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FIERRO v. GOMEZ

No. 94-16775.

77 F.3d 301 (1996)

David FIERRO; Alejandro Gilbert Ruiz; and Robert Alton Harris, as individuals and on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. James GOMEZ, as an individual and in his capacity as Director, California Department of Corrections; and Arthur Calderon, as an individual, and in his capacity as Warden of San Quentin Prison, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1996.

Attorney(s) appearing for the Case

Michael Laurence, American Civil Liberties Union Foundation of Northern California, Inc., San Francisco, California, and Warren E. George, McCutchen, Doyle, Brown & Enerson, San Francisco, California, for plaintiffs-appellees.

Dane R. Gillette, Deputy Attorney General, San Francisco, California, for defendants-appellants.

Constance de la Vega, San Francisco, CA, for Human Rights Advocates.

David Weissbrodt, Legal Counsel, Barbara Frey, Executive Director, Minneapolis, MN, for Minnesota Advocate for Human Rights.

Before: PREGERSON, BRUNETTI, and T.G. NELSON, Circuit Judges.

PREGERSON, Circuit Judge:

Plaintiffs, three California inmates sentenced to death, brought this action under 42 U.S.C. § 1983. The inmates alleged that California's method of execution, lethal gas, constitutes cruel and unusual punishment and thus violates the Eighth and Fourteenth Amendments of the federal Constitution. The United States District Court for the Northern District of California held that, to the extent that the statute provides for execution by...

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