Rosheisen v. Steele, 14411.

• Decision Date: 27 December 1951
• Docket Number: No. 14411.,14411.
• Citation: 193 F.2d 273
• Parties: ROSHEISEN v. STEELE.
• Court: U.S. Court of Appeals — Eighth Circuit

193 F.2d 273 (1951)

ROSHEISEN v. STEELE.

No. 14411.

United States Court of Appeals Eighth Circuit.

December 27, 1951.

Carl R. Gaertner, Kirkwood, Mo. (appointed by the Court), submitted brief for appellant.

Sam M. Wear, U. S. Atty. and Hugh A. Miner, Asst. U. S. Atty., Kansas City, Mo., submitted brief for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal in forma pauperis from an order dismissing, without a hearing, the petition of Elmer A. Rosheisen for a writ of habeas corpus. The petition is based upon the claim that the petitioner is sane and competent and not subject to confinement in the United States Medical Center for Federal Prisoners at Springfield, Missouri, and that with proper deduction for good time his sentence has expired.

The petitioner was transferred to the Medical Center from the United States Penitentiary at Lewisburg, Pennsylvania, by an order of the Attorney General dated October 3, 1950. The order was based upon a certificate of the Board of Examiners of the Penitentiary at Lewisburg finding the petitioner to be insane or of unsound mind and a suitable subject for confinement in the Medical Center. The transfer was made in conformity with § 4241, Title 18 U.S.C.

At the time of his transfer the petitioner was serving a sentence of eight years imprisonment. He was originally sentenced to death by a General Court-Martial, but the sentence was subsequently reduced. If he had not been transferred to the Medical Center, he would, with allowance for good time, have been entitled to a conditional discharge on March 9, 1951. Under the order of the Attorney General transferring the petitioner to the Medical Center, he was, under the provisions of § 4241, "to be kept until, in the judgment of the superintendent of said hospital, the prisoner shall be restored to sanity or health or until the maximum sentence, without deduction for good time or commutation of sentence, shall have been served." The maximum sentence of the petitioner without allowance for good time will expire May 1, 1953.

For the purpose of securing his release, the petitioner on May 9, 1951, filed in the District Court a petition for a writ of habeas corpus or in the alternative a writ of mandamus, asserting: (1) that he had been transferred to the Medical Center "upon certification of insanity by a Board of Examiners, illegally constituted, and without Due Notice or opportunity to defend being given him by such Board"; (2) that he was illegally compelled to submit to "shock treatments (Insulin) against his will"; and (3) that he is now sane and competent and is entitled to be discharged because of good time credits earned.

The District Court ordered the respondent (appellee) to show cause why the petition should not be granted. The United States Attorney, on behalf of the respondent, filed an answer denying that the petitioner had been restored to sanity or health so that he might be transferred or released. Attached to the answer was a letter of the Medical and Clinical Director of the Medical Center to the United States Attorney, dated May 18, 1951, written at the direction of the respondent and the Chief Medical Officer of the institution, which, so far as pertinent, reads as follows:

"Subject Elmer A. Rosheisen was certified as being of unsound mind by Board of Examiners, September 14, 1950, while a prisoner at the U. S. Penitentiary, Lewisburg, Pennsylvania. He was received at this institution October 16, 1950. Dr. Robert Lincoln of our Staff saw this patient and in a report dated November 3, 1950 concurred with the diagnosis made at the referring institution, namely, schizophrenic reaction, paranoid type. He was seen for evaluation by the Neuro-Psychiatric Staff January 18, 1951, but as he was then receiving insulin coma treatment, such evaluation was deferred pending reasonable interval following completion of therapy. Treatment was completed and patient assigned to the Ward for improved psychotics March 13, 1951. However, his condition was such that he remained unemployed until May 9, 1951,...