Judge dismisses lawsuit against city, police chief

Some counts were allowed to stand

Judge dismisses lawsuit against city, police chief

ALBANY, GA (WALB) - There has been a major update in a story we’ve been following since 2015. A judge has thrown out all counts against the City of Albany, and Police Chief Michael Persley, in a federal lawsuit involving the death of a woman’s baby.

In 2015, Kenlissia Jones was accused of taking a drug that can induce labor or cause an abortion, when she was around five months pregnant. She claims she did this to “quicken her unborn child’s path to life.”

She says her baby was alive when he was born, but died at the hospital. Two years later, Jones filed suit against the city, Chief Persley, Phoebe Putney Memorial Hospital and several other individuals, claiming the hospital, doctor and nurse breached their duty to care for her baby, causing his death.

Albany Police arrested Jones and charged her with murder shortly after the baby’s death. But, that charge was dropped days later, because the District Attorney said Georgia law doesn’t allow prosecuting a woman who ends her own pregnancy.

In her lawsuit, Jones claimed the city, police chief and several officers committed malicious prosecution for murder, and claimed some of the officers interrogated her while denying her medical treatment and access to a bathroom.

Federal Judge Leslie Gardner has thrown out all counts that were against the City of Albany and Chief Persley. There are several counts that still stand against several officers within the police department.

Previous WALB coverage

The judge did not throw out Jones’ claims of medical malpractice and wrongful death against the hospital, a doctor and a nurse.

Jones has requested a jury trial for her claims. There’s no word on when that might take place.

WALB is waiting to hear back from attorneys for each of the parties for statements on this update.

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