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BUCKLEW v. PRECYTHE

No. 17-3052.

883 F.3d 1087 (2018)

Russell BUCKLEW, Plaintiff-Appellant v. Anne L. PRECYTHE, Director of the Department of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 6, 2018.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Robert N. Hochman , of Chicago, IL. The following attorney(s) appeared on the appellant brief; Cheryl Ann Pilate , of Kansas City, MO, and Raechel J. Bimmerle , of Chicago, IL.

Counsel who presented argument on behalf of the appellee was Joshua Divine, of Jefferson City, MO. The following attorney(s) appeared on the appellee brief; Michael J. Spillane , AAG, of Jefferson City, MO.

Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.

The issue is whether the Eighth and Fourteenth Amendments, as applied, bar Missouri officials from employing a procedure that is authorized by Missouri statute to execute Russell Bucklew.

In March 2006, Bucklew stole a car; armed himself with pistols, handcuffs, and a roll of duct tape; and followed his former girlfriend...

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