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U.S. Supreme Court Holds § 1983 Proper to Challenge Execution Procedure
Loaded on June 15, 2005
published in Prison Legal News
June, 2005, page 17
U.S. Supreme Court Holds § 1983 Proper to Challenge Execution ProcedureIn an extremely limited," unanimous decision, the United States Supreme Court held that an Alabama death row prisoner properly utilized 42 U.S.C. § 1983 to challenge a procedure to be utilized during his execution.
In 1979, David Nelson was ...
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More from this issue:
- Shocked and Stunned: The Growing Use of Tasers, by Anne-Marie Cusac
- $150,000 for Inadequate Oregon Sex Offender Supervision Resulting in Death of Child
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- Habeas Hints, by Kent A. Russell
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- California's Parole-Violator Cell-Study Education Program Portends Increase In Recidivism
- U.S. Supreme Court Holds § 1983 Proper to Challenge Execution Procedure
- ACLU-WA Challenges Washington Ex-Felon Disenfranchisement Law
- Mystified Felons Blamed In Washington Election Challenge
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- Florida Prison Uprising
- Fifth Circuit Holds Sleep Deprivation From Constant Illumination Constitutional
- $95,000 Settlement For Imprisonment Based On Falsified Police Report
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More from these topics:
- Oklahoma Prisoner’s Execution Was Expedited by the Trump Administration, Aug. 1, 2025. Death Penalty, Death Row, Lethal Injection.
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure, May 15, 2025. Costs, Death Penalty.
- Idaho Warden Bought Execution Drugs on Roadside, May 1, 2025. Medication, Death Penalty, Lethal Injection Method of Execution.
- South Carolina Conducts First U.S. Execution by Firing Squad in 15 Years, May 1, 2025. Death Penalty, Method of Execution.
- Texas Courts, Legislature at Odds over Executing Potentially Innocent Death Row Prisoner, May 1, 2025. Wrongful Conviction, Death Penalty/Death Row, Actual Innocence/Claim of Innocence, Opposition to the Death Penalty, Lethal Injection Method of Execution.

