Arthur v. Commissioner, Alabama Department of Corrections

Only because a dissent has been filed, I write briefly to put this case in the proper context and to set forth why I concur in the denial of rehearing en banc.

Under sentence of death, Thomas Arthur’s execution is currently scheduled for May 25, 2017 at 6:00 p.m. CST. This is Mr. Arthur’s eighth scheduled execution1 and seventh 42 U.S.C. § 1983 case. Arthur v. Comm’r, Ala. Dep’t of Corr., CM/ECF for the Eleventh Cir. Ct. App. no. 17-11879, at 2, 2017 WL 2292095, at *1, 680 Fed.Appx. 894, 896 (11th Cir. 2017) (the “Panel Opinion”).

This appeal arises in Mr. Arthur’s sixth § 1983 case. Panel…