Apr 16th, 2009
Posted by Elizabeth Alexander, National Prison Project at 12:55pm	Prisoners' Rights, Reproductive Freedom, Women's Rights

ACLU Works to End Barbaric Practice of Shackling Pregnant Women Prisoners

Shackling pregnant women during active labor and childbirth is, unfortunately, all too common in our nation’s prisons and jails. One such victim of this practice was Shawanna Nelson, who entered the Arkansas prison system when she was six months’ pregnant, with a short sentence for a non-violent crime. When she went into labor, the correctional officer accompanying her shackled her legs to opposite sides of the bed, and removed the shackles only long enough for the nurses to examine her. Ms. Nelson remained with both her legs shackled to the bed until she was taken to the delivery room, and she was re-shackled immediately after the birth of her son, who weighed almost ten pounds. The shackles caused Ms. Nelson to suffer cramps and intense pain, as she could not adjust her position during contractions. After childbirth, the use of shackles caused her to soil the sheets, because she could not be unshackled quickly enough to get to a bathroom. The correctional officer knew that Ms. Nelson was not a flight risk, and knew that the restraints caused pain and unsanitary conditions. According to expert obstetricians, shackling women during labor is inherently dangerous.

A federal district judge ruled that a jury should decide whether Ms. Nelson’s treatment violated the Eighth Amendment, but the defendants appealed to the 8th Circuit Court of Appeals. A three-judge panel reversed the district court and dismissed Ms. Nelson’s case. With the help of the ACLU's National Prison Project (NPP), Ms. Nelson was able to persuade the court of appeals to grant rehearing before the entire court and in September 2008 NPP staff argued on Ms. Nelson’s behalf that her case should go to trial. We await a decision.

Meanwhile, the ACLU works to persuade prisons and jails to end this barbaric practice. The National Prison Project, together with the ACLU’s Reproductive Freedom Project, the Women’s Rights Project, and many of our state affiliates are part of a national coalition advocating for changes in policy and law at the federal and state level. To date, the Federal Bureau of Prisons and the U.S. Marshals’ Service have both issued policies severely limiting the shackling of pregnant women and several state legislatures are now considering bills to limit or end the practice. Our policy and advocacy work continues to raise national awareness about efforts to ban shackling of pregnant women prisoners across the country. In addition we continue to negotiate with Immigration and Customs Enforcement to ensure that pregnant women held as immigration detainees in federal, state and local facilities are not subject to this cruel and degrading practice.

Learn more about how pregnant women prisoners are treated in your state.

Permalink |	Prisoners' Rights, Reproductive Freedom, Women's Rights

1. Mr. Andy Says:
   Apr 16th, 2009 at 9:16pm

   Why not tell the whole story? what was the "non violent crime" that landed her in this situation...while pregnant? Obviously to land in prison while pregnant is an immediate danger to the unborn child. So...maybe the shackles were placed on her for a reason. This blog entry is very one sided.

2. DLuna Says:
   Apr 17th, 2009 at 7:32am

   Don't need lawyers for this one. Memo to all pregnant woman - don't commit crimes. If you do you may go to prison and while the state is delivering your child, free of charge no doubt, you will be in shackles as are all prisoners when being transported, for the safety of the corrections staff not for the comfort of the prisoner, and you might even soil the bed at some time during the procedure.

3. Lelia Katherine Thomas Says:
   Apr 17th, 2009 at 8:16pm

   As a libertarian-minded young woman, I don't see how shackling anyone who is non-violent will produce positive results, whether that person has indeed been convicted of a crime or is being held in detention for other, various reasons.

   This was not an issue of transporting Nelson, as DLuna says. This was an issue of shackling someone who was going through labor, a painful and frightening experience; she was shackled at the infirmary, not just when being transported there. While in the infirmary, she wasn't going to escape, and it is HIGHLY unlikely that she would have gotten up to any "mischief," particularly given that she has a non-violent history.

   And to Mr. Andy: I went and looked up the court documents concerning this, and her crimes were indeed non-violent. You could have taken an extra minute to search this yourself (Google Shawanna Nelson), but since you seem to have felt this woman's life and story was not worthwhile enough to truly inform yourself, let me inform you. She was incarcerated for credit card fraud and hot checks--white collar crimes that, while indeed harmful, are not violent. The report of her case also mentions other, similar atrocities, including the fact that a comatose inmate was shackled to his hospital bed, despite extreme leg swelling. So, are the shackles placed for a reason? I'll let you decide, but I must say your comment is very one-sided itself and willfully ignorant. It is precisely the reason those with authority are sometimes too powerful for their or anyone else's good.

   It is ironic that a nation so hell-bent on "right to life" concepts, and being in on the business of others, can so often, at the same time, support (or at least conveniently ignore) these sorts of atrocities that not only endanger and disregard the lives of those already born, but also, in cases like these, the lives of those entering the world.

   If this painful, unfair and out of control experience has not forever mentally scarred this woman, it has certainly given her enough reason to hate and resent authority. I'm sure that will only encourage her to not abide the law when she is released.

4. TooMuchTime Says:
   Apr 17th, 2009 at 10:10pm

   Too right - prisoners are prisoners. If she hadn't done the crime, she would have to worry about being in prison and pregnant, now would she? Isn't that the real issue? I, too, would like to know the "non-violent" offense. And, though it's been a while since my labor experience, I remember it being just FULL of cramps and intense abdominal pain. It's not fun - that's while they call it "labor". BTW, it still hurts, no matter how you "position" yourself, and I'm sure she's not the only woman who has "soiled her bed" while bringing a child into the world. GET A LIFE!

5. f Says:
   Apr 18th, 2009 at 8:03am

   FUCK HER THATS HER PROBLEM WHAT MAKES HER SO SPECIAL .WHAT WAS HER CRIME ACLU TELL THE WORLD THE WHOLE STORY NOT PARTS FUCK YOU ACLU (NEW NAME FOR YOU ACFUOP-S ;AMERICAN CIVIL FUCK YOU ONLY PART OF THE STORY)

6. CRK Says:
   Apr 18th, 2009 at 8:53am

   I love these two comments! I agree with both of you. If you commit a crime and are sentenced to prison, you should be treated like a prisoner! She new she was pregnant when she commited the crime!

7. Paen Says:
   Apr 18th, 2009 at 2:47pm

   Anyone who supports torturing pregnant women for any reason whatso ever is no better than a common criminal

8. fusion Says:
   Apr 18th, 2009 at 10:46pm

   These are two of the most revolting comments of recent times

9. Sig Says:
   Apr 20th, 2009 at 3:23am

   Definetly Mr. Andy is one of those who thinks he's a saint and perfect. Typical american. And obviously he hasn't see a partner giving birth. And if he does, he's a totally indifferent coldhearted airhead guy. Any one can commits mistakes, and that woman did. So what's the problem with it? It's says it was a non-violent crime. Non-violent offenders should not be treated like violent ones. Anyway what that officer did if a woman's rights violations. And that officer must pay.

10. Mike Evans Says:
    Apr 20th, 2009 at 8:20pm

    I cannot believe the way some people think these days.
    Yes, a crime is a crime. It is not a "mistake", she intentionally frauded people, and if you consider this to be a minor crime, you obviously are more forgiving than most for letting someone steal your identity.
    Do we know the behavior of this woman? Her crime may be non-violent, but she very well may be. It is unfortunate that someone like this is giving birth, let's hope they take the child away from this criminal.

11. Anonymous Says:
    Apr 23rd, 2009 at 6:58am

    "If this painful, unfair and out of control experience has not forever mentally scarred this woman, it has certainly given her enough reason to hate and resent authority. I’m sure that will only encourage her to not abide the law when she is released".

    So I am thinking you would also claim that having her baby removed from her while she is in jail wouls also make her hate the BIG MEAN AUTHORITY? This should also cover all Mothers in jail? Or should they just pick and choose wich of the unabiding Mothers should not be shackeled? Who should choose them that are not. Then what keep an armed guard in there all the while? What I am thinking is lets just let all the mothers to be off so this will not be a problem. I bet you think that it harmed you to be locked in your room or made to sit in the corner when you did wrong as a child? God forbid that you were spanked!

12. Anonymous Says:
    Apr 28th, 2009 at 3:27pm

    As someone who worked in prison for six years, all prisoners are shackled at all times outside of prison. One can safely assume that she was giving birth outside of prison in a "free-world" hospital. It is policy for inmates to be shackled outside the prison walls. This is in order to protect society from the possible escape of the inmate. After all, society sent her to prison so the prison's best interest is to make sure she stays there. Violent or not, laws are laws. She couldn't obey the simple laws in society so therefore, she is in prison shackled to a bed. Quit bitching about it.

13. Ralph Says:
    Apr 30th, 2009 at 7:08pm

    Wouldnt the ACLU find it better to spend time on important stuff. Like what kind of dresses men can wear in public. If its alright to expose yourself in front of 3 year old boys if they ask. If someone needs to be restrained for the protection of guards so be it. Most people in prison are violent thats why they are there. The only good thing that could come from this is for the law to be pasted. That way if a guard gets injured they can sue your pants off

14. Steve Says:
    May 1st, 2009 at 1:15pm

    Hey f, please watch your mouth. The far-left ACLU may get off on language like that, but decent folks do not

15. Bilski Says:
    May 5th, 2009 at 11:55pm

    No one in childbirth should be shacked, whether in active labor or for 12 hours afterward. Anyone who thinks otherwise is purblind, socially feral, or otherwise unsuited to living in cities with others. I don't care what she did--the shackling is ridiculously idiotic and reckless.

16. Penelope Says:
    May 16th, 2009 at 12:51pm

    I thought prison was a place to punishment someone for a CRIME. Jeez, our prisons are a joke. Deterent for crime? Hah, the prisoners run the prisons and we are now at THEIR mercy lest we be sued if they break a fingernail!
    Crybaby libs have ruined our country.

17. me Says:
    May 19th, 2009 at 1:51pm

    Some lawyer saw dollar signs and went to her to persue a lawsuit against the state of Arkansas. She was serving time for identity fraud and writing bad checks. I'm sure the person whose identity she stole was wishing bad things on her. Their wish came true!

    She claims the shakles caused sciatic nerve damage and chronic back pain. Sorry honey, I got both of those from giving birth and I wasn't shakled. It's the size of the baby that caused both of those.

    I think instead of the state paying for the doctor bills, they should just let the women out into the exercise lot and let em squat and have that baby. Maybe then they'd think twice about stealing from someone! I have no sympathy for criminals.

18. Jeremy Says:
    May 19th, 2009 at 11:16pm

    Penelope is correct!!!!! Prisoners have it better then most people anymore. NO ONE is scared of prison anymore. Prisoners should be treated like prisoners. If it was more like prison maybe one thinking of a commiting a crime would think twice about it???? I am personally tired of our stupid arrogant justice system.

19. Reality is Nice Says:
    Oct 13th, 2009 at 2:14pm

    You "righties" are moaning because you're jealous that "the least among us" is treated w/ dignity and respect (or expected to be) while you sit there hating your lives, hating your jobs, with your 2.3 kids, loveless sex lives, and valium addicted spouses.

    You are some hate-filled folks.

    Most people may not care either way about this woman but they also wouldn't take the time to leave comments here. Others may care a great deal about her situation and others like her.

    But you people who write a comment to express your vitriol and disdain...? Seems to me if you were not filled with anger in your own lives you'd either keep moving on to another article or website that is "more pleasing."

    I have no opinion on this article either way. Sure I have mild thoughts about it but not as powerful as this one: "I am amazed at the hate in these comments."

    This woman is clearly a symbol of something that threatens you and so you take your anger out on the thought of her. And all she did was commit some financial fraud while pregnant, get caught, went to jail for it and had her baby? Certainly were I emotionally imbalanced I would be enraged over this as well.

    (But I bet government sanctioned 1st degree murder is worthy of a medal, eh?)

    Reality. It's nice here.

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