United States Fifth Circuit

In proceedings brought by a death row inmate challenging the protocol for lethal injection in Mississippi, denial of injunctive relief and dismissal of his civil rights complaint, and an application for injunctive relief and a stay of execution, are affirmed and denied, respectively, as death-sentenced inmates may not wait until execution is imminent before filing an action to enjoin a state's method of carrying it out.

Appellate Information

• Decided 10/26/2007
• Published 10/29/2007

Judges

• PER CURIAM:, Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James William Craig, Phelps Dunbar, Jackson, MS, for Berry.


• For Appellees:
  
• Marvin L. White, Jr., Jackson, MS, for Defendants-Appellees.