JORDAN v. FISHER

No. 15-60604.

813 F.3d 216 (2016)

Richard JORDAN; Ricky Chase, Plaintiffs-Appellees, Thomas Edwin Loden, Jr., Intervenor-Appellee, v. Commissioner Marshall L. FISHER, Commissioner, Mississippi Department of Corrections, in his Official Capacity; Superintendent Earnest Lee, Superintendent, Mississippi State Penitentiary, in his Official Capacity; The Mississippi State Executioner, in his Official Capacity; Unknown Executioners, in their Official Capacities, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 10, 2016.


Attorney(s) appearing for the Case

James W. Craig (argued), Emily M. Washington , Roderick & Solange MacArthur Justice Center, New Orleans, LA, for Plaintiffs-Appellees.

Jason Lewis Davis, Esq. , Assistant Attorney General, Paul Eldridge Barnes, Esq. (argued), Wilson Douglas Minor, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Mississippi, Jackson, MS, for Defendants-Appellants.

Stacy Leah Ferraro , Capital Defense Counsel, Jackson, MS, for Intervenor-Appellee.

Before HIGGINBOTHAM, OWEN, and ELROD, Circuit Judges.


Plaintiffs Richard Jordan and Ricky Chase and Intervenor Thomas Loden are prisoners awaiting execution in the state of Mississippi. They sued under § 1983 in federal district court seeking an injunction preventing the state from conducting executions with compounded pentobarbital. The district court granted...

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