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Author Topic: Court To Rehear Childbirth-Shackles Case  (Read 6861 times)

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Offline Dazzler

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Court To Rehear Childbirth-Shackles Case
« on: August 30, 2008, 08:58:41 AM »
Court to rehear childbirth-shackles case

LITTLE ROCK - A federal appeals court on Thursday agreed to rehear a pregnant inmate's claim that the state prison system violated her rights when it shackled her as she was in labor.

The 8th U.S. Circuit Court of Appeals at St. Louis set aside a panel's decision last month that Arkansas Department of Correction Director Larry Norris and guard Patricia Turnesky should be immune from the lawsuit by former inmate Shawanna Nelson. The court granted Nelson's request for an "en banc" or full court review of the panel's decision.

Nelson sued the prison system in 2004, claiming she experienced extreme mental anguish, pain and suffering from being shackled as she was in labor.

"I think the panel made a terrible decision, so I want the full court to have an opportunity to hear the case and make a decision," said Cathleen Compton, Nelson's attorney. "There's a full court there for a reason."

Nelson gave birth in 2003 while serving a sentence at the McPherson Unit in Newport for credit card fraud and passing hot checks. Turnesky took Nelson to a hospital, where the inmate was handcuffed and shackled until the medical staff needed to draw blood and check how far she was dilated. The rest of the time, Nelson remained shackled to the hospital bed's handrail by at least one ankle.

At a doctor's request, Turnesky removed the 18-inch leg chain as Nelson gave birth but reattached the restraint afterward.

In June 2007, U.S. District Judge James M. Moody accepted the ruling of a federal magistrate judge, allowing Nelson's suit to continue on constitutional grounds against Norris and Turnesky. The appeals court panel last month overturned Moody's decision, citing another case that allowed guards to shackle inmates to prevent them from escaping.

In 2004, correction officials adopted a policy against using metal restraints on pregnant women as a compromise with state legislators and a nonprofit group opposed to the chaining of pregnant inmates. A bill to ban the practice in law by state Rep. Sharon Dobbins, D-North Little Rock, died in a Senate committee during the 2007 legislative session.

The state Department of Correction's policy allows for "soft restraints" made of nylon to be used to bind an inmate to a wheelchair or hospital bed if they are an escape risk. Typically, prison officials say they grant pregnant women "trustee" status, meaning they are transported without restraints.

Arguments before the full court have been set for Sept. 24.

Dina Tyler, spokeswoman for the Department of Correction, said officials weren't surprised by the court's decision and said she believed the department would prevail again before the full court.
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Offline downtownchicago

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Re: Court To Rehear Childbirth-Shackles Case
« Reply #1 on: September 03, 2008, 06:38:41 PM »
A leg chain is a bit much !  I can understand using some kind of restraint to keep her from running.

Offline nls74

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Re: Court To Rehear Childbirth-Shackles Case
« Reply #2 on: September 03, 2008, 07:01:56 PM »
 :wc13: wow thats harsh!!

Offline LukesWife13

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Re: Court To Rehear Childbirth-Shackles Case
« Reply #3 on: April 09, 2009, 07:36:47 PM »
yah cause she can escape while she is labor i guess those guards had never been in labor befor i could see it in recovery
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Offline RT

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Re: Court To Rehear Childbirth-Shackles Case
« Reply #4 on: April 09, 2009, 09:15:42 PM »
Illinois has a law banning restraining a woman in labor. If this federal judge allows this practice to continue, you can be rest assured other states will follow.

I know that escaping is the first thing on a woman's mind as she is ready to give birth...what jerks, the people running these correctional departments anymore.

"Imprisonment has become the response of first resort to far too many of our social problems."
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Offline shorty24

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Re: Court To Rehear Childbirth-Shackles Case
« Reply #5 on: April 10, 2009, 02:00:08 AM »
Wow that was a bit much don't you think  :wc13:
When he's hurting I'm hurting, When I'm hurting he's hurting. (I'm him, he is me!)

Offline babybabybaby

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Re: Court To Rehear Childbirth-Shackles Case
« Reply #6 on: April 20, 2009, 08:06:56 PM »
Are we becoming a police state? Are we here at IPT the only ones greatly disturbed by the lack of love and humanity allowed to be experienced by those most needing it? We can change this and show the world there is a more excellent way.
The love in your heart wasn't put there to stay.
Love isn't love until you give it away.

A small group of thoughtful people could change the world. Indeed, it's the only thing that ever has.
Margaret Mead

Offline HisGirl

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Re: Court To Rehear Childbirth-Shackles Case
« Reply #7 on: April 20, 2009, 09:23:33 PM »
Wow, that is insane. Are these people stupid or what? Where is she going to go in that kind of pain and with a baby. Yes, it does make you wonder if we are becoming a police state? Lately, I have been wondering about a lot of things that are allowed to go on. It is getting really crazy.
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Offline klo

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Re: Court To Rehear Childbirth-Shackles Case
« Reply #8 on: April 20, 2009, 09:32:29 PM »
I did not move fast while in labor or for DAYS after both of mine were born!  Seriously, DOC is full of morons nationwide.