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Second Circuit· 1/11/1995

Davidson v. Riley

Citations

  • 44 F.3d 1118

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • appearing in shackles was prejudicial to prisoner-plaintiff because the case came down to a “ ‘swearing contest’ in which the credibility of the witnesses was ‘crucial’ ”
  • “Where the restraints would appear to be pertinent to the substance of the plaintiffs claims, the error may well not be harmless.”
  • district court abused its discretion in refusing to hold an evidentiary hearing as to disputed allegations that the prisoner-plaintiff was a flight risk
  • district courts have a “responsibility to determine whether [a prisoner-plaintiffs] due process right not to appear before the jury in shackles ... [is] outweighed by considerations of security”
  • “Circuit courts have recognized that the concerns expressed in Allen are applicable to parties in civil suits as well.”
  • district court stated that the decision on physical restraints was “up to the officers” who accompanied the plaintiff, and that it would not “do anything different than [what] they advise”

Source: CourtListener parenthetical corpus (CC0).

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Cited by

9 cases in this archive cite this case.

Cites

12 cases in this archive are cited by this case.

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