Mt. CLEMENS, Mich. (FOX 2) - Shantanice Barksdale’s lawyer provided FOX 2 the video of a Macomb County Sheriff Deputy pushing her head into a wall. It happened at the county jail in July as deputies took Barksdale back to her cell from a hospital visit.
"You can imagine how my client feels that she’s still incarcerated with her abuser," said attorney Ivan Land.
Barksdale’s lawyer plans to take legal action against the county saying what happened in the video from a body-worn camera video is proof of wrongdoing.
"This could have been prevented," Land said. "They allege that Ms. Barksdale, they believed that Ms. Barksdale was going to spit on them. If they would have followed CDC guidelines and had a mask on her, that would have prevented that."
Macomb County Sheriff Anthony Wickersham says investigators probed the incident and found a policy violation occurred. As for the deputy in question, Wickersham says they do not comment on disciplinary action.
"The attorney and the family at the very least, need to be made aware of what the discipline is," said Skip Mongo, a family spokesman.
"If an individual, one of us, had done that, we would be charged," Land said. "So I’m very disgusted in hearing that no one has reached out to our client or myself, to let us know anything that’s going on with this particular individual that assaulted Ms. Barksdale."
FOX 2 first told you about the incident in July. Land petitioned the court to have Barksdale released, but was denied.
"We did not have the video at the time I filed the first motion and the judge requested that we give him more information," Land said.
Video still shot of Shantanice Barksdale's alleged assault in jail.
Barksdale is serving a 10-month jail sentence for child abuse. Her 18-month-old daughter Ava Floyd died after ingesting fentanyl on Christmas day 2018.
Ava’s father Antonio Floyd is serving a five- to 20-year sentence for his role in the girl’s death.
Barksdale is set to be released December 31st. Land says that’s when he will file a lawsuit against the county sheriff's office.