Rega v. Armstrong

Full title: ROBERT GENE REGA, Plaintiff, v. THOMAS ARMSTRONG, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Jun 9, 2016

Civil Action No. 08-156 (W.D. Pa. Jun. 9, 2016)

Opinion

Civil Action No. 08-156

06-09-2016

ROBERT GENE REGA, Plaintiff, v. THOMAS ARMSTRONG, Defendant.

Terrence F. McVerry United States District Judge

Judge McVerry/ MEMORANDUM ORDER

Now pending is PLAINTIFF'S MOTION IN LIMINE RELATED TO HIS APPEARANCE AT TRIAL (ECF No. 508), with brief in support, filed by counsel for Plaintiff Robert Rega. Defendant has filed a response and the motion is ripe for disposition.

Jury selection and trial is scheduled to commence on July 11, 2016. Rega is incarcerated at SCI-Greene on "death row." Although the parties have stipulated that references to Rega's criminal history and current status will not be made at trial unless Rega opens the door to such testimony, see ECF No. 507, it is obvious that his presence in the courtroom will present significant security concerns.

Plaintiff recognizes the need for physical restraints to ensure safety, but seeks five accommodations to minimize any perception of prejudice that his appearance may have on the jury. Plaintiff requests: (1) that Rega be permitted to wear civilian clothes during trial; (2) that a scrim or fabric be placed around both counsel tables, to obstruct the jury's view of any leg restraints; (3) that Rega enter the courtroom prior to the jury, and exit the courtroom after the jury has left. Defendant does not oppose these requests, and they are hereby GRANTED.

In addition, Plaintiff requests: (4) that all correctional officers and/or U.S. Marshals be stationed at a discrete and unobtrusive distance; and (5) that Rega be permitted to wear leg restraints, but not handcuffs, during the trial. Defendant opposes these requests and they are hereby DENIED. As Judge Ambrose explained in Brown v. Worstell, 2005 U.S. Dist. LEXIS 15274 at *9 (W.D. Pa. 2005), the jury will certainly learn that Rega is incarcerated. Any incremental perception of prejudice to Rega is greatly outweighed by security and safety concerns. The Court will defer to the U.S. Marshal regarding such measures.

SO ORDERED this 9^th day of June, 2016.

s/ Terrence F. McVerry

United States District Judge cc: All Counsel of record via CM-ECF