Taylor v. Dunn et al (DEATH PENALTY)

Plaintiff: Michael Shannon Taylor
Defendant: Jefferson Dunn and Cynthia Stewart
Case Number: 2:2017cv00046
Filed: January 24, 2017
Court: Alabama Middle District Court
Office: Montgomery Office
County: Escambia
Referring Judge: Susan Russ Walker
Presiding Judge: William Keith Watkins
Nature of Suit: Death Penalty
Cause of Action: 42:1983
Jury Demanded By: None

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Date Filed#Document Text
November 21, 2017 23 Opinion or Order of the Court 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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Plaintiff: Michael Shannon Taylor
Represented By: Spencer Jay Hahn
Represented By: John Anthony Palombi
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Defendant: Jefferson Dunn
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Defendant: Cynthia Stewart
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