Landrigan v. McElroy

OPINION

WEISBERGER, Justice.

The defendant appeals from a Superior Court order granting the plaintiff’s motion for a body execution pursuant to G.L.1956 (1969 Reenactment) § 9-25-15. The defendant contends that the body execution statute contravenes the Fourteenth Amendment to the Constitution of the United States. We agree that a portion of the statute is unconstitutional. Accordingly, we sustain the defendant’s appeal, vacate the order that granted the plaintiff’s motion for a body execution, and remand the case to the Superior Court.

The facts that led to the issuance of the body execution in…