Shorter v. Baca

Los Angeles County all-female jail has policy of shackling mentally ill women for their “recreation” time, and officers often leave women naked and chained to their cell doors for hours without access to food, water, toilet. Ninth Circuit: Given all of the “uncontroverted evidence” of the above, the district court should not have told the jury to defer to jail officials’ claims that the shackling was necessary because of “overcrowding” and “understaffing.” Juries may only be instructed to defer to jail officials if there is evidence the policy is security based. (Bonus: This is the same jail that shackled women during childbirth. Super bonus: In 2017, the defendant, now-former Sheriff Lee Baca, was sentenced to three years in prison for obstructing an FBI investigation into widespread abuses by LA county jails.)

Tags: 2018, Cruel and Unusual Punishment, Due Process, Eighth Amendment, Fourteenth Amendment, Ninth Circuit

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