Willie Carpenter v. A. Pfeil

MEMORANDUM

Plaintiff-Appellant Willie Carpenter (“Carpenter”), a state prisoner, brought this action under 42 U.S.C. § 1983 alleging use of excessive force and failure to protect by correctional officers in violation of the Eighth and Fourteenth Amendments. On appeal, Carpenter argues that he was denied a fair trial for his § 1983 claims in a number of ways: (1) the district court allowed him to be held in shackles throughout the two trials without first holding a hearing to determine whether shackles were necessary; (2) the district court abused its discretion in the management of trial, particularly by failing to intervene in violations of the Federal Rules of Evidence; and (3) the district court denied Carpenter’s repeated requests for counsel. We address each issue in turn and we affirm.

1.

As an initial matter, Carpenter did not object to being held in restraints. Carpenter’s comment regarding his restraints — which he seeks to characterize as a proper objection — was not a request for modification or removal of the restraints. During a sidebar prior to closing instructions in the first trial, when asked by the district court whether he would argue from the table or…