Gissendaner v. Commissioner, Georgia Dept. of Corrections, No. 15-10797 (11th Cir. 2015)
Annotate this CasePlaintiff-appellant Kelly Gissendaner was convicted for murdering her husband, for which she was sentenced to death by lethal injection. She filed a 42 U.S.C. 1983 lawsuit alleging Georgia's method of execution violated the Eighth Amendment's prohibition on cruel and unusual punishment. After a hearing, the district court denied plaintiff's request for a temporary restraining order, and dismissed her complaint for failing to state a claim for relief. She appealed that judgment. After review, the Eleventh Circuit concluded the district court did not err in arriving at its decision, and affirmed.
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