Legal Opinion

Magallon Ex Rel. Resendiz v. Livingston

Court of Appeals for the Fifth Circuit

Decided June 16, 2006No. 06-70023PublishedCited by 51 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

Earlier this week, the Supreme Court decided that Eighth Amendment challenges to a state’s method of execution may properly be brought under 42 U.S.C. § 1983. See Hill v. McDonough, — U.S. -, 126 S.Ct. 2096, 165 L.Ed.2d 44 (2006). We have such a suit before us today. In this opinion, however, we only address narrow issues of civil procedure. The result is that we affirm in part and modify in part, remanding for further proceedings consistent with this opinion.

I. BACKGROUND

Angel Resendiz is a Mexican national who was convicted of capital murder in Texas in 1998. His…

2Cases cited12 opinions

  1. Ford v. WainwrightSupreme Court of the United States · 1986
  2. Hill v. McDonoughSupreme Court of the United States · 2006
  3. Morton v. GTE Southwest Inc. (Wieburg)Court of Appeals for the Fifth Circuit · 2001
  4. Arguello v. Conoco, Inc.Court of Appeals for the Fifth Circuit · 2003
  5. United States v. Maggie PowellCourt of Appeals for the Fifth Circuit · 2003

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3Cited by51 opinions

  1. United States v. Shukri BakerCourt of Appeals for the Fifth Circuit · 2011
  2. Abraugh v. AltimusCourt of Appeals for the Fifth Circuit · 2022
  3. Rideau Ex Rel. T.R. v. Keller Independent School DistrictCourt of Appeals for the Fifth Circuit · 2016
  4. Kuelbs v. HillCourt of Appeals for the Eighth Circuit · 2010
  5. Yueh-Lan Wang Ex Rel. Wen-Young Wong v. New Mighty U.S. TrustDistrict Court, District of Columbia · 2017

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

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