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CASE ENTRY

Claiborne v. Blauser

Infirm inmate serving lengthy prison term sues guards after they allegedly injure him on walk across prison yard. At trial on his Eighth Amendment claims, the inmate is visibly shackled. Which was plain error, says the Ninth Circuit. The inmate’s dangerousness was a merits issue at trial, so the trial court erred by ordering the inmate’s shackling without first determining whether shackling was necessary.


Tags: 2019, Deliberate Indifference, Eighth Amendment, Excessive Force, Ninth Circuit

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