Chappell v. McCargar, et al

Filing 163

ORDER signed by Judge Garland E. Burrell, Jr on 7/12/2010 ORDERING that defendants have shown that plaintiff poses a security risk. Therefore, plaintiff shall be restrained during trial with leg irons attached to a weighted bucket which shall be shielded from the jury by privacy panels. (cc: USM) (Waggoner, D)

(PC) Chappell v. McCargar, et al

Doc. 163

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Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

REX CHAPPELL, Plaintiff, v. D. MCCARGAR, D. HOFFMAN, M. MARTEL, C. PLILER, and D. HAMAD, Defendants. ________________________________

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2:02-cv-02299-GEB-KJM ORDER

In a "Supplement To Pretrial Order" filed September 1, 2009, the Court directed the parties to address whether Plaintiff Chappell poses a security risk and therefore should have an ankle shackled during trial. (Docket No. 86.) Defendants filed a response in which they request Chappell be "restrained with leg irons attached to a weighted bucket under the inmate's courtroom table at all times during trial." (Docket No. 93, 2:10-11.) Defendants argue in support of this request:

"[the] Litigation Coordinator at High Desert State Prison... informed [defense] counsel... that [Chappell] is classified as close B, with a score of 667; that the level IV classification begins with a score of 51, and that Plaintiff has an in-custody felony conviction for battery." (Id., 1:23-25.) Defendants further state, "because Chappell is housed at a level IV institution, he is considered a high safety and security risk." (Id., 2:4-5.)

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Chappell filed a conclusory opposition to Defendant's request, stating "Plaintiff isn't a violent man....[Plaintiff] is nearly (60) years old. So he's not about to attempt to escape.... Plaintiff will not be attempting to escape or do anything silly." (Docket No. 96, 1:16-17, 11:20-21, 1:24-25.) Defendants have shown that Plaintiff poses a security risk. Therefore he shall be restrained during trial with leg irons attached to a weighted bucket which shall be shielded from the jury by privacy panels. IT IS SO ORDERED. July 12, 2010

GARLAND E. BURRELL, JR. United States District Judge

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