Beardslee v. Woodford.U.S. Appeals Court LETHAL INJECTION Beardslee v. Woodford, 395 F.3d.1064 (9th Cir. 2005). A death row inmate filed a [section] 1983 action alleging that his execution pursuant to a state's lethal injection protocol would violate his Eighth Amendment right to be free from cruel and unusual punishment Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community. and his First Amendment right to freedom of speech. The district court denied the inmate's motion for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. and the inmate appealed. The appeals court affirmed, and the United States Supreme Court United States Supreme Court: see Supreme Court, United States. denied certiorari certiorari In law, a writ issued by a superior court for the reexamination of an action of a lower court. The writ of certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs . The appeals court held that the inmate failed to establish the likelihood that he would be sufficiently conscious during the administration of lethal drugs to experience pain. (California State Prison at San Quentin) |
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