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IRICK v. RAY

No. 10-6436.

628 F.3d 787 (2010)

Billy R. IRICK, Plaintiff-Appellant, v. Gayle RAY, in her official capacity as Tennessee's Commissioner of Correction; Ricky J. Bell, in his official capacity as warden of Riverbend Maximum Security Institution; Reuben Hodge, Warden, in his official capacity as Deputy Commissioner of Tennessee Department of Correction; Mark H. Luttrell, Jr., in his official capacity as Assistant Commissioner of Operations; John Doe Physicians 1-100; John Doe Pharmacists 1-100; John Doe Medical Personnel 1-100; John Doe Executioners 1-100; John Does 1-100, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

December 15, 2010.

Attorney(s) appearing for the Case

ON BRIEF: C. Eugene Shiles , Spears, Moore, Rebman & Williams, Chattanooga, Tennessee, for Appellant. Mark A. Hudson , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees.

BATCHELDER, C.J., delivered the opinion of the court, in which SILER, J., joined. GILMAN, J. (pp. 789-90), delivered a separate concurring opinion.

OPINION

ALICE M. BATCHELDER, Chief Judge.

Plaintiff-Appellant Billy Ray Irick, a Tennessee death-row prisoner represented by counsel, appeals the district court's judgment denying his 42 U.S.C. § 1983 claim alleging that the state of Tennessee's lethal injection execution protocol violates the Eighth Amendment's prohibition against cruel and unusual punishment.1 The district court dismissed Plaintiff's claim, finding that...

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