Jackson v. Doe et al

Filing 157

ORDER granting 151 Motion for Plaintiff to Wear Restraints. Signed by Judge Larry R. Hicks on 3/6/14. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 ALFONSO JACKSON, 10 Plaintiff, 11 v. 12 JOHN DOE, et al., 13 Defendants. ) ) ) ) ) ) ) ) ) ) 3:10-CV-00771-LRH-WGC ORDER 14 15 Before the Court is Defendants Justin Chenault, Charles Kirchen, Reuben Lajda, Jason 16 Marshall, and Tom Stubbs’ (collectively “Defendants”) Motion for Alfonso Jackson (“Jackson”) to 17 Wear Restraints at Trial. Doc. #151.1 Jackson filed an Opposition (Doc. #155), to which 18 Defendants replied (Doc. #156). 19 The Court accepts Defendants’ representations as to the legitimate and substantiated 20 security concerns related to Jackson and the associated necessity of restraints during trial in this 21 matter. Accordingly, the Court finds that it is appropriate to order Jackson to wear ankle restraints 22 that are attached to the floor and an electronic stun belt under his clothing so that it is not visible or 23 otherwise apparent to a jury. The Court further finds that this is the least restrictive means 24 available to balance Jackson’s interest in presenting his case to a jury in a fair and unbiased manner 25 with Defendants and the Court’s interest in maintaining the security and decorum of the courtroom. 26 1 Refers to the Court’s docket number. 1 2 IT IS THEREFORE ORDERED that Defendants’ Motion for Jackson to Wear Restraints at Trial (Doc. #151) is GRANTED. 3 IT IS FURTHER ORDERED that Jackson shall wear ankle restraints that are attached to the 4 floor and an electronic stun belt under his clothing so that it is not visible or otherwise apparent to a 5 jury. 6 IT IS SO ORDERED. 7 DATED this 6th day of March, 2014. 8 9 10 __________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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