Read Walker v. Epps, 0860652

In an Eight Amendment challenge to lethal injection as the method of execution for two death-row inmates, rulings that the applicable statute of limitations barred plaintiffs' section 1983 action and grant of summary judgment to defendant are affirmed where: 1) under Wilson v. Garcia, the statute of limitations apply with equal force to section 1983 method-of-execution action; 2) the limitations period begins to accrue on the date direct review of a plaintiff-s conviction and sentence is complete; 3) the district court correctly found that the statute of limitations has run for each of the three remaining plaintiffs; and 4) there was no reason to hold that the statute of limitations has been tolled.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Court

• United States Fifth Circuit

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