Maus v. Baker, 2014 U.S. App. LEXIS 6307

Plaintiff sued under 42 U.S.C. § 1983 against jail guards and personnel for excessive force; claim survived summary judgment and went to jury.
Plaintiff, though in pretrial detainee status at events, was an inmate at trial; appeal focuses on courtroom appearance and dress.
Plaintiff was shackled during trial (handcuffs generally, leg irons unclear) with prison uniform; defendants wore jail-guard uniforms.
Judge did not conceal shackles or instruct jurors as promised, and the record does not show full extent of shackling.
Visible shackling and prison clothing are prejudicial; prior authority recognizes risk of prejudice and recommends concealment when possible.
Court remands for new trial, holding the prejudicial impact warranted reversal and remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are visible shackles and prison clothing prejudicial to a jury?	Maus	Maus	Reversed and remanded.
Can a curative instruction cure prejudice from shackles and attire?	Maus	Maus	Curative instruction insufficient.
Was unequal courtroom attire (prisoner vs. guards) improper without security justification?	Maus	Maus	Reversed and remanded.

Estelle v. Williams, 425 U.S. 501 (U.S. 1976) (recognizes prejudice from inmate attire in court)
Holbrook v. Flynn, 475 U.S. 560 (U.S. 1986) (identifies prejudice from visible restraints)
Lemons v. Skidmore, 985 F.2d 354 (7th Cir. 1993) (pretrial restraints; curative instruction failure; concealment recommended)
United States v. Honken, 541 F.3d 1146 (8th Cir. 2008) (courthouse security and concealment considerations)
Stephenson v. Wilson, 619 F.3d 664 (7th Cir. 2010) (prejudice due to courtroom presentation)
Krulewitch v. United States, 336 U.S. 440 (U.S. 1949) (curative instructions not reliably mitigating prejudice)
Mazzone, 782 F.2d 757 (7th Cir. 1986) (limited efficacy of curative instructions)
Holloway v. Alexander, 957 F.2d 529 (8th Cir. 1992) (visual prejudice from restraints in civil cases)