United States Eleventh Circuit

In a 42 U.S.C. section 1983 action seeking to enjoin Alabama's lethal injection method of capital punishment, dismissal of the complaint is affirmed where plaintiff unreasonably delayed in filing the action because he knew, or should have known, when the suit was filed that an execution date would likely be set and come before the case could be litigated fully, unless a stay of execution was granted or the litigation was expedited.

Appellate Information

• Decided 07/30/2009
• Published 07/30/2009

Judges

• PER CURIAM:, Before EDMONDSON, MARCUS and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Matthew John Hank and Andrew E. Kantra, Pepper Hamilton LLP, Philadelphia, PA, for Plaintiff-Appellant.


• For Appellees:
  
• J. Clayton Crenshaw and Jasper Beroujon Roberts, Jr., Montgomery, AL, for Defendants-Appellees.