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''Hill v. McDonough'', 547 U.S. 573 (2006), was a
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case challenging the use of
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
as a form of
execution Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
in the state of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
. The Court ruled unanimously that a challenge to the method of execution as violating the
Eighth Amendment to the United States Constitution The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...
properly raised a claim under 42 U.S.C. § 1983, which provides a cause of action for civil rights violations, rather than under the ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' provisions. Accordingly, that the prisoner had previously sought ''habeas'' relief could not bar the present challenge.


Factual background

In 1983, Clarence E. Hill was convicted of the murder of a
Pensacola, Florida Pensacola () is the westernmost city in the Florida Panhandle, and the county seat and only incorporated city of Escambia County, Florida, United States. As of the 2020 United States census, the population was 54,312. Pensacola is the principal c ...
police officer, and subsequently sentenced to death in 1985, in the
Florida Supreme Court The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
case of ''Hill v. State''. At a resentencing hearing in 1986, Hill's death sentence was reinstated, this time being upheld by the
Florida Supreme Court The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
. In November 1989, a warrant for Hill's execution was signed by then Governor Robert Martinez, after which Hill sought postconviction relief in both the
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
state courts and the
U.S. District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
. In 1992, Hill's relief was granted when it was ruled that the
Florida Supreme Court The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
as well as Hill's trial court had not properly reevaluated the aggravating factors warranting a death sentence when one of them was vacated. In ''Hill v. State'', the
Florida Supreme Court The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
, having sufficiently reweighed the
mitigating factor In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sent ...
s, resentenced Hill to death. Hill then sought federal
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
relief, which was first denied by the
U.S. District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
, then affirmed by the Eleventh Circuit Court of Appeals.


Lethal injection in Florida

In January 2000, the
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
legislature amended its state statutes changing the prescribed method of
execution Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
from
electrocution Electrocution is death or severe injury caused by electric shock from electric current passing through the body. The word is derived from "electro" and "execution", but it is also used for accidental death. The term "electrocution" was coined ...
to
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
, unless the person sentenced to death affirmatively elects to be executed by electrocution. The precise authority by which lethal injection was to be carried out was left to the
Florida Department of Corrections The Florida Department of Corrections operates state prisons in the U.S. state of Florida. It has its headquarters in Florida's capital of Tallahassee. The Florida Department of Corrections operates the third largest state prison system in the ...
. The Florida Department of Corrections does not publish its information about
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
, and so the only source available describing Florida's use of the
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
comes from ''Sims v. State'', which indicated that the
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
was carried out by first administering
sodium thiopental Sodium thiopental, also known as Sodium Pentothal (a trademark of Abbott Laboratories), thiopental, thiopentone, or Trapanal (also a trademark), is a rapid-onset short-acting barbiturate general anesthetic. It is the thiobarbiturate analog of p ...
, an
anesthetic An anesthetic (American English) or anaesthetic (British English; see spelling differences) is a drug used to induce anesthesia ⁠— ⁠in other words, to result in a temporary loss of sensation or awareness. They may be divided into two ...
, then
pancuronium bromide Pancuronium (trademarked as Pavulon) is an aminosteroid muscle relaxant with various medical uses. It is used in euthanasia and is used in some states as the second of three drugs administered during lethal injections in the United States. Mech ...
, which paralyzes the
lungs The lungs are the primary organs of the respiratory system in humans and most other animals, including some snails and a small number of fish. In mammals and most other vertebrates, two lungs are located near the backbone on either side of th ...
, and followed lastly by
potassium chloride Potassium chloride (KCl, or potassium salt) is a metal halide salt composed of potassium and chlorine. It is odorless and has a white or colorless vitreous crystal appearance. The solid dissolves readily in water, and its solutions have a sa ...
, which inflicts
cardiac arrest Cardiac arrest is when the heart suddenly and unexpectedly stops beating. It is a medical emergency that, without immediate medical intervention, will result in sudden cardiac death within minutes. Cardiopulmonary resuscitation (CPR) and possi ...
.


Lower court proceedings

On November 29, 2005,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
Governor
Jeb Bush John Ellis "Jeb" Bush (born February 11, 1953) is an American politician and businessman who served as the 43rd governor of Florida from 1999 to 2007. Bush, who grew up in Houston, was the second son of former President George H. W. Bush a ...
signed a warrant for Hill's execution, which was to be carried out on January 24, 2006. Upon the signing of his death warrant, Hill requested information from the
Department of Corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...
regarding the specific methods by which
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
were carried out. ''Sims v. State'' permitted the
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
Department of Corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...
to change its procedures for carrying out the
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
as it saw fit, and Hill sought to find out how those procedures had changed, if at all. The
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
Department of Corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...
refused to comply with Hill's request.


Florida state courts

Because the information in ''Sims v. State'' seemed to suggest the possibility of causing great bodily harm, Hill filed, on December 15, 2005, a petition for postconviction relief in the state of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
and requested an evidentiary hearing to investigate whether or not the state's
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
did, in fact, cause bodily harm. The Circuit Court for Escambia County denied Hill's motions for postconviction relief and for an evidentiary hearing. Hill then appealed to the
Florida Supreme Court The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
on January 3, 2006. On January 17, 2006, Florida's High Court affirmed.


U.S. District Court for the Middle District of Florida

Three days later, on January 20, Hill filed suit in the
U.S. District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
for the Middle District of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
under 42 U.S.C. 1983, challenging that Florida's
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
would cause great bodily harm in violation of his Eighth and Fourteenth Amendment rights. Hill requested an injunction barring his execution until his claims could be judged upon as well as a permanent injunction barring the
Department of Corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...
from utilizing the
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punis ...
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
. Hill did not, however, challenge his death sentence. The next day, the
U.S. District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
denied Hill's petition, contending that standing case law was clear on the matter of jurisdiction. Under ''Robinson v. Crosby'' and ''In re Provenzano'', the District Court held that Hill's claim was the same as a petition for
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
, and, as a result, was required to be dismissed because Hill had not filed a habeas petition under 28 U.S.C. 2244(b).


Eleventh Circuit Court of Appeals

With Hill's execution approaching fast, Hill filed an emergency appeal to the Eleventh Circuit Court of Appeals, which, on the day of Hill's execution, affirmed the
U.S. District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
. They agreed with the lower court that Hill's suit was, in fact, a
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
petition, and the District Court was right to dismiss.


Certiorari granted

The same day, Hill petitioned the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
for
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
and requested a stay of execution.
Justice Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Preside ...
granted a temporary stay, which was followed up the next day by a granting of
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
from the entire Court and a full stay of execution.


Parties and counsel


Petitioner

The
petitioner {{Unreferenced, date=December 2009 A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition. In the courts The petitioner may seek a legal remedy if the state or anot ...
in ''Hill v. McDonough'' is Clarence Edward Hill. In the lower courts, Hill is also the plaintiff-
appellant In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
.


Respondents

In the lower courts, the
respondent {{unreferenced, date=February 2012 A respondent is a person who is called upon to issue a response to a communication made by another. The term is used in legal contexts, in survey methodology, and in psychological conditioning. Legal usage In ...
s in ''Hill v. McDonough'' were James V. Crosby, Jr., the
Secretary A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
of the
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
Department of Corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...
, and
Charlie Crist Charles Joseph Crist Jr. (; born July 24, 1956) is an American attorney and politician who served as the 44th governor of Florida from 2007 to 2011 and as the U.S. representative for from 2017 to 2022. Crist has been a member of the Democratic ...
, the
Attorney General of Florida The Florida attorney general is an elected cabinet official in the U.S. state of Florida. The attorney general serves as the chief legal officer of the state and is head of the Florida Department of Legal Affairs. The office is one of Florida's ...
. In the lower courts, both Crosby and Crist were
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
s-
appellant In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s. Since the lower court rulings, James V. Crosby, Jr. has been replaced by James R. McDonough, the interim
Secretary A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
of the
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
Department of Corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...
. Hill has amended his suit to include McDonough and exclude Crosby. Crist remains as a
respondent {{unreferenced, date=February 2012 A respondent is a person who is called upon to issue a response to a communication made by another. The term is used in legal contexts, in survey methodology, and in psychological conditioning. Legal usage In ...
.


Counsel

Hill's counsel of record is D. Todd Doss of Lake City, FL. Assisting him in the appeal are Donald B. Verrilli, Jr.,
Ian Heath Gershengorn Ian Heath Gershengorn (born February 21, 1967) is an American lawyer and former acting Solicitor General of the United States under President Barack Obama. Early life and education Born in New York, New York and raised outside of Boston, Gersh ...
, and Eric Berger, all of whom are from
Jenner & Block Jenner & Block is an American law firm with offices in Chicago, London, Los Angeles, New York City, San Francisco, and Washington, D.C. The firm is active in corporate litigation, business transactions, the public sector, and other legal fields ...
LLP. John Abatecola, a private attorney from Sunrise, FL, is also assisting. McDonough and Crist's attorney of record is Carolyn M. Snurkowski, the Assistant Deputy
Attorney General of Florida The Florida attorney general is an elected cabinet official in the U.S. state of Florida. The attorney general serves as the chief legal officer of the state and is head of the Florida Department of Legal Affairs. The office is one of Florida's ...
. Charlie Crist is also assisting.


Counsel ''Amicus Curiae''

'' Amicus Curiae'' for Hill are Human Rights Advocates,
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ri ...
, and the Minnesota Advocates for Human Rights. They are represented by Constance de La Vega, Professor of Law at the
University of San Francisco The University of San Francisco (USF) is a private Jesuit university in San Francisco, California. The university's main campus is located on a setting between the Golden Gate Bridge and Golden Gate Park. The main campus is nicknamed "The Hil ...
, whose office is at the Frank C. Newman International Human Rights Law Clinic. Assisting is
David Weissbrodt David S. Weissbrodt (October 13, 1944 – November 11, 2021) was an American legal scholar. He was Regents Professor Emeritus and Fredrikson & Byron Professor of Law Emeritus at the University of Minnesota Law School. Biography Weissbrodt was ...
, a Regents Professor as well as a Frederickson & Byron Professor of Law at the
University of Minnesota The University of Minnesota, formally the University of Minnesota, Twin Cities, (UMN Twin Cities, the U of M, or Minnesota) is a public land-grant research university in the Twin Cities of Minneapolis and Saint Paul, Minnesota, United States. T ...
. '' Amicus Curiae'' for McDonough and Crist are the Solicitor General’s Office, the
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
’s Office, and the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
. They are represented by
Paul D. Clement Paul Drew Clement (born June 24, 1966) is an American lawyer who served as U.S. Solicitor General from 2004 to 2008 and is known for his advocacy before the U.S. Supreme Court. He established his own law firm, Clement & Murphy, in 2022 after l ...
, the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
Solicitor General. Assisting him are Assistant Attorney General
Alice S. Fisher Alice Stevens Fisher (born January 27, 1967) is an American lawyer and partner at the Washington, D.C. office of Latham & Watkins LLP. Fisher served as Deputy United States Assistant Attorney General for the Criminal Division from 2001 to 2003 ...
, Deputy Solicitor General Gregory G. Garre, Assistant to the Solicitor General Kannon K. Shanmugam, and Department of Justice Attorney Robert J. Erickson.


Briefs of the petitioner and respondent

In Hill's brief to the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, two questions are presented:


Question One

''1. Whether a complaint brought under 42 U.S.C. § 1983 by a death-sentenced state prisoner, who seeks to stay his execution in order to pursue a challenge to the chemicals utilized for carrying out the execution, is properly recharacterized as a habeas corpus petition under 28 U.S.C. § 2254.''


Hill's brief

By invoking 42 U.S.C. 1983, Hill argues that the procedures for carrying out lethal injection as prescribed by the
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
Department of Corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...
are intended to violate his Eighth Amendment right against
cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdi ...
. The Eleventh Circuit's dismissal of his petition, Hill argues, fails to adjudicate his Eighth Amendment claim, and, accordingly, requests the Eleventh Circuit's ruling be reversed.


Government's brief

The government contends that, because the end result of Hill's suit is to challenge a death sentence, the claim must be filed under the 28 U.S.C. 2254 habeas statute, under which such challenges are supposed to be filed. Accordingly, the government requests the Eleventh Circuit's ruling be affirmed.


Hill's rebuttal brief

Hill rebuts the government by saying that habeas claims under 28 U.S.C. 2254 are reserved for challenges for the death penalty as a whole, whereas challenges for the specific method of execution should be controlled by 42 U.S.C. 1983. Accordingly, Hill requests the Eleventh Circuit's ruling be reversed.


Question Two

''2. Whether, under this Court’s decision in Nelson, a challenge to a particular protocol the State plans to use during the execution process constitutes a cognizable claim under 42 U.S.C. § 1983.''


=Hill's brief

= Citing ''Nelson v. Campbell'', Hill argues that, because his petition is only challenging the method by which the state of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to th ...
intends to execute him, and not the death sentence itself, the Court is required to entertain his petition, and, accordingly, requests the Eleventh Circuit's ruling be reversed.


=Government's brief

= The government challenges Hill's reading of ''Nelson'', contending that claims under 42 U.S.C. 1983 are only cognizable if a habeas challenge has been entertained. Accordingly, the government requests the Eleventh Circuit's ruling be affirmed.


=Hill's rebuttal brief

= Hill rebuts the government by saying that ''Nelson'' controls so long as a claim under 42 U.S.C. 1983 is specific to the method of the execution and not the sentence itself. Accordingly, Hill requests the Eleventh Circuit's ruling be reversed.


The court's decision

The
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
handed down its decision on June 12, 2006.


See also

* List of United States Supreme Court cases, volume 547 *
List of United States Supreme Court cases This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief J ...


References


External links

* * Text o
42 U.S.C. §1983
courtesy of the Legal Information Institute at Cornell Law School
Appeal from the United States District Court for the Northern District of Florida (PDF)

Hill's Petition for a Writ of Certiorari to the Eleventh Circuit Court of Appeals (PDF)

Certiorari Granted (PDF)

Brief for the Petitioner (PDF)

Respondent's Brief on the Merits (PDF)

Reply Brief for Petitioner (PDF)

Brief Amici Curiae of Human Rights Advocates, Human Rights Watch, and Minnesota Advocates for Human Rights in Support of Petitioner (PDF)

Brief for the United States as Amicus Curiae Supporting Respondents (PDF)


{{US8thAmendment, punishment 2006 in United States case law Capital punishment in Florida Cruel and Unusual Punishment Clause and death penalty case law United States Supreme Court cases United States Supreme Court cases of the Roberts Court