. Photos provided by Mays and Schuppe.
Mays and Schuppe’s in-depth research and tenacious investigative reporting was recognized this spring with the Al Nakkula Award for Police Reporting, awarded by the journalism department of 91ý’s College of Communication, Media, Design and Information and the Denver Press Club.
Luige del Puerto, editor of the Denver Gazette and this year’s guest judge, said the reporters made clear that no one should give birth in jail, without ignoring the choices that put these women behind bars.
“The women in this story are not portrayed as angels. They had problems—drugs, DUI or, in the case of Chasity Congious, a schizoaffective disorder along with developmental disabilities,” del Puerto said. “Whether she belonged in jail is the wrong question. For their sins, their babies paid the price.”
The babies survived in only 21 of the 54 cases examined by the reporters, and two mothers died. Most of the women had been arrested on low-level, nonviolent charges, and told the reporters their medical concerns were dismissed by correctional workers in emergency healthcare situations.
Reliving ‘the worst days of their lives’
The Nakkula judges were impressed by the reporters’ determination to ensure the women behind every case were able to tell their stories.
“We were asking them to relive the worst day of their lives,” Mays said. “It was very important to us to make sure we told every single woman’s story.”
Building that kind of trust took time: Mays accompanied one woman as she went through her daily routine, attending nail appointments and family meals. Schuppe sent handwritten letters to contact a woman who, in recovered body camera footage, writhed on the floor of a jail cell as her cries for help were ignored.
“I was so impressed with the resilience of women and mothers. The survival instincts of some of these women is incredible,” Mays said. “People chewed through umbilical cords. People found ways to survive and do CPR on their babies that were born into toilets.
“That’s what really stuck with me at the end of it—not only did they try to survive, they believed in that fight enough to sue, and then relive it to share it with us.”
As part of their reporting, Mays and Schuppe created a public database so readers and policymakers could learn more about each woman’s story and identify cases that happened in their own states.
The story was published in late November, but already there are signs of its potential impact. Lawmakers from California to Louisiana are exploring policies designed to protect mothers and infants, such as keeping pregnant women accused of nonviolent offenses out of jail during pretrial proceedings.
In 2023, Rep. Sydney Kamlager-Dove introduced the Pregnant Women in Custody Act in Congress. Mays and Schuppe said she plans to bring a new version of the bill to the floor following their story; the measure would require federal data collection on pregnancies in jails and teaching corrections staff about the risks faced by pregnant detainees.
“There are very fewconcrete aspects of impact that you can point to that are more important than having a law changed. It’s very rewarding to have that kind of work being done because of the journalism we do.”
Jon Schuppe, NBC News
Schuppe said the chance to see that impact, after a year spent chasing the story, has been gratifying.
“There are very few concrete aspects of impact that you can point to that are more important than having a law changed,” he said. “It’s very rewarding to have that kind of work being done because of the journalism we do.”
Their passion for change, and tenacious reporting, reflected the legacy of lateRocky Mountain News reporter Al Nakkula, whose legendary police reporting is honored through the award.
“He was a real dogged reporter, and so in the tradition of Al Nakkula, we really try to honor newsrooms or projects that are in his spirit—doing reporting that takes a lot of work,” said contest judge Chuck Plunkett, assistant teaching professor of journalism and director of CU News Corps, the capstone journalism program at CMDI.
“We want to see really great journalism that has the potential to change things. We really value impact.”
That emphasis on impact can also be seen in , which went to Richard Webster, of Verite News, in collaboration with ProPublica. Webster’s reporting helped nullify a first-degree murder conviction for a man accused of raping, biting and drowning a child; he had been found guilty nearly three decades ago based on expert testimony that was dismissed as junk science.
Each year, Nakkula contest judges look for stories that meet the highest journalistic standards, help readers understand complex issues and solutions, show a commitment to community, and bring about societal change. The award has been presented annually since 1991.
Ellie Chase is studying journalism at CMDI, with a minor in business. She covers students and student news at the college.