Opinion by Judge T.G. NELSON; Dissent by Judge PREGERSON.
T.G. NELSON, Circuit Judge:
The three plaintiffs in this case, all California inmates sentenced to death, brought this action under 42 U.S.C. § 1983, alleging that California's method of execution, lethal gas, constitutes cruel and unusual punishment and thus violates the Eighth and Fourteenth Amendments of the Constitution. The district court held that, to the extent that the relevant California...
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