Ledford, Jr. v. Commissioner, GA Department of Corrections, No. 17-12167 (11th Cir. 2017)Annotate this Case
The Eleventh Circuit denied J.W. Ledford, Jr.'s motion for an emergency stay of execution, holding that Ledford's 42 U.S.C. 1983 complaint challenging Georgia's method of execution was time-barred. The court further held that, even if the claims were not time-barred, Ledford's allegations and supporting documents did not establish a substantial risk of serious harm, much less a substantial likelihood of success on the merits of his claims; Ledford has not alleged sufficient facts to render it plausible that a firing squad was a feasible and readily implemented method of execution in Georgia that would significantly reduce a substantial risk of severe pain; and, under all the particular facts and circumstances of this case, Ledford failed to show that he has met the equitable requirements for a stay of execution.