‘‘You can’t always predict when and how and in what ways a person’s personal experience will illuminate a case,’’ Fitzpatrick said. She pointed to the case of an Arkansas prisoner named Shawanna Nelson convicted of check and credit card fraud who filed a lawsuit over being shackled to a hospital bed while in labor.
Nelson’s attorney, Cathleen Compton, grew frustrated as she argued before the panel why her client, a nonviolent offender, didn’t pose a flight risk that required shackling. ‘‘I'm a little disadvantaged here, or maybe it’s you that are disadvantaged, because I've given birth and you haven't. I can tell you that a woman about to deliver a nearly 10-pound baby is not going anywhere,’’ she said.
The appeals court sided with Nelson, in an opinion written by the sole woman among the 11 judges that heard the case, Clinton-appointed Judge Diana Murphy.
Two weeks ago, Obama nominated another woman, Iowa public defender Jane Kelly, to the 8th Circuit.
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