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EMMETT v. JOHNSON

No. 07-18.

532 F.3d 291 (2008)

Christopher Scott EMMETT, Plaintiff-Appellant, v. Gene M. JOHNSON, Director, Commonwealth of Virginia Department of Corrections; George M. Hinkle, Warden, Greensville Correctional Center; Loretta K. Kelly, Warden, Sussex I State Prison, Defendants-Appellees, and John Does 1-100, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 10, 2008.

Attorney(s) appearing for the Case

ARGUED: Matthew S. Hellman, Jenner & Block, Washington, D.C., for Appellant. Richard Carson Vorhis, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Jennifer L. Givens, Michele J. Brace, Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant. Robert F. McDonnell, Attorney General of Virginia, Richmond, Virginia, for Appellees.

Affirmed by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge SHEDD joined. Judge GREGORY wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

Christopher Scott Emmett brought this action under 42 U.S.C.A. § 1983 (West 2003), asserting that the Commonwealth of Virginia's method for lethal injection violates his right to be free of cruel and unusual punishment guaranteed by the Eighth Amendment to the United States Constitution. The district court granted summary judgment to the defendants. We affirm.

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