NOONER v. NORRIS

No. 06-2748.

491 F.3d 804 (2007)

Terrick Terrell NOONER, Appellee, Don William Davis, Intervenor-Appellee v. Larry NORRIS, in his official capacity as Director, Arkansas Department of Correction; Gaylon Lay, in his official capacity as Warden, Arkansas Department of Correction, Cummins Unit; Wendy Kelly, in her official capacity as Deputy Director of Health and Correctional Programs, Arkansas Department of Correction; John Byus, in his official capacity as Administrator, Correctional Medical Services, Arkansas Department of Correction; Does, 1-50, unknown executioners, in their official capacities as employees and/or agents of the Arkansas Department of Correction, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 9, 2007.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Kelly K. Hill, AAG of Little Rock, AR. Joseph V. Svoboda, AAG and Mark Hagemeier, AAG of Little Rock appeared on the brief.

Counsel who presented argument on behalf of the appellee was Julie Brain of Little Rock, AR. Alvin Schay and Deborah of Little Rock appeared on the brief.

Before COLLOTON, HANSEN, and GRUENDER, Circuit Judges.


HANSEN, Circuit Judge.

The district court granted Don William Davis a preliminary injunction staying his execution to permit him to litigate the constitutionality of Arkansas's lethal injection protocol in a suit brought pursuant to 42 U.S.C. § 1983. In this interlocutory appeal, see 28 U.S.C. § 1292(a)(1), the Appellants (collectively, "the State") contend that the district court abused its discretion in granting the preliminary injunction.

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