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GETSY v. STRICKLAND

No. 08-4199.

577 F.3d 309 (2009)

Jason GETSY, Plaintiff-Appellant, v. Ted STRICKLAND, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 13, 2009.

Attorney(s) appearing for the Case

ARGUED: David C. Stebbins, Federal Public Defender's Office, Columbus, Ohio, for Appellant. Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellees. ON BRIEF: David C. Stebbins, Allen L. Bohnert, Federal Public Defender's Office, Columbus, Ohio, Michael J. Benza, The Law Office of Michael J. Benza, Chagrin Falls, Ohio, for Appellant. Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellees.

GILMAN, J., delivered the opinion of the court, in which MOORE, J., joined. MOORE, J. (pp. 314-16), delivered a separate concurring opinion. MERRITT, J. (pp. 317-20), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Jason Getsy was convicted of aggravated murder and sentenced to death in 1996. In 2007, he filed an intervenor complaint in a lawsuit brought under 42 U.S.C. § 1983 by fellow inmate Richard Cooey that challenged Ohio's lethal-injection protocol. After this court concluded that Cooey's challenge was time barred, see Cooey v. Strickland, 479 F.3d 412 (6th Cir.2007) (

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