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ARTHUR v. THOMAS

No. 11-15548.

674 F.3d 1257 (2012)

Thomas D. ARTHUR, Plaintiff-Appellant, v. Kim Tobias THOMAS, Interim Commissioner, Alabama Department of Corrections in his official capacity, Anthony Patterson, Warden, Holman Correctional Facility in his official capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 21, 2012.

Attorney(s) appearing for the Case

Suhana Han , Meredith Calandra , Henry C. Quillen , Jordan Toumey Razza , Sullivan & Cromwell, LLP, New York City, for Plaintiff-Appellant.

James Clayton Crenshaw , Thomas R. Govan, Jr. , Stephanie Reiland , Alabama Attorney General's Office, Montgomery, AL, for Defendant-Appellee.

Before BARKETT, HULL and WILSON, Circuit Judges.

PER CURIAM:

Thomas D. Arthur, an Alabama state prisoner sentenced to death, appeals the dismissal of his 42 U.S.C. § 1983 complaint alleging that Alabama's method of executing inmates by lethal injection violates the Eighth and Fourteenth Amendments to the U.S. Constitution and the separation of powers required by Article III of the Alabama Constitution. Arthur's execution is currently scheduled to take place on March 29, 2012.

Arthur instituted this...

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