No. 23-5803

Robert K. Decker v. Edwin Baez, et al.

Lower Court: Seventh Circuit
Docketed: 2023-10-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect federal-question shackling spoliation
Latest Conference: 2023-11-09
Question Presented (from Petition)

Did the United States District Court, Magistrate Judge err in the decision to have the Plaintiff, Robert K. Decker be hand cuffed, (left wrist) and shackled during the trial on July 12, 2021.

2. Did the United States District Court, Magistrate Judge err in the decision to have the Plaintiff's motion for the "Spoliation of Evidence"that the Defendants failed to preserve during the Discovery process.

3. Did the Seventh Circuit Court of Appeals err in affirming the decision of the United States District Court, Magistrates Judge's decision to have the Plaintiff, Robert K. Decker be required to be handcuffed (left wrist) and shackled during the trial of July 12, 2021.

4. Did the Seventh Circuit Court of Appeals err in affirming the decision of the United States District Court , Magistrate Judge's decision to have the Plaintiff's motion for "Spoliation of Evidence" to includesit with directions to the jury be denied.

5. Finially the United States District Court Magistrate Judge and the Seventh Circuit Court of Appeals had erred in the denial of the matter to have the Plaintiff, Robert K. Decker appear before the jury "Handcuffed" and shackled in view during the time that the Plaintiff had giving testimony of the events that had transpired on September 20, 2017

Question Presented (AI Summary)

Did the United States District Court, Magistrate Judge err in the decision to have the Plaintiff, Robert K. Decker be hand cuffed, (left wrist) and shackled during the trial on July 12, 2021

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States to respond filed.
2023-09-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2023)

Attorneys

Robert K. Decker
Robert K. Decker — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent