WARNER v. GROSS

No. 14-6244.

776 F.3d 721 (2015)

Charles F. WARNER, Benjamin R. Cole, by and through his next friend Robert S. Jackson, John M. Grant, and Richard E. Glossip, Plaintiffs-Appellants, James A. Coddington, Carlos Cuesta-Rodriguez, Nicholas A. Davis, Richard S. Fairchild, Wendell A. Grissom, Marlon D. Harmon, Raymond E. Johnson, Emmanuel A. Littlejohn, James D. Pavatt, Kendrick A. Simpson, Kevin R. Underwood, Brenda A. Andrew, Shelton D. Jackson, Phillip D. Hancock, Julius D. Jones, Alfred B. Mitchell, and Tremane Wood, Plaintiffs, v. Kevin J. GROSS, Michael W. Roach, Steve Burrage, Gene Haynes, Frazier Henke, Linda K. Neal, Earnest D. Ware, Robert C. Patton, Anita K. Trammell, Edward Evans, Hunit Section Chief X, and John Doe Executioners #1-10, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 12, 2015.


Attorney(s) appearing for the Case

Submitted on the briefs: Patti Palmer Ghezzi and Randy A. Bauman , Assistant Federal Public Defenders, Western District of Oklahoma, Oklahoma City, OH, and Mark Henricksen and Lanita Henricksen , Henricksen & Henricksen, Oklahoma City, OH, and Dale A. Baich and Robin C. Konrad , Assistant Federal Public Defenders, Phoenix, AZ, for Plaintiffs-Appellants.

John D. Hadden , Jeb E. Joseph , and Aaron J. Stewart , Assistant Attorneys General, Oklahoma Attorney General's Office, Oklahoma City, OH, for Defendants-Appellees.

Before BRISCOE, Chief Judge, GORSUCH and MATHESON, Circuit Judges.


Plaintiffs Charles Warner, Richard Glossip, John Grant, and Benjamin Cole, all Oklahoma state prisoners convicted of first degree murder and sentenced to death, were among a group of twenty-one Oklahoma death-row inmates who filed this 42 U.S.C. § 1983 lawsuit challenging the constitutionality of the State of Oklahoma...

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