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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 …
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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:
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
More from these topics:
- $700,000 Paid by West Virginia for Jail Death, Claims Against Wexford Health Pending, Oct. 1, 2026. Wexford Health Services, Restraints, Settlements, Excessive Force (Wrongful Death), Deliberate Indifference.
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, Oct. 1, 2026. OB/GYN, Failure to Treat, Administrative Exhaustion (PLRA), Grievances, Adequacy of Remedy.
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Death of Seattle Detainee—Jailed Despite Not Being “Grounded in Reality”—Costs King County $3.5 Million Settlement, Aug. 1, 2026. Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Monell Liability.

