Constitutional rights of pregnant inmates

The constitutional rights of pregnant inmates in US prisons have been undergoing codification and expansion in the 2000s. Data from 2010 show that female incarceration rates are growing more rapidly than male incarceration rates in the United States. One out of every four women in prison is pregnant. Less than half of prisons in the United States have official policies about medical care for pregnant inmates. About 48% of prisons have prenatal services. Of these 48%, only 15% of prisons have programs implemented to help mothers find suitable work after they give birth. Additionally, only 15% of prisons have policies that require light work or no work for pregnant women. Throughout the United States, pregnant inmates are treated poorly by prison staff because there is a permeating prejudice that pregnant inmates are not "worthy enough to have children". This decision was rendered after twenty-nine-year-old Nelson was taken to a local hospital in 2003 and had her legs shackled to opposite sides of the bed. She was shackled to the bed for several hours while in labor before she was taken to the hospital room. Nelson claimed the shackles caused her intense pain, discomfort, and severe cramps. She also was unable to change positions while in labor, which caused further discomfort. Although she remained the shackles were removed while she was delivering her child, they were immediately put back on post-delivery. Nelson also claimed that after delivering her child, she soiled the bed sheet because she could not get to the bathroom on time due to the shackles. The Eighth circuit contended that shackling women to the bed during labor and delivery violated the Eighth Amendment since shackling during labor and delivery is cruel punishment. This judicial decision also deemed that the officer in charge of presiding over Nelson during her labor and delivery deliberately acted indifferently. As a result, the court ruled that showing indifference during a woman's labor and delivery or inflicting unnecessary pain or discomfort also violates the Eighth Amendment.
Finally, Boswell took matters into her own hands and contacted Riekcken. Boswell wanted to see a doctor immediately due to her abnormal bleeding and severe abdominal cramping. Riecken, despite knowing the extent of Boswell's medical condition, failed to seek medical help because she claimed Boswell could not seek medical attention until she posted bail. This entire time, Boswell was locked in her cell and continuously banged on the wall for help. Riecken, who had taken over at this time, still refused Boswell's requests for medical attention. Hours passed and still no one was contacted to help Boswell. Riecken contacted the chief jailer who instructed Riecken to reach out to the two other counties where Boswell had outstanding warrants. In other words, the prison personnel left Boswell in her cell cramping and bleeding, just waiting for someone to take Boswell off their hands. Finally, a local police officer and trained emergency room technician examined Boswell and told Riecken to immediately call an ambulance. Boswell proceeded to give birth in an ambulance en route to the hospital. Joseph Boswell was born in the hospital but died thirty-four minutes later.<ref name=":2" />
Boswell brought an action pursuant to 42 U.S.C. alleging that the prison staff neglected her medical needs. She claimed her constitutional rights under the Eighth and Fourteenth Amendment were violated. The court found that both Riecken and Lero knew Boswell was bleeding and had severe cramps, yet failed to take action to reach out to medical professionals. Boswell's "clearly established right to medical care" was evidently violated. The court found Lero and Riecken responsible for this negligence. Under the Eight Amendment, prisons are required to provide adequate medical care.<ref name=":2" />
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