Ernest Johnson v. Anne L. Precythe

COLLOTON, Circuit Judge.

Ernest Johnson, a prisoner sentenced to death in Missouri, appeals the dismissal of his action challenging the constitutionality of the State's method of execution as applied to him. The district court dismissed Johnson's second amended complaint for failure to state a claim. We conclude that Johnson pleaded a plausible claim for relief under the Eighth Amendment, so we reverse and remand for further proceedings.

I

Johnson was convicted of three counts of first-degree murder in Missouri state court and sentenced to death. See State v. Johnson , 244 S.W.3d 144 , 149 (Mo.…