In November 1962 McShane was indicted by a Lafayette County Mississippi grand jury on charges that he "did incite a riot" in relation to his decision to fire tear gas into crowds of violent protesters during the Ole Miss riot of 1962. McShane subsequently gave himself up for arrest, was processed, and released. The US District Court found that McShane acted under orders and statutory authority and "had reasonable cause to believe ... that the use of tear gas ... was a proper measure to be taken". The court granted summary judgment in favor of McShane.