Legal Opinion

Raby v. Livingston

Court of Appeals for the Fifth Circuit

Decided March 16, 2010No. 08-20772PublishedCited by 174 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Charles Raby is a Texas prisoner under death sentence. Raby filed suit under 42 U.S.C. § 1983, asserting that Texas’ 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. In the wake of the Supreme Court’s decision upholding lethal injection in Kentucky in Baze v. Rees, 553 U.S. 35, 128 S.Ct. 1520, 170 L.Ed.2d 420 (2008), the district court denied Raby’s Fed.R.Civ.P. 56(f) motion for a continuance to permit further discovery regarding the administration of…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Baze v. ReesSupreme Court of the United States · 2008
  4. Louisiana Ex Rel. Francis v. ResweberSupreme Court of the United States · 1947
  5. Burge v. Parish of St. TammanyCourt of Appeals for the Fifth Circuit · 1999

10 more not listed; retrieve them via the Exa API.

3Cited by174 opinions

  1. Samuel Lopez v. Janice BrewerCourt of Appeals for the Ninth Circuit · 2012
  2. Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor of BaltimoreCourt of Appeals for the Fourth Circuit · 2013
  3. McCray v. Maryland Department of Transportation, Maryland Transit AdministrationCourt of Appeals for the Fourth Circuit · 2014
  4. David Zink v. George LombardiCourt of Appeals for the Eighth Circuit · 2015
  5. Cook v. BrewerCourt of Appeals for the Ninth Circuit · 2011

169 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API