Wednesday, June 6th, 2018

CA6 on Shackling Pregnant Immigrant Women: Villegas v. Metro. Gov’t of Nashville

"Plaintiff Juana Villegas brought suit under 42 U.S.C. § 1983, claiming violations of her Eighth Amendment rights (made applicable to pretrial detainees through the Fourteenth Amendment) as a result of her being restrained and shackled prior to and following giving birth while in the custody of law enforcement authorities employed by Defendant Metropolitan Government of Nashville and Davidson County.  On cross-motions for summary judgment, the district court granted summary judgment to Plaintiff as to liability on both her shackling and denial-of-***-pump claims.  The case went to trial only on damages, and the jury awarded Plaintiff $200,000.  For the reasons that follow, we REVERSE the district court’s grant of summary judgment to Plaintiff and REMAND for further proceedings. … (A 2-1 panel decision with a good dissent by HELENE N. WHITE, Circuit Judge; let's hope it goes en banc.)" –