VILLEGAS v. METROPOLITAN GOVERNMENT OF NASHVILLE

No. 11-6031.

709 F.3d 563 (2013)

Juana VILLEGAS, Plaintiff-Appellee, v. The METROPOLITAN GOVERNMENT OF NASHVILLE and Davidson County, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 4, 2013.


Attorney(s) appearing for the Case

ARGUED: Allison L. Bussell , Department of Law of the Metropolitan Government of Nashville and Davidson County, Nashville, Tennessee, for Appellant. Phillip F. Cramer , Sherrard & Roe, PLC, Nashville, Tennessee, for Appellee. ON BRIEF: Allison L. Bussell , Kevin C. Klein , Department of Law of The Metropolitan Government of Nashville and Davidson County, Nashville, Tennessee, for Appellant. Phillip F. Cramer , John L. Farringer IV , William L. Harbison , Ryan T. Holt , Sherrard & Roe, PLC, Nashville, Tennessee, Elliott Ozment , Nashville, Tennessee, for Appellee. Paul W. Ambrosius , Trauger & Tuke, Nashville, Tennessee, George E. Barrett , Barrett Johnston, LLC, Nashville, Tennessee, Farah C. Diaz-Tello , National Advocates for Pregnant Women, New York, New York, Alexa Kolbi-Molinas , ACLU Foundation, New York, New York, Eric Schnapper , Maureen Howard , University of Washington School of Law, Seattle, Washington, Rebecca S. Jones , Seattle, Washington, for Amici Curiae.

CLAY, J., delivered the opinion of the court, in which GIBBONS, J., joined. WHITE, J. (pp. 581-84), delivered a separate dissenting opinion.


OPINION

CLAY, Circuit Judge.

Plaintiff Juana Villegas brought suit under 42 U.S.C. § 1983, claiming violations of her Eighth Amendment rights (made applicable to pre-trial 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...

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