Civil Procedure — shackles

By: WISCONSIN LAW JOURNAL STAFF//April 7, 2014//

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U.S. Court of Appeals for the Seventh Circuit

Civil

Civil Procedure — shackles

A new trial is required where the plaintiff in a civil rights suit against jail guards was required to wear shackles during the trial.

“We said in Lemons v. Skidmore, 985 F.2d at 359, that ‘first, [the plaintiff] is entitled to the minimum restraints necessary, and a determination that some restraints are appropriate does not mean that leg-irons and handcuffs are required. Second, although the [trial] judge said that he would give a curative instruction to the jury, none was ever given. Third, there are various ways to minimize the appearance of restraints, and therefore minimize the likelihood of prejudice to the jury, and none of these ameliorative steps were taken.’ These precepts, equally applicable to this case, require reversal, and a remand for a new trial.”

Reversed and Remanded.

13-2420 Maus v. Baker

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Posner, J.

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