Beltran v. Loenish

Application for a Writ of Habeas Corpus filed on behalf of a pregnant woman who was detained in state custody under a law giving the state jurisdiction over fertilized eggs, embryos, fetuses, and pregnant women at all stages of pregnancy in cases in which the pregnant woman habitually used alcohol or controlled substances. The petitioner was not allowed representation of counsel prior to her detention, though a guardian ad litem was appointed to represent the fetus. Though the petitioner tested negative for controlled substances and her pregnancy was determined to be healthy, she was still detained involuntarily at a drug treatment facility. The suit requested Ms. Beltran’s release and a permanent injunction declaring the law unconstitutional and unenforceable. Petitioner was released from custody, and the state’s proceeding against her was dropped. Final Outcome: The U.S. District Court for the Eastern District of Wisconsin dismissed the case as moot. (See the Application for Writ of Habeas Corpus here. See the district court dismissal order here.)