Nelson v. Correctional Med. Servs., No. 07-2481
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.
Submitted: September 24, 2008
Filed: October 2, 2009
Opinion by Judge Murphy