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WHITAKER v. COLLIER

No. 16-20364.

862 F.3d 490 (2017)

Thomas WHITAKER; Perry Williams, Plaintiffs-Appellants, v. Bryan COLLIER; William Stephens; James Jones; Unknown Executioners, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 7, 2017.

Attorney(s) appearing for the Case

Bobbie Leigh Stratton , Valerie Anne Henderson , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Houston, TX, Maurie Levin, Philadelphia, PA, for Plaintiffs-Appellants.

Scott A. Keller , Solicitor, Matthew Hamilton Frederick , Deputy Solicitor General, Office of the Solicitor General for the State of Texas, Edward Larry Marshall , Matthew Dennis Ottoway , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Defendants-Appellees.

Before SMITH, PRADO, and GRAVES, Circuit Judges.

Thomas Whitaker and Perry Williams sued state officials under 42 U.S.C. § 1983 to challenge their method of execution under the First, Sixth, Eighth, and Fourteenth Amendments. Because the plaintiffs have not stated a claim on which relief can be granted, we affirm the dismissal of their complaint.

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