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CLAIBORNE v. BLAUSER

No. 16-16077.

928 F.3d 794 (2019)

Dennis Gerald CLAIBORNE, Plaintiff-Appellant, v. BLAUSER, Correctional Officer; S. Martin, Correctional Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2019.

Attorney(s) appearing for the Case

Jeremy M. Christiansen (argued), Gibson Dunn & Crutcher LLP, Washington, D.C.; J. Brett Bylund and Blaine H. Evanson , Gibson Dunn & Crutcher LLP, Irvine, California; for Plaintiff-Appellant.

Jaime Ganson (argued) and Arthur B. Mark III , Deputy Attorneys General; Neah Huynh , Acting Supervising Deputy Attorney General; Monica N. Anderson , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Sacramento, California; for Defendants-Appellees.

Before: Sidney R. Thomas, Chief Judge, Richard A. Paez, Circuit Judge, and Gary Feinerman, District Judge.

OPINION

The law has long forbidden the routine use of visible shackling during a criminal defendant's trial. Deck v. Missouri, 544 U.S. 622, 626, 125 S.Ct. 2007, 161 L.Ed.2d 953 (2005). Visible shackling undermines the presumption of innocence, impedes the jury's factfinding process...

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