Magallon Ex Rel. Resendiz v. Livingston
Court of Appeals for the Fifth Circuit
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
- Ford v. WainwrightSupreme Court of the United States · 1986
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- United States v. Maggie PowellCourt of Appeals for the Fifth Circuit · 2003
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