11th Circuit OKs Georgia Man's Suit Asking for Death by

11th Circuit OKs Georgia Man’s Suit Asking for Death by Firing Squad Over Lethal Injection | Law.com Page Printed From:

https://www.law.com/2023/02/09/11th-circuit-oks-georgia-mans-suit-asking-for-death-by-firing-squad-over-lethal-injection/

Eleventh Circuit Court of Appeals Courthouse in Atlanta. (Photo: John Disney/ALM)

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The inmate has “stated a plausible claim for relief by arguing that his use of the anticonvulsant drug gabapentin for back pain would make his brain less responsive, or possibly unresponsive, to a drug used by Georgia for lethal injections,” wrote a three-judge circuit court panel.

February 09, 2023 at 01:16 PM

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The U.S. Court of Appeals for the Eleventh Circuit has ruled that a man on death row in Georgia can proceed with his lawsuit claiming that death by lethal injection would be cruel and unusual punishment and that a firing squad should be used instead.

In a decision made after the U.S. Supreme Court remanded the case back to the Eleventh Circuit, a three-judge panel said inmate Michael Wade Nance has stated a “plausible claim for relief” by arguing that his use of the anticonvulsant drug gabapentin for back pain would make his brain less responsive, or possibly unresponsive, to a drug used by Georgia for lethal injections called pentobarbital.

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11th Circuit OKs Georgia Man’s Suit Asking for Death by

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