Johnson v. Precythe, No. 17-2222 (8th Cir. 2018)Annotate this Case
The Eighth Circuit reversed the district court's dismissal of plaintiff's second amended complaint challenging the constitutionality of Missouri's method of execution as applied to him. The court held that plaintiff's allegations were sufficient to show a plausible allegation that the State's method of execution would cause him severe pain where the complaint and his expert's attached affidavit included factual allegations that a seizure will occur when the State injects pentobarbital and that such a seizure causes severe pain. Furthermore, plaintiff has alleged that execution by lethal gas was an alternative method of execution that was feasible, readily implemented, and would in fact significantly reduce a substantial risk of severe pain for plaintiff in his particular circumstances. Finally, the complaint was not barred by the statute of limitations. The panel remanded for further proceedings.