Smego v. Payne

Dist. Ct. did not commit reversible error in removing plaintiff-committed sex offender from his trial on section 1983 claim, where: (1) Dist. Ct. stated that its customary practice was to remove all incarcerated parties for purposes of transporting said parties back to their facilities; (2) instant removal came after closing arguments were made and after jury was sent to deliberate on plaintiff’s case; and (3) any removal of plaintiff could not have affected jury deliberations. Ct. further noted that plaintiff was represented by law students who were present when jury returned verdict in defendants’ favor. Fact that instant removal took place off the record did not require different result. Moreover, plaintiff was not entitled to new trial, even though his removal deprived him of his right to poll jury, since: (1) plaintiff had legal representatives to make any polling request on his behalf; (2) Dist. Ct. had instructed jurors that they were to render unanimous verdict, and all jurors signed verdict form; and (3) jury did not submit any questions to parties after they were sent to deliberate on matter.