Health and Reproductive Justice
Shackling
Legal Voice Fights to Stop the Shackling of Women in Labor
Pregnant women are entitled to be treated respectfully and humanely, but sadly, this does not always occur. Amnesty International has published a report decrying the American prison practice of shackling pregnant incarcerated women during labor and delivery. The American College of Obstetricians and Gynecologists and the American Medical Association, among others, have strong statements against the practice, noting that it is medically dangerous to both women and their babies (not to mention demeaning and dehumanizing).
On March 23, 2010 Washington became the seventh state to restrict the practice of shackling incarcerated women. The bill, passed overwhelmingly by both houses of the Washington Legislature, was signed into law by Governor Gregoire. The new law prohibits the use of restraints during labor and delivery and restricts the use of shackles during the third trimester and during postpartum recovery. It also bans the use of waist chains and leg irons at any point in pregnancy.
Washington joins six other states – California, Illinois, Vermont, New York, New Mexico, and Texas— that have banned or limited the shackling of pregnant and laboring women.
In 2009 Legal Voice filed a lawsuit in federal district court in Tacoma, Washington, on behalf of Casandra Brawley, a woman who was shackled during childbirth while incarcerated in Washington State. Discovery, including depositions of Ms. Brawley and various Department of Corrections employees, has been conducted. The same day Governor Gregoire signed the anti-shackling bill, Legal Voice filed a motion for summary judgment, asking the trial court to rule that Ms. Brawley’s federal and state constitutional rights to be free from cruel punishment were violated. If the court grants this motion, Ms. Brawley will have won her case.
We are investigating similar cases, and are working to change state laws to end shackling of laboring women. It is our goal to eliminate this inhumane, demeaning practice in the Northwest.
Learn More
PRESS
- Gregoire signs bill barring shackling of pregnant inmates Seattle Times 3/23/2010
- Ban shackling of pregnant inmates Seattle Times Editorial 3/25/2010
- WA bill seeks to limit shackling pregnant inmates Seattle Times 1/26/10
- Amnesty International's Report on the practice of shackling pregnant incarcerated women during labor and delivery.
COURT DOCUMENTS
- Legal Voice's Complaint in Brawley v. Department of Corrections.
- Legal Voice's Motion for Summary Judgment in Brawley v. Department of Corrections
Women's rights. Nothing less.
© 2009 Legal Voice. All rights reserved. Privacy Policy
