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THORSON v. EPPS

No. 11-60541.

701 F.3d 444 (2012)

Roger THORSON, Plaintiff-Appellant, v. Christopher EPPS, Commissioner of the Mississippi Department of Corrections; Lawrence Kelly, Superintendent of the Mississippi State Penitentiary at Parchman; Attorney General Jim Hood, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 14, 2012.

Attorney(s) appearing for the Case

James Lloyd Davis, III (argued), Law Office of Jim Davis, Gulfport, MS, for Plaintiff-Appellant.

Jason Lewis Davis , Asst. Atty. Gen. (argued), Jackson, MS, for Defendants-Appellees.

Before JONES, GARZA and PRADO, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Roger Thorson ("Thorson"), an inmate on death row at the Mississippi State Penitentiary in Parchman, Mississippi, challenges the district court's grant of summary judgment concerning his claim that Mississippi's lethal injection procedures violate his Eighth Amendment right to be free from cruel and unusual punishment. Because Baze v. Rees, 553 U.S. 35, 128 S.Ct. 1520, 170 L.Ed.2d 420 (2008),...

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