Legal Opinion
Neville v. Johnson
Court of Appeals for the Fifth Circuit
Decided February 8, 2006No. 06-70005PublishedCited by 32 opinions
1Per curiam
Robert James Neville appeals the dismissal of his action seeking injunctive relief and a stay of execution under 42 U.S.C. § 1983. He alleged that a particular lethal injection protocol as well as related procedures violate the Eighth and Fourteenth Amendments of the Constitution. The district court dismissed Ne-ville’s action because he was dilatory in filing his action for equitable relief. We AFFIRM.
A challenge to a method of execution may be filed any time after the plaintiffs conviction has become final on direct review. White v. Johnson, 429 F.3d 572, 574 (2005). Neville’s death penalty…
2Cases cited3 opinions
- Nelson v. CampbellSupreme Court of the United States · 2004
- Harris v. JohnsonCourt of Appeals for the Fifth Circuit · 2004
- Hill v. CrosbySupreme Court of the United States · 2006
3Cited by32 opinions
- McNair v. AllenCourt of Appeals for the Eleventh Circuit · 2008
- Richard Wade Cooey, II v. Ted Strickland, Governor Terry J. Collins, Director E.C. Voorhies, WardenCourt of Appeals for the Sixth Circuit · 2007
- Philip Workman v. Governor Phil BredesenCourt of Appeals for the Sixth Circuit · 2007
- Walker v. EppsCourt of Appeals for the Fifth Circuit · 2008
- Kelly Renee Gissendaner v. Commissioner, Georgia Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2015
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