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Circuit Affirms Summary Judgment for State Defendants in Delaware Lethal Injection Case

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

Jackson v. Danberg, No. 09-1925 and 09-2052 (Feb. 1, 2010). In a § 1983 class action challenging the constitutionality of lethal injection in Delaware, neither (1) Delaware?s record of errors in implementing its execution protocol, nor (2) the absence of a planned alternative to peripheral venous access, show a substantial risk of serious harm under the standard announced in Baze v. Rees. The District Court?s order of summary judgment for the state defendants is affirmed, and the stay of executions pending appeal is dissolved.In this long (47-page) opinion, the Third Circuit holds that the practice of lethal injection in Delaware is constitutional under Baze v. Rees, 553 U.S. 35 (2008). The Supreme Court held in Baze that the standard governing method-of-execution claims brought under § 1983 is whether the challenged practice poses a "substantial risk of serious harm" to the condemned prisoner...continue to full post

Full post as published by Third Circuit Blog on February 02, 2010 (boomark / email).