Nance v. Commissioner, Georgia Department of Corrections, No. 20-11393 (11th Cir. 2020)
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Plaintiff filed suit under 42 U.S.C. 1983, alleging that Georgia's lethal injection protocol, as applied to his unique medical situation, violates the Eighth Amendment and that the firing squad is a readily available alternative. At issue was whether a method-of-execution claim that would have the necessary effect of preventing the prisoner's execution should be brought as a civil rights action under section 1983, or as a petition for a writ of habeas corpus under 28 U.S.C. 2254.
The Eleventh Circuit vacated the district court's order dismissing the complaint as untimely and held that a section 1983 claim for relief that would prevent a state from executing a prisoner under present law must be reconstrued as a habeas petition. Because plaintiff's requested relief would prevent the State from executing him, implying the invalidity of his death sentence, it is not cognizable under section 1983 and must be brought in a habeas petition. Furthermore, because the petition is second or successive, the court vacated and remanded with instructions to dismiss for lack of jurisdiction. In this case, plaintiff did not move this court for permission to file his petition and thus the district court lacked jurisdiction.
The court issued a subsequent related opinion or order on April 20, 2021.
The court issued a subsequent related opinion or order on January 30, 2023.
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