Adams v. Bradshaw

OPINION

We remanded this 28 U.S.C. § 2254 habeas corpus case to the district court for factual development of Ohio death-row inmate Stanley Adams’s claim that Ohio’s lethal-injection procedures violated his Eighth Amendment rights. Upon remand, Warden Margaret Bradshaw moved to dismiss for lack of jurisdiction. Relying on Hill v. McDonough, 547 U.S. 573, 126 S.Ct. 2096, 165 L.Ed.2d 44 (2006), the Warden argued that federal courts lack jurisdiction to consider Adams’s lethal-injection claim under § 2254 and that such a claim is cognizable only under 42 U.S.C. § 1983. The district court denied…