Christopher McDaniel v. Anne Precythe

COLLOTON, Circuit Judge.

Christopher McDaniel sued the Director of the Missouri Department of Corrections, alleging that the Director's procedures for inviting citizens to witness executions violate McDaniel's rights under the Due Process Clause of the Fourteenth Amendment. The Director moved to dismiss McDaniel's claim on the grounds that McDaniel lacks standing and that the Director is immune from suit under the Eleventh Amendment. The district court 2 denied the motion, and the Director appeals. We affirm.

I

Because this appeal arises from the denial of a motion to dismiss, we accept as true…