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Oct 2, 2009 · In Nelson v. Correctional Medical Services, 583 F.3d 522 (8th Cir.2009) (en banc), a prison guard shackled the plaintiff's legs during labor, causing permanent injuries while she gave birth. Summary of this case from Barkes v. First Corr. Med., Inc.
Nelson asserts that a reasonable corrections officer would have known that she should not have been restrained by shackles while on the verge of giving birth and that she was in no condition to flee while her whole body was engaged in moving her baby to birth.
that the shackling caused Ms. Nelson to soil herself and the sheets with human waste, Officer Hubbard did not shackle Ms. Nelson during the second night. SA 49, 217-19. In contrast to her insistence on shackling Ms. Nelson during labor and recovery, Officer Turensky repeatedly admitted her knowledge of the obvious health and safety reasons for not
Nelson v. Correctional Medical Services Case Brief Summary: A pregnant woman in prison went into labor and was shackled to a wheelchair and hospital bed during delivery.
Jul 18, 2008 · Nelson was six months pregnant when she entered prison on June 3, 2003. On September 20, 2003, Nelson went to the prison's infirmary because of contractions. The nurses in the infirmary determined Nelson's contractions were strong and Nelson should be transported to the hospital.
Correctional Medical Services (U.S. Court of Appeals for the Eighth Circuit) back to case previous doc next doc
the landmark decision Nelson v. Correctional Medical Services, the United States Court of Appeals for the Eighth Circuit declared shackling unconstitutional and in violation of the Eighth Amendment.7 This Comment argues that pro-shackling laws are unconstitutional, violating the Eighth Amendment’s prohibition against cruel and unusual
