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Abstract: 

Qualified Immunity Deriving From the Eleventh Amendment. The Eleventh Amendment of the U.S. Constitution provides that “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States.” Since 1824, the interpretation of the Eleventh Amendment has been expanded to protect those who act in an official capacity on behalf of the state. On October 2, 2009, after over a year of careful consideration, the Eighth Circuit, in Nelson v. Correctional Medical Services , 583 F.3d 522 (8 th Cir. 2009), issued a much anticipated decision upholding a district court decision that enied summary judgment based on qualified immunity in a case concerning shackling of pregnant inmates during labor.

Keywords: Osborn, Pierson, Ray, McRaven, Sanders, McFarland, drug influence evaluation, delivery

Affiliations:  1: Pace University School of Law Library.