United States Fifth Circuit

In a 42 U.S.C. section 1983 case brought by an inmate convicted of capital murder challenging Texas's lethal injection execution method on Eight Amendment grounds, dismissal of the suit with prejudice for want of standing is affirmed in part where the district court correctly found that the Consul General could not sue as the inmate's next friend, but modified as to the remedy as the district court abused its discretion by not affording plaintiffs an opportunity to offer substitution.

Appellate Information

• Decided 06/16/2006
• Published 06/19/2006

Judges

• BENAVIDES, Circuit Judge:, Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David R. Dow, Jared Tyler, University of Houston Law Center, Houston, TX, Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, WA, for Magallon.


• For Appellees:
  
• Edward Larry Marshall, Austin, TX, for Defendants-Appellants.