The following excerpt is from Davidson v. Riley, 44 F.3d 1118 (2nd Cir. 1995):
Lemons, 985 F.2d at 358. The trial court having failed to follow these steps, the court of appeals remanded for (a) a hearing on the necessary level of restraints, if any, and (b) a new trial. See also Tyars v. Finner, 709 F.2d at 1276, 1285 (in jury trial to determine whether a mentally retarded person was a danger to himself or others and thus, under California law, could be involuntarily committed to a state hospital, the imposition on him of physical restraints with no prior showing of demonstrable or articulable necessity, and no showing that less restrictive and less prejudicial means were unavailable, violated due process); id. at 1284 ("Shackling [or] restraining ... a [party] ... must be limited to cases urgently demanding that action, based upon a balancing of the [party's] rights to be present and to have an impartial jury with the need for orderly administration of justice.").
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