United States Ninth Circuit

In four consolidated cases in which defendants challenged a policy in the Southern District of California whereby US Marshals place pretrial detainees in full shackle restraints for most appearances before a judge, including arraignments, unless a judge specifically requests the restrains to be removed in a particular case, the district court's orders are vacated where: 1) a full restraint policy ought to be justified by a commensurate need, and cannot rest primarily on the economic strain of the jailer to provide adequate safeguards; and 2) the Southern District has failed to provide adequate justification for its restrictive shackling policy.

Appellate Information

• Decided 08/25/2015
• Published 08/25/2015

Judges

Court

• United States Ninth Circuit

Counsel