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WILLIAMS v. HOBBS

Nos. 10-1573, 10-2899.

658 F.3d 842 (2011)

Marcel Wayne WILLIAMS, Petitioner/Appellant, v. Ray HOBBS, Interim Director, Arkansas Department of Correction, in his official capacity, Respondent/Appellee. Jack Harold Jones, Jr., Plaintiff/Appellant, Don William Davis; Alvin Bernal Jackson; Stacey Eugene Johnson; Kenneth Dewayne Williams; Jason Farrell McGehee; Bruce Earl Ward, Intervenor Plaintiffs/Appellants, v. Ray Hobbs, in his official capacity as Acting Director of the Arkansas Department of Correction, Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 7, 2011.

Attorney(s) appearing for the Case

Jennifer L. Molayem , AFPD, argued, Little Rock, AR, Josh Lee , Julie Pitt , Jeffrey M. Rosenzweig , Dale E. Adams , Deborah Ruth Sallings , AR Public Defender, Little Rock, AR, Joseph W. Luby , Jennifer Merrigan, Kansas City, MO, on the brief, for appellants.

Carmine Joseph Cordi, Jr. , AAG, argued, Little Rock, AR, for appellee.

Before LOKEN, BEAM, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Several Arkansas prisoners on death row challenged the state's Method of Execution Act (the Act) under 42 U.S.C. § 1983 arguing that it violates the ex post facto clause and their due process right to access the courts. The district court1 dismissed the prisoners' claims, finding that their arguments were merely speculative, that they had access to Arkansas's current execution protocol, and that they could submit...

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