Taylor v. Dunn et al (DEATH PENALTY)
Available Case Documents
The following documents for this case are available for you to view or download:
|Date Filed||#||Document Text|
|November 21, 2017
MEMORANDUM OPINION AND ORDER: it is ORDERED that Defendants' Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. # 14 ) is GRANTED IN PART and DENIED IN PART, as follows: 1. Defendants Motion to Dismiss is DENIED wit h respect to Taylor's Eighth Amendment method-of-execution claim in Count 1 in that (a) Taylor has plausibly pleaded that the ADOC's execution protocol entails a substantial risk of severe pain, and (b) Taylor has plausibly pleaded three al ternative methods of execution with either compounded pentobarbital, sodium thiopental, or midazolam in a single-drug execution. Defendants' Motion to Dismiss is GRANTED with respect to Taylors fourth proposed alternative method of execution by nitrogen asphyxiation. 2. Defendants' Motion to Dismiss is GRANTED with respect to Taylor's Eighth Amendment consciousness assessment claim (Count 2). 3. Defendants' Motion to Dismiss is GRANTED with respect to Taylors First Amendment "right of access" claim for cell phone access (Count 3). Signed by Chief Judge William Keith Watkins on 11/21/2017. (kh, )
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the Alabama Middle District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?