United States Sixth Circuit
Irick v. Ray, 10-6436
In a death-row inmate's 42 U.S.C. section 1983 suit, claiming that the state of Tennessee's lethal injection execution protocol violates the Eighth Amendment's prohibition against cruel and unusual punishment, district court's dismissal of the suit as time-barred by statute of limitations is affirmed as the district court properly applied Cooey II to determine that the statute of limitations began to run either in 1989 when the inmate's direct review process was final, or in 2000 when lethal injection became the presumptive method of execution in Tennessee.
Appellate Information
- Decided 12/15/2010
- Published 12/15/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- C. Eugene Shiles, Mark A. Hudson