Arthur v. Thomas, et al., No. 11-15548 (11th Cir. 2012)
Annotate this CasePlaintiff, an Alabama state prisoner sentenced to death, appealed the dismissal of his 42 U.S.C. 1983 complaint alleging that Alabama's method of executing inmates by lethal injection violated the Eighth and Fourteenth Amendments to the U.S. Constitution and the separation of powers required by Article III of the Alabama Constitution. The court held that the district court committed reversible error in dismissing plaintiff's Eighth Amendment claim without any opportunity for factual development, including discovery between the parties. The court also held that the district court erred in dismissing plaintiff's Equal Protection claim at this stage of the proceedings and remanded for further factual development. Accordingly, the court reversed and remanded with instructions.
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