NOONER v. NORRIS

No. 08-2978.

594 F.3d 592 (2010)

Terrick Terrell NOONER, Appellant, Don William Davis; Jack Harold Jones, Jr., Intervenor Plaintiffs-Appellants, v. Larry NORRIS, in his official capacity as Director, Arkansas Department of Correction; Gaylon Lay, in his official capacity as Warden, Arkansas Department of Correction, Cummins Unit; Wendy Kelly, in her official capacity as Deputy Director for Health and Correctional Programs, Arkansas Department of Correction; John Byus, in his official capacity as Administrator, Correctional Medical Services, Arkansas Department of Correction; Does, 1-50, unknown executioners, in their official capacities as employees and/or agents of the Arkansas Department of Correction, Appellees, Frank Williams, Jr., Appellant, v. Larry Norris, in his official capacity as Director, Arkansas Department of Correction; Gaylon Lay, in his official capacity as Warden, Arkansas Department of Correction, Cummins Unit; Wendy Kelly, in her official capacity as Deputy Director for Health and Correctional Programs, Arkansas Department of Correction; John Byus, in his official capacity as Administrator, Correctional Medical Services, Arkansas Department of Correction; Does, 1-50, unknown executioners, in their official capacities as employees and/or agents of the Arkansas Department of Correction, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2010.


Attorney(s) appearing for the Case

Scott Braden, AFPD, argued, Jeffrey M. Rosenzweig, AFPD, E. Alvin Schay, AFPD, Julie Brain, AFPD, Little Rock, AR, for appellant.

Carmine Joseph Cordi, Jr., AAG, Little Rock, AR, for appellee.

Before MELLOY, GRUENDER and BENTON, Circuit Judges.


GRUENDER, Circuit Judge.

Terrick Terrell Nooner, Don William Davis, Jack Harold Jones and Frank Williams, Jr. (collectively, "the Inmates") were each convicted of capital murder in Arkansas. Their convictions have been affirmed, their petitions for post-conviction relief have been denied, and they await execution by the State of Arkansas. In this 42 U.S.C. § 1983 lawsuit against Larry Norris, Director of the Arkansas...

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