Tracey Edwards v. Benita Witherspoon
CourtCourt of Appeals for the Fourth Circuit
Date FiledSeptember 10, 2026
Docket24-7049
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 1 of 43
PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-7049
TRACEY EDWARDS,
Plaintiff - Appellant,
v.
BENITA J. WITHERSPOON; ANTHONY PERRY; JAMES ALEXANDER;
GARY JUNKER; ELTON AMOS; LESLIE COOLEY DISMUKES; KAVONA
GILL; TAMARA BROWN; NIKITIA DIXON; TAMMY WILLIAMS; SHEIDA
BRODIE; TIANNA LYNCH; LORAFAITH RAGANO,
Defendants - Appellees.
--------------------------------------
DISABILITY RIGHTS NORTH CAROLINA; LEGAL ACTION CENTER;
NATIONAL WOMEN’S LAW CENTER; PREGNANCY JUSTICE; ADDICTION
MEDICINE SPECIALISTS,
Amici Supporting Appellant,
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:21-ct-03270-D)
Argued: October 22, 2025 Decided: September 10, 2026
Before DIAZ, Chief Judge, and GREGORY and BENJAMIN, Circuit Judges.
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 2 of 43
Affirmed in part, vacated in part, and remanded by published opinion. Judge Benjamin
wrote the opinion, in which Chief Judge Diaz and Judge Gregory joined.
ARGUED: Joseph Longley, AMERICAN CIVIL LIBERTIES UNION FOUNDATION,
Washington, D.C.; Shana Hope Khader, TYCKO & ZAVAREEI LLP, Washington, D.C.,
for Appellant. Laura Howard McHenry, NORTH CAROLINA DEPARTMENT OF
JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: D Dangaran, RIGHTS
BEHIND BARS, Washington, D.C.; Sarah Grady, David Howard Sinkman, Amelia
Caramadre, KAPLAN & GRADY LLC, Chicago, Illinois; Jaclyn S. Tayabji, Hassan A.
Zavareei, TYCKO & ZAVAREEI LLP, Washington, D.C.; Daniel K. Siegel, Amika
Medha Singh, ACLU OF NORTH CAROLINA LEGAL FOUNDATION, Raleigh, North
Carolina, for Appellant. Jeff Jackson, Attorney General, NORTH CAROLINA
DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. Jim Davy, ALL
RISE TRIAL & APPELLATE, Philadelphia, Pennsylvania, for Amici Addiction Medicine
Specialists. Dorianne Mason, Alison Tanner, Ma’ayan Anafi, Emily Gabos, NATIONAL
WOMEN’S LAW CENTER, Washington, D.C.; Russell H. Falconer, Kathryn M. Cherry,
Dallas, Texas, Raena Ferrer Calubaquib, Sanjay Nevrekar, Dillon M. Westfall, New York,
New York, Robert B. Watson, GIBSON, DUNN & CRUTCHER LLP, Washington, D.C.,
for Amici Disability Rights North Carolina, Legal Action Center, National Women’s Law
Center, and Pregnancy Justice.
2
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 3 of 43
DEANDREA GIST BENJAMIN, Circuit Judge:
Tracey Edwards was incarcerated at the North Carolina Correctional Institution for
Women (“NCCIW”) in Raleigh, North Carolina, when she found out she was pregnant
with her second child. Edwards had a history of opioid use disorder (“OUD”) and was thus
eligible to receive medication for opioid withdrawal (“MOUD”) at NCCIW pursuant to an
internal policy that provided MOUD only to pregnant offenders. Edwards was induced
and gave birth while in state custody. She was shackled on her way to the hospital, at
various times during active labor and delivery, and while returning to NCCIW. Upon her
return, Edwards was placed in the NCCIW’s inpatient medical facility and requested to
continue her MOUD treatment but was denied because she was no longer pregnant.
Edwards sued state and prison officials, alleging Eighth Amendment violations for
the restraints used during her labor and delivery and for the denial of MOUD after she gave
birth. She also alleged disability discrimination under the Americans with Disabilities Act
and § 504 of the Rehabilitation Act for the prison’s denial of MOUD after pregnancy. The
district court granted summary judgment in favor of the defendants on all claims.
For the reasons below, we affirm in part, vacate in part, and remand for further
proceedings.
I. Background
A. Tracey Edward’s Incarceration
Tracey Edwards was convicted of a nonviolent drug offense in North Carolina and
began serving a 70-month sentence at NCCIW in May 2019. [J.A. 116.] She was
3
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 4 of 43
incarcerated at NCCIW from 2019 to 2021. [J.A. 116.] NCCIW is the only state prison
under the North Carolina Department of Adult Corrections (“DAC”)1 that incarcerates
pregnant offenders. [J.A. 118.] During intake, she learned that she was pregnant with her
second child. [J.A. 117.]
Prior to her incarceration, Edwards struggled with opioid addiction and was
diagnosed with OUD. [J.A. 116.] NCCIW provides treatment for OUD to pregnant
offenders to protect the child. [J.A. 365–66, 570–72.] Because Edwards was pregnant, she
received a daily dose of Suboxone, a Food and Drug Administration (FDA) approved
medication for OUD treatment, to prevent withdrawal. [J.A. 705.] She initially received
this treatment daily at an outside clinic and was shackled while transported to and from the
clinic. [J.A. 705.] Later, NCCIW initiated its own in-house medication assisted treatment
(“MAT”)2 program where Edwards received Suboxone treatment until she was induced.
[J.A. 140, 570–72.]
B. Policy Hierarchy for the DAC
NCCIW employees, including the warden, officers, and medical staff, must adhere
to three sets of guidelines—DAC Policies, NCCIW standard operating procedures
1
At the time of Edwards’ incarceration, NCCIW was under the North Carolina
Department of Public Safety. Beginning in 2023, the North Carolina Department of Adult
Corrections began operations as a separate state agency and is currently responsible for all
state prisons, including NCCIW. [J.A. 118.] We use DAC for consistency.
2
NCCIW refers to its in-house program as MAT. MAT and MOUD are often used
interchangeably, and both include the use of FDA-approved medications for OUD
treatment, including Suboxone. [J.A. 139.] Hereinafter, we will refer to the treatment as
MOUD unless we are referring to NCCIW’s specific in-house program.
4
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 5 of 43
(“SOPs”), and NCCIW post orders. [J.A. 118–19.] The three guidelines operate within a
hierarchy. DAC policies, which take precedence over other directives, are mandatory
guidance issued by the state that must be followed by all state prison facilities. [J.A. 118,
3075.] NCCIW SOPs are policy documents issued by NCCIW that instruct NCCIW staff
on the use of techniques relevant to their jobs. [J.A. 119]. Post orders are procedures
related to the specific facility where an officer is stationed. [Id.] When DAC updates a
policy, the prison warden must update any corresponding SOPs and post orders. [J.A.
3075]
DAC issued Policy F.1100 Transporting Offenders on September 6, 2018. F.1100
“outline[s] procedures governing the transportation of offenders outside of the
institution/facility.” J.A. 504.3 Section (i) addresses transportation for pregnant offenders:
(1) An offender with a clinical diagnosis of pregnancy shall not be restrained
by leg, waist, or ankle restraints. Wrist restraints may be used during any
internal escort or external transport. These wrist restraints shall only be
applied in the front and in such a way that the pregnant offender may be able
to protect herself and the fetus in the event of a fall.
(2) The following offenders should not be placed in any restraints,
including wrist restraints, unless there are reasonable grounds to believe the
offender presents an immediate, serious threat of hurting herself, staff, or
others, including her fetus or child, or that she presents an immediate,
credible risk of escape that cannot be reasonably contained through other
methods:
(A). An offender who is in labor, which is defined as occurring at the
onset of contractions;
(B). An offender who is delivering her baby; . . .
(D). An offender who is transported or housed in an outside medical
facility for treating labor and delivery;
Citations to “J.A.” refer to the joint appendix filed by the parties. The J.A. contains
3
the record on appeal from the district court. Page numbers refer to the “J.A. #” pagination.
5
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 6 of 43
(E). An offender for induction once the intravenous line has been placed
and the induction medication has been started
If restraints are required, they should allow for the mother’s safe handling of
her infant. . . .
(4) Upon medical discharge, wrist restraints shall be applied for
transport back to the correctional facility. Leg restraints may be applied
when there are reasonable grounds to believe the offender presents an
immediate, serious threat of hurting herself, staff, or others, or that she
presents an immediate, credible risk of escape that cannot be reasonably
contained through other methods.
(5) Waist restraints shall not be used at any time during pregnancy or post-
delivery, to include transport back to the facility.
J.A. 510–11 (cleaned up) (emphasis added).
On February 1, 2019, NCCIW issued SOPs D.1800 Offender Restraint and H.0300
Use of Force and Restraints, which were approved by NCCIW Warden Benita
Witherspoon. [J.A. 2220.] Both SOPs require an offender in the hospital to be restrained
to their bed by one arm and one leg. [J.A. 518; J.A. 523.] Under D.1800, there is an
exception to the general policy that an offender should not be restrained outside the facility
if a “[p]regnant offender is in active labor.” J.A. 513. And H.0300 states that a “maternity
offender WILL NOT have leg restraints applied” and “shall not be restrained during active
labor.” J.A. 524. Active labor is not defined in the SOPs, but F.1100 defines “in labor” as
“the onset of contractions.” J.A. 510.
Edwards and defendants disagree about whether the SOPs conflict with F.1100 as
policies related to the shackling of pregnant offenders. [see J.A. 131.] However, in March
2021, a DAC official wrote in an email stating that the SOPs “[did] not match with red
6
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 7 of 43
book4 policy in regard to pregnant offenders” and that NCCIW was notified of the issue
previously. J.A. 548. Defendants further represent that “correctional staff knew to
implement any exceptions for pregnant offenders outlined in F.1100.” J.A. 3060.
C. Warden Witherspoon’s Actions
Witherspoon was the warden at NCCIW when Edwards was incarcerated and was
responsible for ensuring all SOPs and post orders complied with DAC policies. [J.A. 722,
2220, 2258.] By April 2019, DAC’s region director and Witherspoon had at least three
phone calls to discuss community organizers’ concerns with NCCIW’s policies, including
the shackling of pregnant offenders during hospital transport and stays. [J.A. 135, 321–22,
722,]. In these calls, it was noted that such shackling violated DAC policy. [J.A. 136,
3076]. And the region director and Witherspoon discussed updating the post orders to
better comply with DAC policies regarding the use of restraints on pregnant offenders.
[J.A. 722]. But no changes were made until January 2020. [Id.].
After another pregnant NCCIW offender was shackled during labor against medical
advice, DAC issued the following directive on November 22, 2019:
Any offender in their third trimester should not be restrained. This
applies even if they are not in pre or active labor. If there is a potential
serious security concern with the offender not being restrained it should be
discussed with the Region Director prior to restraints being added . . . Please
ensure that you notify your staff of this temporary directive.
4
We understand “red book” to be a general term for DAC and/or facility policies
that are written down, often in a red book. See J.A. 2478, 2486 (discussion of “red book”
in reference to DAC policies). The reference here is to DAC policies, but the general term
was also used by NCCIW officers to refer to the physical red book where NCCIW SOPs
and post orders were written. See J.A. 1483 (Officer Tamara Brown noting that the
NCCIW red book includes its SOPs and post orders).
7
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 8 of 43
J.A. 554–55; 538–39 (emphasis added).
At the time the directive was issued, Witherspoon was out of the office. [J.A. 538.]
But she requested that a direct report ensure that the directive and general prison policy
were discussed with prison staff. [Id.] That training did not take place, and Witherspoon
took no action to ensure any training was held. [J.A. 3076–77.] Witherspoon did not
update the post order for the University of North Carolina at Chapel Hill Hospital (“UNC-
CH”), where Edwards’ labor and delivery took place, until after the region director
provided an updated DAC policy in January 2020. [J.A. 722.]
A timeline of the relevant institutional policies is below:
Issuing Body Date Issued Title Key Policies
DAC September 6, F.1100 • “An offender with a clinical diagnosis
2018 Transporting of pregnancy shall not be restrained
Offenders. by leg, waist, or ankle restraints.”
(J.A. 510–11) • “An offender who is in labor …
should not be placed in any
restraints.”
• “Waist restraints shall not be used at
any time during pregnancy or post-
delivery, to include transport back to
the facility.”
NCCIW February 1, SOPs D.1800 • An offender should not be restrained
2019 Offender Restraint outside the facility where a
(J.A. 513) “[p]regnant offender is in active
labor.”
H.0300 Use of • “Maternity offender WILL NOT have
Force and leg restraints applied” and “shall not
Restraints be restrained during active labor.”
(J.A. 524)
NCCIW April 20, Post Order • “Although restraints are provided for
2019 Security the maternity offender while
Supervisor for transporting to and from the hospital
UNC-CH during pregnancy and immediately
8
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 9 of 43
(later updated (J.A. 3345) post-partum the Offender will only be
in January handcuffed from the front. The
2020) maternity Offender WILL NOT have
leg restraints or waist chain applied. “
• “The Offender will not be
handcuff[sic] while holding the baby,
but will have one leg restrain[sic] per
policy.”
DAC November 22, Directive • “Any offender in their third trimester
2019 (J.A. 554–55) should not be restrained.”
D. Edwards’ Labor and Delivery
On December 19, 2019, NCCIW officers transported Edwards to be induced at
UNC-CH. [J.A. 3114–15]. Officers Shieda Brodie, Tamara Brown, Nikita Dixon, Kavona
Gill, Tianna Lynch, and Tammy Williams, and Sergeant Lorafaith Ragano (collectively,
the “Officer Defendants”) were responsible for Edwards while she was in the hospital. On
the way to the hospital, Edwards was handcuffed, and, upon arrival, one of her arms and
one of her legs were shackled to the hospital bed. [J.A. 121–22.] Brodie monitored
Edwards on December 19 from Edwards’ arrival until approximately 7:00 p.m. that
evening. [J.A. 623.] Lynch monitored Edwards overnight from approximately 7:00 p.m.
on December 19 to 6:00 a.m. on December 20. [J.A. 510, 623.] According to the Officer
Defendants’ activity logs, Edwards was induced through her intravenous (IV) line at 8:25
p.m. and given an epidural (pain medication provided to pregnant patients) at 11:15 p.m.
[J.A. 623.] According to Edwards, she was shackled by one arm and one leg even after
she was induced and until she began pushing. [J.A. 167, 624–25, 2110–11.]
9
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 10 of 43
Edwards gave birth to her child at 11:04 a.m. on December 20, 2019. J.A. 117.
Ragano monitored Edwards during this time. About two hours after giving birth, Edwards
was transferred to the maternity ward where Ragano handcuffed Edwards to the wheelchair
during the transfer and then shackled one of her arms and the opposite leg to a different
bed. J.A. 625, 729–30. Dixon relieved Ragano at 7:00 p.m. on December 20 and Ragano
took over once again at 7:00 a.m. on December 21. [J.A. 168.]
While Edwards was in the hospital, she continued to receive Suboxone daily and
was prescribed Suboxone upon discharge. [J.A. 3077.]
Edwards remained in the hospital for two days where she was monitored by Ragano,
Brown, Gill, and Williams. [J.A. 610–11, 613, 616–18.] She was discharged on December
22 while Williams was on duty. [J.A. 616–18.] According to Edwards, as she was
transported back to NCCIW, Williams and one other officer5 restrained her by shackling
her ankles together, handcuffing her, and placing a belly chain around her stomach to
restrict her movements. [J.A. 123.] Prison officials did not identify Edwards to be a
security or flight risk before or during the time that she was at UNC-CH. [J.A. 3076.]
The parties dispute how long Edwards was shackled during her hospital stay, but
the district court identified times that both parties agree she was unrestrained: when
Edwards’ medical team instructed her to push, when she gave birth, for some period of
time after birth, when she went to the restroom, and on at least two other occasions during
5
During Williams’ deposition, she testified that she had another person with her
during this transport but did not remember which officer. J.A. 1992.
10
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 11 of 43
her stay when she was unshackled to walk with her baby in the hospital hallway. [J.A.
3073–74.]
E. Edwards’ Post-Pregnancy Medical Treatment
When Edwards returned to NCCIW, she was placed in the inpatient medical unit.
Edwards requested MOUD, but NCCIW denied her request pursuant to its policy
restricting MOUD to pregnant offenders. [J.A. 141, 636.] Edwards was instead given an
oxycodone taper over nine days: 10 milligrams three times a day for three days, then twice
a day for three days, and then once a day for three days. [J.A. 169.] She was also given
Tylenol and ibuprofen for pain management. [Id.]
Edwards experienced withdrawal symptoms including pain, diarrhea, and vomiting
for several weeks after she gave birth. [J.A. 3128.] Edwards described the pain as “more
painful than giving birth” and alleged that she sometimes could not eat or shower due to
the intensity of her symptoms. J.A. 169. Edwards remained in the medical unit until mid-
January 2020. [J.A. 141.]
Dr. Elton Amos was the medical director at NCCIW during Edwards’ incarceration.
[J.A. 46.] Amos supervised nine medical providers responsible for direct patient care and
provided clinical oversight, including the drafting of NCCIW’s MAT provider handbook.
[J.A. 353, 635–36.] The MAT handbook includes the policies and procedures for
NCCIW’s MAT program and notes that Amos was responsible for preliminary approvals
of MOUD medications for pregnant offenders. [J.A. 636.] Dr. James Alexander was the
healthcare facility health treatment administrator at the time and was responsible for
reviewing NCCIW policies, such as the MOUD policy, to ensure compliance with
11
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 12 of 43
statewide policies. [J.A. 568, 737.] Dr. Gary Junker was the behavioral health director for
DAC from 2015 until 2020. Junker was responsible for mental health policies across state
prisons and provided oversight for medical directors, including Amos. [J.A. 732, 1032,
2219, 2340.]
F. Procedural History
In April 2022, Edwards sued DAC officials under 42 U.S.C. § 1983, alleging Eighth
Amendment violations for shackling her during labor and postpartum and denying her
MOUD after birth, as well as disability discrimination because of her OUD under the
Americans with Disabilities Act (“ADA”) and § 504 of the Rehabilitation Act (“RA”).6
Edwards moved for partial summary judgment and all of the defendants moved for
summary judgment in full. The district court denied Edwards’ motion for summary
judgment and granted Defendants’ motion for summary judgment, thereby dismissing all
of Edwards’ claims.
Edwards now appeals. She challenges the district court’s decision on three grounds:
(1) the district court’s grant of qualified immunity to Witherspoon and the Officer
6
Edwards named the following defendants: James Alexander, the NCCIW
healthcare facility health treatment administrator, in his personal and official capacities;
Elton Amos, the NCCIW medical director, in his personal and official capacities; Todd
Ishee, the secretary of the DAC, in his official capacity; Anthony Perry, the current NCCIW
warden, in his official capacity for the purpose of injunctive relief; Gary Junker, the then-
behavioral health director, in his personal and official capacities; and Benita Witherspoon,
the former NCCIW warden, in her personal capacity. Edwards also named the seven
Officer Defendants in their personal capacities. Pursuant to Federal Rules of Civil
Procedure 25(d), defendants Ishee and Perry were substituted for their predecessors, former
secretary Eddie Buffaloe and former warden Claudette Edwards (as of September 2025,
Michelle Carlton is warden at NCCIW).
12
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 13 of 43
Defendants for Eighth Amendment violations, specifically her shackling during pregnancy,
labor, and postpartum recovery; (2) the district court’s finding that there was no
constitutional injury committed by DAC medical officials Alexander, Amos, and Junker
for denial of postpartum MOUD; and (3) the district court’s conclusion that Edwards was
not discriminated against under the ADA or RA after being denied postpartum MOUD.
[J.A. 3097]. We address each in turn.
We have jurisdiction under 28 U.S.C. § 1291.
II. Standard of Review
We review the district court’s summary judgment and qualified immunity decisions
de novo. Aleman v. City of Charlotte, 80 F.4th 264, 283 (4th Cir. 2023). Summary
judgment is proper “ ‘if the movant shows that there is no genuine dispute as to any material
fact and the movant is entitled to judgment as a matter of law.’ ” Id. (quoting FED. R. CIV.
P. 56(a)). All facts and reasonable inferences drawn therefrom must be viewed in the light
most favorable to the nonmoving party.” Id. at 283–84.
III. Eighth Amendment Shackling Claim
A. Background on Shackling
The shackling of pregnant offenders is controversial and dangerous. The United
Nations explicitly prohibits the use of restraints “on women during [labor], during
childbirth and immediately after childbirth” in its rules for the treatment of prisoners. The
United Nations Standard Minimum Rules for the Treatment of Prisoners, United Nations,
13
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 14 of 43
at 15 (Dec. 2015). This is for good reason. The American College of Obstetricians and
Gynecologists explains that “[p]hysical restraints interfere with the ability of clinicians to
safely practice medicine by reducing their ability to assess and evaluate the pregnant patient
and the fetus.” Reproductive Health Care for Incarcerated Pregnant, Postpartum, and
Nonpregnant Individuals, Comm. Op. No. 830, at 30 (July 2021) [https://perma.cc/P2J9-
2N8H]. The National Commission on Correctional Health Care notes an increased risk of
falls, pain during labor, and complications in postpartum from shackling pregnant
prisoners. Nonuse of Restraints for Pregnant and Postpartum Incarcerated Individuals, at
2 (Dec. 2025).7
Consequently, by 2018, 22 states, the District of Columbia and the federal
government had enacted legislation prohibiting or limiting the use of shackling during
labor.8 Ginette G. Ferszt, et al., Where Does Your State Stand on Shackling of Pregnant
Incarcerated Women?, 22 Nursing for Women’s Health 17, 18 (2018). And the Sixth,
Eighth, and Ninth Circuits condemn the practice of shackling pregnant offenders who do
7
Edwards’ expert cites to an earlier version of this position statement from 2020
concluding the same, which is reaffirmed in the 2025 version cited here.
8
As of 2025, 40 states have enacted legislation restricting the use of shackles on
incarcerated pregnant women. Veronica Brawley & Emma Kurant-Thoma, Use of
Shackles on Incarcerated Pregnant Women, J. of Obstetric, Gynecologic, & Neonatal
Nursing, Oct. 2013, at 87, https://www.jognn.org/action/showPdf?pii=S0884-
2175%2823%2900247-2 [https://perma.cc/F53K-CL4W]. Relevant here, in 2021, North
Carolina passed the Dignity for Women who are Incarcerated Act, which restricts DAC
employees from restraining “a pregnant female incarcerated person during the second and
third trimester of pregnancy, during labor and delivery, and during the postpartum recovery
period.” N.C. GEN. STAT. § 153A-229.2 (2021).
14
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 15 of 43
not present a security or flight risk. See e.g., Villegas v. Metro. Gov’t of Nashville, 709
F.3d 563, 572 (6th Cir. 2013); Nelson v. Corr. Med. Servs., 583 F.3d 522, 534 (8th Cir.
2009); Mendiola-Martinez v. Arpaio, 836 F.3d 1239, 1252–55 (9th Cir. 2016).
B. Edwards’ Shackling is a Constitutional Violation
With this background in mind, we begin with Edwards’ shackling claim. The
district court granted qualified immunity for Witherspoon and the Officer Defendants
because it found one’s “right to be free from shackling” while pregnant, during labor, and
postpartum was not clearly established. J.A. 3087. It did not discuss the constitutionality
of the underlying conduct. We address both issues, starting with whether shackling
Edwards violated the Eighth Amendment.
“[T]he qualified immunity analysis consists of two prongs: (1) whether a statutory
or constitutional violation occurred, and (2) whether the right was clearly established at the
time of the violation.” Benton v. Layton, 139 F.4th 281, 288 (4th Cir. 2025) (internal
quotation marks omitted) (quoting Aleman, 80 F.4th at 284). Courts may address the
inquiry “in whichever sequence ‘will best facilitate the fair and efficient disposition of [the]
case.’ ” Pfaller v. Amonette, 55 F.4th 436, 444 (4th Cir. 2022) (quoting Halcomb v.
Ravenell, 992 F.3d 316, 319 (4th Cir. 2021)).
The Eighth Amendment’s prohibition of cruel and unusual punishments extends to
“the treatment a prisoner receives in prison and the conditions under which [s]he is
confined.” Helling v. McKinney, 509 U.S. 25, 31 (1993); U.S. CONST. amend. VIII. The
Eighth Amendment “imposes [] dut[ies] on prison officials to ‘provide humane conditions
of confinement . . . [and] ensure that inmates receive adequate food, clothing, shelter and
15
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 16 of 43
medical care.’ ” Scinto v. Stansberry, 841 F.3d 219, 225 (4th Cir. 2016) (quoting Farmer
v. Brennan, 511 U.S. 825, 832 (1994)). To make out an Eighth Amendment claim in this
context, a plaintiff must make two showings. First, that the confinement conditions inflict
an “objectively, sufficiently serious” harm that “deprives prisoners of ‘the minimal
civilized measure of life’s necessities.’ ” Thorpe v. Clarke, 37 F.4th 926, 933 (4th Cir.
2022) (internal quotation marks omitted in first quotation) (quoting Farmer, 511 U.S. at
834). Second, that the officers acted with a culpable state of mind showing “ ‘deliberate
indifference to inmate health or safety’ because they knew of but disregarded the inhumane
treatment.” Id. (quoting Farmer, 511 U.S. at 834).
1. Shackling of Pregnant Offenders is Objectively Serious
To satisfy the objective prong, a deprivation must be “objectively ‘sufficiently
serious.’ ” Strickler v. Waters, 989 F.2d 1375, 1379 (4th Cir. 1993) (quoting Wilson v.
Seiter, 501 U.S. 294, 298 (1991)). The plaintiff must produce evidence of “ ‘a serious or
significant physical or emotional injury resulting from the challenged conditions,’ or ‘a
substantial risk of such serious harm resulting from . . . exposure to the challenged
conditions.’ ” Scinto, 841 F.3d at 225 (alteration in original) (quoting De’Lonta v.
Angelone, 330 F.3d 630, 634 (4th Cir. 2003) (De’Lonta I)). “Only an extreme deprivation”
meets this burden. De’lonta v. Johnson, 708 F.3d 520, 525 (4th Cir. 2013) (De’Lonta II).
We can consider the consensus of experts to prove that a prison official’s conduct poses a
risk of “serious or significant physical or emotional injury.” Scinto, 841 F.3d at 225
(quoting De’Lonta I, 330 F.3d at 634). We also may take into consideration the
“contemporary values concerning the infliction of a challenged sanction” as the Eighth
16
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 17 of 43
Amendment “ ‘must draw its meaning from the evolving standards of decency that mark
the progress of a maturing society.’ ” Villegas, 709 F.3d at 572 (quoting Gregg v. Georgia,
428 U.S. 153, 173 (1976)).
Edwards claims that two sources of evidence are sufficient to meet the objective
prong.
First, she points to a growing consensus within the medical community and amongst
policymakers that the shackling of pregnant offenders is dangerous and harmful. Edwards
adduces evidence from the United Nations Committee Against Torture, the American
Medical Association, American College of Obstetricians and Gynecologists, the National
Commission on Correctional Health Care, and others condemning the practice of shackling
pregnant women, specifically during labor, and identifying the harms that can result from
the practice. See e.g., J.A. 174, 180–81; see also Villegas, 709 F.3d at 572–75 (relying on
a similar set of sources to find that shackling “poses a substantial risk of harm”). Edwards’
expert, maternal fetal medicine specialist Dr. Alison M. Stuebe, characterized the use of
restraints on a pregnant woman as “psychologically devastating, dehumanizing, and
painful.” J.A. 173. Steube noted that, as pregnancy impacts a person’s balance and
mobility, shackling “directly increases” the risks of falls and injury to both the pregnant
offender and the baby and “can cause skin breakdown, nerve damage, and fractures.” J.A.
175. Stuebe continued that shackling “interferes with medical care” as the ability for
medical staff to maneuver a patient, like Edwards, is delayed by restraints putting both the
17
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 18 of 43
women and the baby’s lives at risk. Id. She also assessed that shackling increases the risks
of fatal blood clots postpartum because of a reduction in movement. J.A. 175–76.9
Second, Edwards points to her labor and delivery experience. Edwards states that
she was shackled by one leg and one arm for hours, even after medical staff induced her,
leaving her skin “raw and red.” J.A. 167. She was unable to move around even while
experiencing contractions and the shackles were only removed once doctors told her to
start pushing. Id. All told, her testimony supports that she was shackled by her hand and
foot for at least twelve hours from the time she was induced at 8:25 p.m. until shackles
were removed so that she could push and gave birth at 11:04 a.m. the next day. J.A. 117,
623. She then says that she was again shackled with both legs together and one wrist
handcuffed within an hour of giving birth as she was moved from a delivery to recovery
room. J.A. 168.
9
Defendants argue, citing Williams v. Branker, that Edwards’ testimony and expert
report do not rise to the level of an objectively serious injury or medical need because any
discomfort from Edwards’ shackling in the hospital was just an aggravation of a preexisting
condition that resulted from incarceration. See 462 F. App’x 348, 354 (4th Cir. 2012)
(“The fact that the conditions to which Williams was subjected aggravated his mental
illness is an unfortunate but inevitable result of his incarceration.”). But there is a key
difference between Williams and the case before us. Williams centered on allegations that
the plaintiff-inmate’s mental health suffered due to solitary confinement conditions that
included isolation and behavioral restrictions. Id. at 354. The court concluded that where
the conditions of confinement meet the minimal standards required by the Constitution,
any impacts on the inmate’s mental health were an “unfortunate but inevitable result of his
incarceration” that do not violate the Eighth Amendment. Id. Not so here. As we explain
below, shackling a pregnant inmate during labor and post-partum, without justification, is
an Eighth Amendment violation.
18
USCA4 Appeal: 24-7049 Doc: 108 Filed: 09/10/2026 Pg: 19 of 43
While this court has not opined on this exact issue, other courts condemn shackling
of pregnant offenders who do not present a security or flight ris