072481P.pdf   10/02/2009  Shawanna Nelson  v.  Larry Norris
   U.S. Court of Appeals Case No:  07-2481
   U.S. District Court for the Eastern District of Arkansas - Batesville   
   [PUBLISHED] [Murphy, Author, for the Court En Banc]
   Prisoner case - Prisoner civil rights. For the vacated panel opinion in
   the case, see Nelson v. Corr. Med. Servs., 533 F.3d 958 (8th Cir. 2008). 
   From all of the evidence a factfinder could draw the inference that
   defendant Turensky, the corrections officer who shackled plaintiff to her
   hospital bed during the delivery of her child, recognized that shackles
   interfered with plaintiff's medical care, could be an obstacle in the event
   of a medical emergency, and caused unnecessary suffering at a time when
   plaintiff would likely have been unable to flee because of the pain and
   birth process; as a result there was sufficient evidence in the record to
   permit a reasonable factfinder to determine that Turensky's actions
   violated the Eighth Amendment; since plaintiff's right to be free of such
   cruel and unusual punishment was clearly established, the district court
   did not err in denying Turensky's motion for summary judgment based on
   qualified immunity; with respect to plaintiff's claims that defendant
   Norris, the director of the department of corrections, violated her Eighth
   Amendment rights by failing to ensure that proper policies and customs
   were in place with respect to the restraint of female inmates in labor,
   there was no evidence that Norris personally displayed deliberate
   indifference to the hazards and pain resulting from shackling a prisoner
   during the final stages of her labor, and the district court erred in
   denying his motion for summary judgment based on qualified immunity.
   Judge Riley, with whom Chief Judge Loken, and Judges Colloton,
   Gruender and Shepherd join, concurring in part and dissenting in part.
  
072481P.pdf   07/18/2008  Shawanna Nelson  v.  Larry Norris
   U.S. Court of Appeals Case No:  07-2481
   U.S. District Court for the Eastern District of Arkansas - Batesville   
   [PUBLISHED] [Riley, Author, with Gruender and Shepherd, Circuit Judges]
   Prisoner case - prisoner civil rights. Defendants were entitled to
   summary judgment based on qualified immunity on plaintiff's claims that
   they violated her Eighth Amendment rights when they shackled her
   during the delivery of her child; this court has held that the shackling 
   of prisoners during medical procedures serves a legitimate penological
   goal and does not constitute a constitutional violation.