Legal Opinion · Dissent

Russell Bucklew v. Anne Precythe

Court of Appeals for the Eighth Circuit

Decided March 6, 2018No. 17-3052Published

1DissentColloton, Circuit Judge

Russell Bucklew alleges that the State of Missouri's method of execution by lethal injection violates his rights under the Eighth and Fourteenth Amendments. He seeks an injunction prohibiting an execution by that method. The district court granted summary judgment for the State, but there are genuine disputes of material fact that require findings of fact by the district court before this dispute can be resolved. I would therefore remand the case for the district court promptly to conduct further proceedings.

Bucklew's claim under 42 U.S.C. § 1983 requires him to prove two elements: (1) that…

2Cases cited8 opinions

  1. Wallace v. KatoSupreme Court of the United States · 2007
  2. Glossip v. GrossSupreme Court of the United States · 2015
  3. Bay Area Laundry & Dry Cleaning Pension Trust Fund v. Ferbar Corp. of California, Inc.Supreme Court of the United States · 1997
  4. Whole Woman's Health v. HellerstedtSupreme Court of the United States · 2016
  5. United States v. John H. CandieCourt of Appeals for the Eighth Circuit · 1992

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