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HARBISON v. LITTLE

No. 07-6225.

571 F.3d 531 (2009)

Edward Jerome HARBISON, Plaintiff-Appellee, v. George LITTLE, in his official capacity as Tennessee's Commissioner of Correction, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Joseph Frederick Whalen, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellants. Stephen M. Kissinger, Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee, for Appellee. ON BRIEF: Joseph Frederick Whalen, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellants. Stephen M. Kissinger, Dana Hansen Chavis, Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee, for Appellee.

SILER, J., delivered the opinion of the court, in which COOK, J., joined. CLAY, J. (pp. 539-41), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

Edward Jerome Harbison is a Tennessee prisoner under death sentence who has exhausted all appeals and was denied a writ of habeas corpus. In 2006, Harbison filed a complaint under 42 U.S.C. § 1983, challenging Tennessee's lethal injection protocol. The district court granted judgment in favor of Harbison, holding that the protocol violated the Eighth Amendment. The state defendants (State) appealed, relying on the Supreme...

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