8th Circuit Court of Appeals holds shackling woman during labor unconstitutional
Sat, 10/24/2009 - 8:08pm | 
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On October 2, 2009 the federal Eighth Circuit Court of Appeals found that shackling a woman to her hospital bed during labor is cruel and unusual punishment, and unconstitutional under the Eighth Amendment. CLAIM was among 34 advocacy groups nationwide that submitted an amicus brief in the case. You can read the en banc decision in the case here.
Shawanna Nelson was shackled during labor while serving a sentence for credit card fraud and bad checks in Arkansas. She had permanent hip injury, torn stomach muscles, and an umbilical hernia requiring surgery. She now cannot sleep or bear weight on her left side, cannot play with her children and cannot take part in athletics. Her doctors have advised her not to have any more children. You can see Shawanna Nelson’s YouTube interview here.
Mothers who endured labor in shackles have filed four separate suits in federal court in Chicago. Like Shawanna Nelson, the overwhelming majority of women in pretrial detention are charged with nonviolent offenses. We call on Sheriff Tom Dart to stop the illegal shackling of women in labor in Cook County.
Create guardianships so children can stay with trusted caregivers, and out of the foster care system. Teach mothers in jail about family law and the best interest of the child. Host meetings for formerly imprisoned women. Testify at public hearings to win humane policy. Meet with corrections officials to make visits better for children. These are a few things that CLAIM staff and volunteers do to bring justice to incarcerated mothers and their children. You can help us make a difference. Please be as generous as possible.
Current Size: 100%
- Approximately 80% of the 16,239 women in Chicago’s Cook County Jail in 2004 were mothers.
- About 80% of women detained at Cook County Jail are charged with non-violent crimes.
Because children need their mothers.