Monday, August 02, 2004

Deathrow inmate can have section 1983 claim challenging method of execution

Applying Nelson v. Campbell, 124 S. Ct. 2117 (2004), in Reid v. Johnson, the Fourth Circuit held in a per curiam opinion for the panel of Chief Judge Wilkins and Judges Gregory and Shedd that the plaintiff/appellant could bring a section 1983 claim challenging the specific method of his execution as unconstitutional.

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