$1.00 Awarded to Arkansas Female Prisoner Shackled During Labor
$1.00 Awarded to Arkansas Female Prisoner Shackled During Labor
In the United States District Court, Eastern District of Arkansas at Batesville, on July 15, 2010, plaintiff Shawanna Nelson, a prisoner serving an identity fraud sentence at the McPherson facility in Newport, Arkansas, was awarded a single dollar after prevailing in an Eighth Amendment complaint against jail guard Patricia Turensky. Nelson was taken in shackles from the facility to a local hospital for the delivery of her baby, and was kept shackled through her non-epidural labor until just before delivery of a healthy baby.
Nelson sued Turensky, alleging cruel and unusual punishment. As proof, Nelson offered into evidence an umbilical hernia and other shackle related damage. The state argued that Nelson had no right to a shackle-free delivery and that Turensky did not abuse Nelson, but got her to a place where she could receive appropriate care.
The trial court originally denied the state’s motion for summary judgment. An en banc panel of the Eighth Circuit Court affirmed in an interlocutory appeal and the case returned to the district court for further proceedings. The jury found for Nelson, but valued damages at $1.00. See: Nelson v. Arkansas Dept. of Corr., U.S.D.C. (E.D. Ark.), Case no: 1:04-cv-00037-JNN.
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Related legal case
Nelson v. Arkansas Dept. of Corr.
| Year | 2010 |
|---|---|
| Cite | U.S.D.C. (E.D. Ark.), Case no: 1:04-cv-00037-JNN |
| Level | District Court |
| Conclusion | Jury Verdict |
| Damages | 1.00 |