Kenneth Edward Hartman v. D.J. McCarthy

74 F.3d 1245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth Edward HARTMAN, Plaintiff-Appellant, v. D.J. McCARTHY, et al., Defendants-Appellees. No. 93-16368. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Jan. 22, 1996. 1 Before: SCHROEDER and ALARCON, Circuit Judges, and PANNER, ** Senior District Judge. 2 MEMORANDUM *** 3 Pro se prisoner plaintiff Kenneth Edward Hartman appeals from a jury verdict for defendant prison officials, contending that the district court improperly allowed him to be shackled during the trial. We affirm. BACKGROUND 4 While in prison, Hartman tested positive for HIV infection, but later tested negative. Hartman claims that defendants improperly disclosed the first test results to other inmates and to non-medical staff. 5 At trial, Hartman moved to appear without shackles. Defendants took no position, stating that Hartman posed little risk of escape. The trial court accepted a prison guard's…