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JORDAN v. FISHER

No. 15-60604.

823 F.3d 805 (2016)

Richard JORDAN; Ricky Chase, Plaintiffs-Appellees, Thomas Edwin Loden, Jr., Intervenor-Appellee, v. Commissioner Marshall L. FISHER, Commissioner, Mississippi Department of Corrections, in his Official Capacity; Superintendent Earnest Lee, Superintendent, Mississippi State Penitentiary, in his Official Capacity; The Mississippi State Executioner, in his Official Capacity; Unknown Executioners, in their Official Capacities, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Revised June 27, 2016.

Attorney(s) appearing for the Case

James W. Craig (argued), Emily M. Washington , Roderick & Solange MacArthur Justice Center, New Orleans, LA, for Plaintiffs-Appellees.

Jason Lewis Davis, Esq. , Assistant Attorney General, Paul Eldridge Barnes, Esq. (argued), Wilson Douglas Minor, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Mississippi, Jackson, MS, for Defendants-Appellants.

Stacy Leah Ferraro , Capital Defense Counsel, Jackson, MS, for Intervenor-Appellee.

Before HIGGINBOTHAM, OWEN, and ELROD, Circuit Judges.

We hereby withdraw our previous opinion of February 10, 2016 and substitute the following.1

Plaintiffs Richard Jordan and Ricky Chase and Intervenor Thomas Loden are prisoners awaiting execution in the state of Mississippi. They sued under § 1983 in federal district...

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