Legal Opinion
Wallace M. Fugate, III v. Department of Corrections, Jim Wetherington
Court of Appeals for the Eleventh Circuit
Decided August 14, 2002No. 02-14400PublishedCited by 31 opinions
1Opinion of the Court
BY THE COURT:
Fugate appeals the district court’s dismissal of his complaint and moves to enjoin and restrain the defendants from executing him until they take certain measure to minimize the risk of unnecessary pain, suffering and mutilation during the execution process. The execution is presently scheduled for 7:00 P.M., on Wednesday, 14 August 2002.
The district court concluded that Fugate’s action, putatively brought pursuant to 42 U.S.C. § 1983, was properly construed as a petition for writ of habeas corpus and found that it was without jurisdiction. 1 We hold that the district court…
2Cases cited3 opinions
- In Re Thomas Harrison ProvenzanoCourt of Appeals for the Eleventh Circuit · 2000
- Walter HILL, Plaintiff-Appellant, v. Joe S. HOPPER, Commissioner of Alabama Department of Corrections, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1997
- Ellis Wayne Felker, Larry Grant Lonchar v. Tony Turpin, Wayne Garner, John DoeCourt of Appeals for the Eleventh Circuit · 1996
3Cited by31 opinions
- Nelson v. CampbellSupreme Court of the United States · 2004
- In Re: Brad Bradley BradfordCourt of Appeals for the Eleventh Circuit · 2016
- Darrell Grayson v. Richard AllenCourt of Appeals for the Eleventh Circuit · 2007
- Reid v. JohnsonDistrict Court, E.D. Virginia · 2004
- Darling v. StateSupreme Court of Florida · 2010
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