Hernandez v. Constable

Summary

The United States District Court for the Eastern District of California granted plaintiff Cesar N. Hernandez’s request to wear civilian clothing during trial but denied his request to appear without restraints. The court ordered that he be restrained with concealed leg irons during trial, while permitting hand and waist chains only outside the jury’s presence during transport.

Holdings

1. Hernandez was permitted to wear his own civilian clothing during trial, subject to inspection and search by the California Department of Corrections and Rehabilitation and the United States Marshals Service.
2. Limited restraints were warranted based on an individualized security determination considering Hernandez's life sentence for murder and history and propensity for violence. The court authorized leg irons attached to a cement bucket under the counsel table, concealed from the jury, while prohibiting shackling of his hands and waist during trial or testimony.

Questions Presented

1. Whether Hernandez should be permitted to wear civilian clothing during the jury trial.
2. Whether Hernandez could be visibly or otherwise shackled during the jury trial without an individualized determination that restraints were necessary for courtroom security.

Disposition

other