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BOOKER v. MURPHY

Civil Action No. 3:95-CV-49BN.

953 F.Supp. 756 (1997)

John Earl BOOKER, James Billiot, by his Next Friend Samuel Bice Johnson, Alvin Hill, Mack Arthur King, Howard Neal, by his Next Friend Samuel Reece Sheppard, Plaintiffs, v. J. Stewart MURPHY, as an Individual and in his Capacity as Commissioner, Mississippi Department of Corrections, and Ed Hargett, as an Individual and in his Capacity as Superintendent of the Mississippi State Penitentiary, at Parchman, Mississippi, and John Doe, as an Individual and in his Official Capacity as the Mississippi State Executioner, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

February 6, 1997.

Attorney(s) appearing for the Case

Robert B. McDuff, Robert B. McDuff, Attorney, Jackson, MS, David J. Utter, David J. Utter, Attorney, Clive A. Stafford-Smith, Louisiana Crisis Assistance Center, New Orleans, LA, for plaintiffs.

John L. Clay, Davis C. Scott, Jr., Norman V. Gillespie, Office of the Attorney General, Jackson, MS, Leonard Charlton Vincent, Mississippi Department of Corrections, Parchman, MS, for defendants.

OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on the Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56, or Alternatively, Motion for Stay filed by the Defendants. Having considered the Motion, the Plaintiffs' Opposition and Defendants' Rebuttal, the Court finds that the Motion should be granted in part and denied in part.

I. Factual Background and Procedural History

The...

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