Taylor v. Dunn et al (DEATH PENALTY)
| Michael Shannon Taylor |
| Jefferson Dunn and Cynthia Stewart |
| 2:2017cv00046 |
| January 24, 2017 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Escambia |
| Susan Russ Walker |
| William Keith Watkins |
| Death Penalty |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
23
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, )
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