Appeals Court: Guard Can Be Sued Over Shackled Inmate In Labor

LITTLE ROCK, Ark. (AP) -- A federal appeals court has ruled that a jail guard can be sued by a prisoner who was shackled while in labor, but also found that the Correction Department director is immune from the suit.

The Friday ruling allows Shawanna Nelson to proceed with her 2004 lawsuit, in which she claimed that being chained during her contractions caused extreme mental anguish, pain and suffering from being shackled as she was in labor.

Earlier, a three-judge panel of the 8th U.S. Circuit Court of Appeals ruled that Arkansas Correction Department Director Larry Norris and guard Patricia Turensky should be immune from Nelson's suit.

The full 8th Circuit granted a rehearing and ruled Friday that Nelson can sue Turensky but not Norris.

The Associated Press