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- Title
THE UNREALIZED PROMISE OF SECTION 1983 METHOD-OF-EXECUTION CHALLENGES.
- Authors
Montgomery, Liam J.
- Abstract
The article focuses on the lethal injection protocol under 42 U.S. Code Section 1983, the central cause of action in federal civil rights litigation in the U.S. It relates the U.S. Supreme Court and federal courts refusal to hear the challenge of Angel Diaz, who was executed by lethal injection that caused him to suffer for over a 34 minute period. Due to the failure of courts to hear the method-of-execution challenges, the Section 1983 played little role in capital post-conviction litigation. At the same time, the Supreme Court and U.S. Congress developed labyrinthine rules and limitations to channel capital habeas corpus litigation, rules that have made such litigation difficult, and in some cases caused successive petitions almost impossible.
- Subjects
UNITED States; LETHAL injection (Execution); CONSTITUTIONAL law cases; STATE action (Civil rights); DIAZ, Angel; UNITED States. Supreme Court; HABEAS corpus; ACTIONS &; defenses (Law); CAPITAL punishment; POSTCONVICTION remedies
- Publication
Virginia Law Review, 2008, Vol 94, Issue 8, p1987
- ISSN
0042-6601
- Publication type
Article