UNITED STATES v. WESLEY

No. 85-2374.

798 F.2d 1155 (1986)

UNITED STATES of America, Appellee, v. Michael L. WESLEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1986.


Attorney(s) appearing for the Case

John Lightner, Springfield, Mo., for appellant.

Robin J. Aiken, Springfield, Mo., for appellee.

Before LAY, Chief Judge, HEANEY and JOHN R. GIBSON, Circuit Judges.


LAY, Chief Judge.

This appeal arises out of an incident occurring at the United States Medical Center in Springfield, Missouri, on July 20, 1985. Wesley was temporarily transferred to Ward 10A, the psychiatric ward, due to overcrowding on his ward. Wesley objected to the transfer and he began to pound and kick his cell door. Upon his refusal to discontinue this disturbance, a physician ordered him to be placed in physical restraints. Five guards entered his cell and...

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