Legal Opinion

Emmett v. Johnson

Court of Appeals for the Fourth Circuit

Decided July 16, 2008No. 07-18PublishedCited by 251 opinions

1Opinion of the Court

Affirmed by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge SHEDD joined. Judge GREGORY wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

Christopher Scott Emmett brought this action under 42 U.S.C.A. § 1983 (West 2003), asserting that the Commonwealth of Virginia’s method for lethal injection violates his right to be free of cruel and unusual punishment guaranteed by the Eighth Amendment to the United States Constitution. The district court granted summary judgment to the defendants. We affirm.

I

Emmett was convicted by a jury of the robbery and capital…

2Cases cited16 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Farmer v. BrennanSupreme Court of the United States · 1994
  5. Bell v. WolfishSupreme Court of the United States · 1979

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3Cited by251 opinions

  1. Samuel Lopez v. Janice BrewerCourt of Appeals for the Ninth Circuit · 2012
  2. Cook v. BrewerCourt of Appeals for the Ninth Circuit · 2011
  3. Raby v. LivingstonCourt of Appeals for the Fifth Circuit · 2010
  4. Jackson v. DanbergCourt of Appeals for the Third Circuit · 2010
  5. Ground Zero Museum Workshop v. WilsonDistrict Court, D. Maryland · 2011

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