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1983 Action Deemed Successive Habeas Petition; Reversed by Supreme Court

Loaded on Dec. 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Habeas Corpus, Death Penalty. Location: Florida.

The Eleventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 action, alleging that death by lethal injection causes pain and unnecessary suffering that constitutes cruel and unusual punishment, is the "functional equivalent" of a habeas claim.

The ruling comes in an action by Florida death row prisoner ...

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