×
You've used up your 3 free articles for this month. Subscribe today.
Eighth Circuit: Shackling Pregnant Prisoner During Labor Unconstitutional
by Matt Clarke
On October 2, 2009, the Eighth Circuit Court of Appeals, sitting en banc, held that shackling a pregnant prisoner while she was in labor constituted cruel and unusual punishment in violation of the U.S. Constitution.
Shawanna Nelson was six months pregnant when she was sent to the …
On October 2, 2009, the Eighth Circuit Court of Appeals, sitting en banc, held that shackling a pregnant prisoner while she was in labor constituted cruel and unusual punishment in violation of the U.S. Constitution.
Shawanna Nelson was six months pregnant when she was sent to the …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Appalling Prison and Jail Food Leaves Prisoners Hungry for Justice, by David Reutter
- Washington Jail a Modern-Day Debtor’s Prison, by Gary Hunter
- From the Editor, by Paul Wright
- Food Problems Contribute to Riot at Kentucky Prison, by David Reutter
- Swine Flu Scare Leads to Unrest at Overcrowded Massachusetts Jail, by Matthew Clarke
- Illinois Prisoners Sue over Soy-Based Food, by Brandon Sample
- Oklahoma Courts Collecting Fines, Costs at Expense of Justice
- Parole Denials Based Upon Assumptions; Tough Policies Threaten Public Safety at Great Cost, by David Reutter
- CCA Loses Contracts for 9,754 Prison Beds in 18 Months; More Losses Looming
- Missoula County Jail Agrees to Settle Excessive Force Suit for $490,000
- New York Passes Legislation Making HIV, AIDS and HCV Prisoner Care a Department of Health Responsibility, by Christina Hernandez
- $491,668 Settlement in Class-Action Suit Against Spokane County Jail, by Matthew Clarke
- Crisis in Reverse: Counties Struggle with Dwindling Jail Populations, by Gary Hunter
- Retired New York Supreme Court Justice Sentenced to Prison for Sex Trafficking, by David Reutter
- Florida Jail Prisoner Paralyzed by MRSA Sues Prison Health Services
- Indiana DOC Changes Sexually Explicit Publication Policy Due to Class-Action Suit, by David Reutter
- Eighth Circuit: Shackling Pregnant Prisoner During Labor Unconstitutional, by Matthew Clarke
- State of Washington Settles Parolee’s Unlawful Detention Suit for $39,695.10
- Son, Wife of U.S. Congressmen Get Prison Time, by Brandon Sample
- Death Row Prisoner Loses Suit Challenging BOP’s Ban on Face-to-Face Media Interviews
- $300,000 Settlement in New York City Jail Prisoner’s Slip and Fall Accident
- Arkansas Prisoner Almost Dies After Being Left in Feces, by Justin Miller
- Virginia DOC K-9 “Training” Results in Animal Cruelty Charges, by David Reutter
- Kinship Care More Beneficial Than State Foster Care for Children of Incarcerated Parents, by Jimmy Franks
- Illinois Prison Officials Fail to Report MRSA Infections
- New York Voters Okay Prison Slave Labor for Nonprofits
- Guards Suspended, Fired in Prostitution Probe at CCA-Run D.C. Jail
- Three Prisoners Raped at Oklahoma Governor’s Mansion
- Indian Country Gets Stimulus Money ... to Build More Jails, by David Reutter
- Washington DOC Agrees to Settle Inadequate Medical Care Suit for $55,000
- Florida County Jail Discontinues Medical Co-Pay Policy, by David Reutter
- New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages
- Texas Tech and TDCJ Settle Prisoner Suicide Suit for $85,000
- Sex Addicted Ohio Sheriff’s Jail Supervisor Receives $1,000 Following Termination
- Dying in Cell 40: Vermont’s Flawed Contract and Prison Health Service’s Drive for Profit Lead to Prisoner’s Death, by Terry J. Allen
- Georgia Grand Jury Critical of Ticket-Fixing Scam
- California AG’s Spokesman Resigns After Caught Taping Phone Conversations, by Michael Brodheim
- Indiana Indemnification Statute Not Retroactive; Prisoner’s Estate Unable to Collect $56.5 Million Judgment, by David Reutter
- Prison Incident and Investigative Reports Must Be Disclosed Under Alabama’s Open Records Act, by David Reutter
- Prisoner Loses Excessive Force Case in 10 Minutes; Judge Deems Suit Frivolous, Orders $3,000 Paid to Defendants, by Mark Wilson
- 1979 Jail Consent Decree Largely Gutted by PLRA; Reversed on Appeal, by Mark Wilson
- Sweat Lodge Ban Does Not Violate RLUIPA
- Washington State Agrees to Pay $15,000 to Probationer Whose Urine and Blood Were Forcibly Taken from Him
- Illinois Prison Doctor Liable for Failing to Treat Testicular Cysts, by David Reutter
- Texas Court of Appeals Reverses Dismissal of Prisoner’s Retaliation Suit; Second Dismissal Affirmed After Remand, by Matthew Clarke
- Virgin Island Officials Held in Contempt: Prisoner Mental Health Treatment Inadequate, by Matthew Clarke
- Oregon Private Jail Guard is “Corrections Officer”; Prisoner’s Assault Conviction Upheld, by Mark Wilson
- $862,500 Settlement in Mentally Ill Ohio Jail Prisoner’s Death
- NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain, by Mark Wilson
- Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims, by John Dannenberg
- The Real Cost of Prisons Comix, by Lois Ahrens, PM Press, 90 pages, by Gary Hunter
- California Prison Officials Settle Deliberate Indifference Suit for $12,000, by Michael Brodheim
- Iowa Good Time Statute Violates Ex Post Facto Clause, by Brandon Sample
- Over 10 Million in Prison Worldwide, by David Reutter
- News in Brief:
- California: Demand for Speedy Trial Applies to Probation Violation Detainers, by John Dannenberg
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- SCOTUS Clamps Down on Bivens Extension to Prisoner Beaten by BOP Guards at Virginia Lockup, Aug. 1, 2025. Guard Brutality/Beatings, Restraints, Immunity - Absolute and Qualified, Bivens Actions.
- Delaware’s ACLU Files Action on Behalf Of Six Prisoners Assaulted During Midnight Raid, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints.
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025. Systemic Medical Neglect, Failure to Treat, Qualified Immunity.
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025. Showers, Pepper Spray/Tear Gas, Restraints, Physical Injury/Restraint.
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025. Geriatric Classification, Medical, Failure to Treat, Elderly Defendants.
- First Circuit Affirms Denial of Qualified Immunity to Maine Guards who Ogled Prisoner During Childbirth, July 15, 2025. Staff-Prisoner Harassment, Qualified Immunity, Children of Prisoners.

