Nelson v. Correctional Medical Services

Shawanna Nelson (plaintiff), a nonviolent offender, was sentenced to prison while pregnant. Nelson went into labor while incarcerated. Prison nurses recognized Nelson was experiencing severe, painful contractions and ordered her transported to a civilian hospital for delivery. The nurses told the transporting officer, Patricia Turensky (defendant), to rush Nelson and not to bother using restraints. The prison’s policy was to shackle prisoners receiving medical care only if necessary for safety or to prevent escape. Corrections officers were also instructed to consider the prisoner’s medical needs before applying restraints. At the hospital, Nelson told Turensky that she should be treated like a free person at a free-person hospital. Turensky recognized Nelson was having severe contractions and had no concerns about her misbehaving or being a flight risk. Turensky shackled Nelson’s ankles to the hospital bed. Turensky unshackled Nelson each time a medical professional checked her cervix but then reshackled her after every exam. Turensky had a firearm, never believed Nelson posed a flight or security risk, and thought the shackles were unsanitary. One nurse mentioned to Turensky that she wished the shackles were not being used. The shackles prevented Nelson from moving, stretching, turning on her side, or taking certain beneficial labor positions. The contractions were so painful that Nelson became physically ill. Because Nelson was too far along for an epidural, the doctor gave her only Tylenol for the pain. Turensky noted these events in her log but still did not remove the shackles. Turensky finally unshackled Nelson only when the doctor specifically requested it for the final delivery. As a result of being shackled during her extreme contractions and the bodily changes of labor, Nelson suffered torn abdominal muscles, an umbilical hernia requiring surgical repair, and torn hip muscles. Nelson’s pelvis also repositioned itself incorrectly. Consequently, Nelson suffered permanent sciatic and other pain that required heavy painkillers for management and interfered with basic life activities, including caring for her two children. Nelson sued Turensky and others in federal district court, alleging that being shackled during labor constituted cruel and unusual punishment in violation of the Eighth Amendment. Turensky moved for summary judgment based on qualified immunity. The district court denied the motion, ruling that a jury could find that a reasonable officer should know shackling a prisoner in labor who posed no security or flight risk violates the Eighth Amendment. Turensky appealed to the United States Court of Appeals for the Eighth Circuit. A three-judge panel found Turensky deserved qualified immunity and vacated the district court’s ruling. The full Eighth Circuit then agreed to rehear the matter en banc.