Wellons v. Commissioner, GA DOC, et al., No. 14-12663 (11th Cir. 2014)Annotate this Case
Petitioner, scheduled to be executed by lethal injection, appealed from the district court's denial of his 42 U.S.C. 1983 action seeking a temporary restraining order, a stay of execution, a preliminary injunction, and a request for declaratory judgment. On the merits, the court concluded that petitioner's argument that the compounded pentobarbital may be defective or the personnel administering the execution may be untrained was insufficient to establish a substantial likelihood of success on the merits of his Eighth Amendment claim. The court rejected defendant's remaining claims, affirmed the judgment of the district court, and denied the stay of execution.