Deshawn Balka, 25, is suing both Clayton County, Ga., and Sheriff Kem Kimbrough for allegedly taking inadequate care of her baby after she prematurely gave birth to her son, who later died.

In April, Balka was arrested for violating probation on a marijuana possession sentence. At the time, Balka was five months pregnant. As she stayed in the Clayton County jail, she began to experience contractions, and reportedly called out for help in vain.

Three hours later, Balka was in full labor, delivering her son in to the jail toilet.

According to Balka, even after the child was born, it still took between five to 10 minutes for jail staff to assist her.

As a result, Balka’s baby died, and she is still mourning the loss of what would have been her first child. She said, “I wish and I pray that I would have gotten the care that I requested.”