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NELSON v. CORRECTIONAL MEDICAL SERVICES

No. 07-2481.

583 F.3d 522 (2009)

Shawanna NELSON, Appellee, v. CORRECTIONAL MEDICAL SERVICES; Max Mobley, Doctor, Defendants, Larry Norris, Director of the ADC; Patricia Turensky, Officer, Appellants. American College of Nurse Midwives; American Medical Women's Association; National Perinatal Association; Rebecca Project for Human Rights; Citizens for Midwifery; BirthNet, Inc.; The Bronx Health Link, Inc.; California National Organization for Women; Center for Reproductive Rights; Chicago Legal Advocacy for Incarcerated Mothers; The D.C. Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs; Florida Institutional Legal Services, Inc.; Justice Now; Law Students for Reproductive Justice; Legal Momentum; Legal Services for Prisoners With Children; Lutheran Social Services of Illinois Connections Program; Maternal and Child Health Access; The Ms. Foundation for Women; National Juvenile Justice Network; National Women's Health Network; National Women's Law Center; National Women's Prison Project; The New Mexico Women's Justice Project; The Northwest Women's Law Center; The National Organization for Women Foundation; Penal Reform International; Prison Legal News; Prisoners' Legal Services of New York; SisterSong Women of Color Reproductive Health Collective; Southwest Women's Law Center; Texas Jail Project; The Uptown People's Law Center; Women on the Rise Telling Her Story, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 2, 2009.

Attorney(s) appearing for the Case

Scott Paris Richardson, AAG, argued, Little Rock, AR (Christine Ann Boozer, AAG, on the brief), for Appellant.

Elizabeth Alexander, argued, Washington, D.C. (Cathleen V. Compton, Little Rock, AR, on the brief), for Appellee.

Before LOKEN, Chief Judge, WOLLMAN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, En Banc.

MURPHY, Circuit Judge.

Shawanna Nelson brought this 42 U.S.C. § 1983 case asserting Eighth Amendment violations by Larry Norris, Director of the Arkansas Department of Correction (ADC), and ADC corrections officer Patricia Turensky. Nelson alleges that while giving birth to her child she was forced to go through the final stages of labor with both legs shackled to her hospital bed in violation of the Eighth Amendment. She alleges that Director Norris failed to...

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