McCurdy v. Kernan et al

Filing 147

ORDER Regarding 122 Defendant's Motion to Shackle Plaintiff During Trial, signed by Magistrate Judge Stanley A. Boone on 1/21/2022. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES C. McCURDY,

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Plaintiff,

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v.
S. KERNAN, et al.,
Defendants.

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Case No.: 1:17-cv-01356-SAB (PC)
ORDER REGARDING DEFENDANT’S MOTION
TO SHACKLE PLAINTIFF DURING TRIAL
(ECF No. 122)

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Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Defendant’s motion to shackle Plaintiff during trial, filed
December 17, 2021. Plaintiff did not file an opposition and the time to do so has expired.

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I.

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LEGAL STANDARD

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The Supreme Court has recognized and addressed the potential risks prisoner place on

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courtroom security in Illinois v. Allen, 397 U.S. 337, 343 (1970), and stated, “[i]t is essential to the

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proper administration of criminal justice that dignity, order, and decorum be the hallmarks of all court

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proceedings in our country.” In Clairborne v. Blauser, 934 F.3d 885, 895, 901 (9th Cir. 2019), the

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Ninth Circuit held that an inmate may only be visibly shackled during a civil proceeding “when there
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is an ‘individualized security determination’ that ‘take[s] account of the circumstances of the

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particular case.” There, a state prisoner moved for a new trial on the ground that he was visibly

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shackled in violation of his due process right to a fair trial. Clairborne, 934 F.3d at 892. The Ninth

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Circuit ruled that the two-part analysis applicable in criminal cases before an inmate may be visibly

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shackled for a jury trial applies to civil cases involving incarcerated plaintiffs. Id. at 897-898.

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Therefore, the Court must be persuaded by compelling circumstances that the measure is necessary to

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maintain security, and the Court must pursue less restrictive alternatives before imposing physical

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restraints. Id. at 895. Compelling circumstances may include a prisoner's status, propensity for

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violence, and history of unruly conduct. See Wilson v. McCarthy, 770 F.2d 1482, 1485 (9th Cir.

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1985). By itself, prisoner status may not warrant shackling, but it may justify the court's concern for

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security. Id. “[S]hackling is proper where there is a serious threat of escape or danger to those in and

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around the courtroom or where disruption in the courtroom is likely in the absence of shackles.” Id.

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(internal citation omitted). While such measures carry prejudicial effect, the Court's calculus as to

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their exclusion must also account for security concerns. Morgan v. Bunnell, 24 F.3d 49, 51 (9th Cir.

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1994) (“The judge has wide discretion to decide whether a defendant who has a propensity for

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violence poses a security risk and warrants increased security measures.”).

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Defendant seeks to have Plaintiff restrained during trial with leg irons and waists chains

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(preferably that he be chained to an immobile security chair) because of a manifest need given

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Plaintiff’s disciplinary history, his recent display of animosity toward defense counsel, his Level IV

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classification score, and other factors.

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This is a civil a case and the jury knows that in any Eighth Amendment case the plaintiff is (or

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has been) an inmate. This obviates direct comparison from some of the case law that arises from

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criminal proceedings. See, e.g., Duckett v. Godinez, 67 F.3d 734, 748 (9th Cir. 1995) (holding that

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shackling during the sentencing hearing in the absence of a compelling need and consideration of less

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restrictive alternatives constitutes constitutional error). However, the right to a fair trial is

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fundamental in civil cases just as it is in criminal proceedings.

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Plaintiff has a lengthy disciplinary history dating back several years and includes violent
offenses. Plaintiff is a Level IV, close-custody inmate with 372 classification points, over six times
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the minimum amount (60) necessary to qualify for Level IV status-the highest security designation in

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the CDCR. (R. Largent Decl. ¶ 3.) Plaintiff is currently serving five different sentences and has a

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self-declared moniker of “Rebel.” (Id. ¶ 4.) Plaintiff violent history includes the following incidents:

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(1) possession of a deadly weapon on April 24, 2020; (2) battery on a prisoner on February 27, 2020;

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(3) battery on a peace officer on July 21, 2019; (4) battery on a peace officer on June 2, 2019; (5)

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battery on a peace officer on December 21, 2018; (6) assault on a peace officer on May 3, 2018; (7)

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manufacture of a deadly weapon on April 25, 2018; (8) battery on a peace officer on February 1, 2017;

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(9) possession of a deadly weapon on September 2, 2016; (10) battery on a peace officer on April 18,

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2016; (11) attempted murder of an officer on April 18, 2016; (12) attempted murder of an inmate on

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October 22, 2014; (13) battery on an inmate on June 24, 2014; (14) fighting on September 12, 2014;

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(15) fighting on January 20, 2009; ad (16) attempted battery on an inmate on October 30, 2007. (Id. ¶

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7.) In addition, Plaintiff has a history of starting fires, spitting on officers, and damaging/destroying

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state property. (Id. ¶ 8.) Moreover, the incident at issue in this case involved a cell extraction.

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Furthermore, Plaintiff’s maximum-security designation creates an inherent risk of escape. Based on

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Plaintiff’s history of violence and his status as a Level IV inmate with a lengthy sentence, the Court

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finds that in this case, security and safety concerns compel the use of shackles at trial. Plaintiff also

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has not opposed this motion. However, so as to lessen any prejudice to Plaintiff, he should be

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restrained by use of leg irons attached to a cement bucket under the table and not visible to the jury.

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As long as Plaintiff's conduct is appropriate, his hands will not be shackled. However, if Plaintiff’s

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conduct warrants, the Court may order him to be further shackled and restrained. Accordingly,

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Defendant’s motion for use of restraints at trial is granted.

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IT IS SO ORDERED.

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Dated:

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January 21, 2022
UNITED STATES MAGISTRATE JUDGE

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