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McNAIR v. ALLEN

No. 08-10100.

515 F.3d 1168 (2008)

Willie McNAIR, Plaintiff-Counter-Defendant, James Callahan, Plaintiff-Counter-Defendant-Appellee, v. Richard ALLEN, Commissioner, Alabama Department of Corrections, individually and in his official capacity, Grantt Culliver, Warden, Holman Correctional Facility, in his individual and official capacity, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 29, 2008.

Attorney(s) appearing for the Case

J. Clayton Crenshaw, Montgomery, AL, for Culliver.

Stephanie Lynn Cohen, Heather K. McDevitt, Vincent R. Fitzpatrick, Jr., White & Case, LLP, New York CIty, for Callahan.

Before TJOFLAT, BLACK and WILSON, Circuit Judges.

BLACK, Circuit Judge:

James Callahan is an Alabama death row inmate scheduled for execution on January 31, 2008. On October 11, 2006, Callahan filed an action under 42 U.S.C. § 1983, contending the method of execution chosen by the State of Alabama constitutes cruel and unusual punishment in violation of the Eighth Amendment. Finding Callahan's case had a significant possibility of succeeding on its merits, the district court entered a stay of execution on December...

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