Roger Thorson v. Christopher Epps

EDITH H. JONES, Circuit Judge:

Roger Thorson (“Thorson”), an inmate on death row at the Mississippi State Penitentiary in Parchman, Mississippi, challenges the district court’s grant of summary judgment concerning his claim that Mississippi’s lethal injection procedures violate his Eighth Amendment right to be free from cruel and unusual punishment. Because Baze v. Rees, 553 U.S. 35, 128 S.Ct. 1520, 170 L.Ed.2d 420 (2008), precludes the remedy sought, we AFFIRM.

BACKGROUND

Appellant Thorson brought a 42 U.S.C. § 1983 action to enjoin the use of Mississippi’s current execution procedures against…