Kernan
(PC) McCurdy v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JAMES C. McCURDY, ) Case No.: 1:17-cv-01356-SAB (PC) ) Plaintiff, ) ) ORDER REGARDING DEFENDANT’S MOTION v. ) TO SHACKLE PLAINTIFF DURING TRIAL
) S. KERNAN, et al., (ECF No. 122) ) Defendants. ) ) )
Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendant’s motion to shackle Plaintiff during trial, filed December 17, 2021. Plaintiff did not file an opposition and the time to do so has expired. I. LEGAL STANDARD The Supreme Court has recognized and addressed the potential risks prisoner place on courtroom security in Illinois v. Allen, 397 U.S. 337, 343 (1970), and stated, “[i]t is essential to the proper administration of criminal justice that dignity, order, and decorum be the hallmarks of…