Sibrian

Sibrian v. City of Los Angeles

Good Law
288 F. App'x 385
United States Court of Appeals for the Ninth CircuitAugust 1, 2008No. 06-56532California537 words

Opinion

Lead Opinion

MEMORANDUM *

Miguel Lopez and passengers in the car he was driving appeal the jury’s verdict for the City of Los Angeles, the Los Angeles Police Department, and various individual officers on them claims under 42 U.S.C. § 1983 and various state laws. We affirm.

I

The district court did not abuse its discretion in allowing a uniformed guard to be nearby Lopez without first conducting an evidentiary hearing. 1 The court engaged in extensive discussions with counsel, including a colloquy with the state corrections officer who accompanied Lopez. Lopez does not suggest what a further hearing would have accomplished. See Jones v. Meyer, 899 F.2d 883, 886 (9th Cir.1990) (noting that this court has never held that a hearing is necessary before ordering that a defendant in a criminal case be shackled). The trial judge recognized that the decision about courtroom security was his to make; he did not delegate that authority to state correctional officials. Instead, he took into account the fact that this was a civil action, and considered both Lopez’s interests and security concerns. Security concerns included the fact that Lopez was serving a long-term sentence in state custody. Finally,…

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