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Chappell v. McCargar

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


July 12, 2010

REX CHAPPELL, PLAINTIFF,
v.
D. MCCARGAR, D. HOFFMAN, M. MARTEL, C. PLILER, AND D. HAMAD, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

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.)

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.

20100712

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