United States Sixth Circuit

In a 42 U.S.C. section 1983 suit brought by a prisoner under a sentence of death against the governor of Ohio and a warden challenging the constitutionality of Ohio's lethal injection protocol, denial of a motion to dismiss the complaint is remanded with instructions to dismiss where the district court erred in ruling that the statute of limitations had not run on plaintiff's method-of-execution claim because it used an improper test for establishing the accrual date for section 1983 method-of-injection challenges.

Appellate Information

• Decided 03/02/2007
• Published 03/02/2007

Judges

• Before: SUHRHEINRICH, SILER, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael L. Collyer, Office of the Attorney General, Cleveland, Ohio, for Appellants.  Gregory W. Meyers, Public Defender's Office, Columbus, Ohio, for Appellee.   ON BRIEF:  Michael L. Collyer, Kelley A. Sweeney, Office of the Attorney General, Cleveland, Ohio, for Appellants.  Gregory W. Meyers, Kelly L. Culshaw, Kimberly S. Rigby, Public Defender's Office, Columbus, Ohio, for Appellee.