William J.R. Embrey v. Greg Hershberger, Warden, United States Medical Center for Federal Prisoners

LAY, Circuit Judge.

On March 11, 1979, William J.R. Embrey and another man, Luie White, both armed, approached Darrell Spillers and his family at their home in. Southwest City, Missouri, and demanded money. Spillers, a local bank official, obtained over $11,000 from his bank while the two men held his family hostage. Embrey and White fled into Oklahoma in Spillers’ ear, taking Spillers with them as “insurance” in case Spillers had alerted the police while he was at the bank. When they arrived at a “getaway” car, Embrey and White released Spillers, and his ear, unharmed.

Embrey was later…