Woman shackled during labor awarded $200K - WSMV Channel 4

Woman shackled during labor awarded $200K

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Juana Villegas Juana Villegas
NASHVILLE, TN (WSMV-AP) -

A federal jury on Thursday awarded $200,000 in damages to a Nashville woman who was shackled by Davidson County Sheriff's deputies during labor.
  
The jury deliberated for about an hour before deciding the amount to give to Juana Villegas, who arrested in July 2008 on a minor traffic violation for which charges were later dropped.
  
Villegas testified that her wrists and ankles were bound while she was in labor during an ambulance ride from the jail to the hospital. She said she did not know that a deputy with the ability to unlock the shackles was riding in the front of the vehicle.
  
"I was afraid for my son, because if he were to be born in the ambulance, I didn't know if I was going to be able to open my legs so he could come," she testified.
  
U.S. District Judge William Haynes in April granted summary judgment for Villegas without a trial, ruling that the sheriff's office violated Villegas' constitutional rights by showing indifference to her medical needs.
  
Villegas, 35, was unshackled shortly before delivery and her baby boy was born without complications, but she was shackled again shortly afterward. One leg was attached to the bed when she was lying down. Her legs were shackled together when she got up to use the bathroom. And deputies refused to allow her to use a breast pump after giving birth, causing her pain and illness.
  
This week's jury trial was solely to decide what damages Villegas was due.
  
Sheriff Daron Hall said in an interview after the verdict that the government would appeal.
  
"Quite frankly we don't believe she was treated inappropriately or unconstitutionally," he said. "Whether it was a dollar or a million dollars we were appealing the process anyway. We are anxious to have our case heard at the 6th circuit."
  
Although the sheriff's office changed its policies regarding the shackling of pregnant women after the publicity surrounding Villegas' ordeal, Hall said the department's rules were accepted
practice at the time.
  
A psychiatrist testified in court that Villegas suffers from post-traumatic stress disorder, major depressive disorder and phobia as a result of the shackling and will need years of therapy.
  
Villegas' attorneys asked the jury to award her more than $1.2 million for therapy and to compensate her for pain and suffering.
  
Villegas was teary-eyed after the decision. She declined to be interviewed, but attorney Phil Cramer said she was crying tears of joy.
  
"Justice has been done," he said. "She brought this case not only for herself but for the people of Nashville and for all women so they don't have to experience what she's experienced,"
  
Attorneys for Metro Nashville government argued in court that Villegas could be faking her psychological problems. They also claimed that any anxiety and fear that she does have stems from her arrest and the fear of being separated from her family -- issues the city is not responsible for and for which she could not be awarded damages.
  
Villegas is from Guerrero, Mexico, and last year lost an appeal to stay in the United States, although her immigration attorney, Elliott Ozment, has said she still has options.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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