FOSTER v. EBERLE

No. 91-2895.

978 F.2d 1014 (1992)

William Wentworth FOSTER; Terry L. Canterbury, Appellants, v. Major James EBERLE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 9, 1992.

Publication Ordered October 29, 1992.


Attorney(s) appearing for the Case

Chuck D. Brown, Joplin, Mo., argued, for appellants.

Bruce Farmer, Jefferson City, Mo., argued, for appellee.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BEAM, Circuit Judge.


PER CURIAM.

William Wentworth Foster and Terry L. Canterbury, inmates of the Missouri Department of Corrections, claim that they were hit by stray pieces of buckshot and received minor injuries during the quelling of a prison disturbance created by a knife-wielding inmate, Nunley. Major Eberle fired the shot down a corridor into inmate Nunley's legs after he ignored a warning shot into the air and continued to threaten the safety of other officers and inmates. Foster...

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