Friday, June 28, 2019

Claiborne v. Blauser (9th Cir. - June 28, 2019)

This is a long, 27-page, single-spaced opinion.  Made longer by the fact that the defendant didn't object at trial, so we've got to review for plain error.  (Though the district court said it would have done the same thing even if an objection had been made, further complicating things.)

Notwithstanding the length, the opinion boils down to a very simple question:

Do we really have to publicly shackle a plaintiff during his civil trial when he's (1) 63 years old, (2) mobility impaired, and (3) had only ever committed nonviolent drug and property offenses?

Probably not.