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NELSON v. CAMPBELL

No. 03-6821.

541 U.S. 637 (2004)

NELSON v. CAMPBELL, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, ET AL.

Supreme Court of United States.

Decided May 24, 2004.

Attorney(s) appearing for the Case

Bryan A. Stevenson argued the cause for petitioner. With him on the briefs were Michael Kennedy McIntyre, by appointment of the Court, 540 U.S. 1102, H. Victoria Smith, and LaJuana Davis.

Kevin C. Newsom, Solicitor General of Alabama, argued the cause for respondents. With him on the brief were Richard F. Allen, Acting Attorney General, and Michael B. Billingsley, Deputy Solicitor General.*

O'CONNOR, J., delivered the opinion for a unanimous Court.

JUSTICE O'CONNOR delivered the opinion of the Court.

Three days before his scheduled execution by lethal injection, petitioner David Nelson filed a civil rights action in District Court, pursuant to Rev. Stat. § 1979, 42 U. S. C. § 1983, alleging that the use of a "cut-down" procedure to access his veins would violate the Eighth Amendment. Petitioner, who had already filed one unsuccessful federal habeas application, sought a stay of execution so that the...

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