WARD v. SMITH

No. 15-2583.

844 F.3d 717 (2016)

Kevin WARD, Plaintiff-Appellant, v. Bradley SMITH; Dustin Merriett, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 21, 2016.


Attorney(s) appearing for the Case

James T. Wicks , Bryan Cave LLP, Kansas City, MO (Curtis Shank, Stephanie Bradshaw, on the brief), for appellant.

Nicholas J. Komoroski , Asst. Atty. Gen., Jefferson City, MO ( Chris Koster , Atty. Gen., on the brief), for appellees.

Before COLLOTON, MELLOY, and SHEPHERD, Circuit Judges.


Kevin Ward sued correctional officers Bradley Smith and Dustin Merriett under 42 U.S.C. § 1983, alleging the officers used excessive force when they administered pepper spray to gain Ward's compliance with orders to submit to wrist restraints. After conducting a two-and-a-half day bench trial, the district court

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