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MATTIS v. SCHNARR

No. 75-1849.

547 F.2d 1007 (1976)

Robert Dean MATTIS, M.D., Appellant, v. Richard R. SCHNARR and Robert Marek, Appellees, v. John C. DANFORTH, Attorney General, State of Missouri, Intervenor-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1976.

Attorney(s) appearing for the Case

Eugene H. Buder, St. Louis, Mo., for appellant; Richard D. Baron, American Civil Liberties Union of Eastern Missouri, St. Louis, Mo., Joel M. Gora, American Civil Liberties Union, New York City, and Benjamin Roth, American Civil Liberties Union of Eastern Missouri, St. Louis, Mo., on brief.

Robert L. Presson, Asst. Atty. Gen., Jefferson City, Mo., John C. Danforth, Atty. Gen., Jefferson City, Mo., on brief.

Before GIBSON, Chief Judge, and LAY, HEANEY, BRIGHT, ROSS, STEPHENSON and HENLEY, Circuit Judges, en banc.

HEANEY, Circuit Judge, with whom LAY, BRIGHT and ROSS, Circuit Judges, concur.

This appeal concerns the constitutionality of Missouri statutes1 which permit law enforcement officers to use deadly force to effect the arrest of a person who has committed a felony if the person has been notified that he or she is under arrest and if the force used is restricted to that reasonably necessary to effect the arrest.2

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