United States Eighth Circuit

In a 42 U.S.C. section 1983 action claiming that defendant prison personnel interfered with plaintiff's childbirth, denial of summary judgment to defendants is affirmed in part where a reasonable fact-finder could determine that there was substantial evidence of one officer's general awareness of the risk of harm from shackling a woman in labor. However, the district court's order is reversed in part where there was no evidence of deliberate indifference to plaintiff's health on the part of the prison director.

Appellate Information

• Decided 10/05/2009
• Published 10/05/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

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


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