Jordan v. Fisher, No. 15-60604 (5th Cir. 2016)
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Plaintiff and intervenor, prisoners awaiting execution in the state of Mississippi, filed suit under 42 U.S.C. 1983, seeking an injunction preventing the state from conducting executions with compounded pentobarbital. The district court granted a broad preliminary injunction. The court vacated and remanded, concluding that plaintiffs have not demonstrated a substantial likelihood of success on the merits of their claims where they have not established a liberty interest in the enforcement of Miss. Code Ann. 99-19-51 and they have not shown that Mississippi's alleged deviation from section 99-19-51 would shock the conscience. In this case, Mississippi’s sovereign immunity prevents a federal court from enjoining state officials to follow state law, and plaintiffs have not shown they are likely to succeed in establishing a violation of either their procedural or substantive due process
rights.
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