MCGEHEE v. NEBRASKA DEPT. OF CORRECTIONAL SERVICES

No. 19-1770.

968 F.3d 899 (2020)

Jason Farrell MCGEHEE; Stacey Eugene Johnson; Bruce Earl Ward; Terrick Terrell Nooner; Don William Davis Plaintiffs-Appellees v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES Defendant-Appellant. State of Alabama; State of Arkansas; State of Georgia; State of Indiana; State of Louisiana; State of Idaho; State of Oklahoma; State of South Carolina; State of Texas; State of Utah; State of Missouri Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2020.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Ryan Post , AAG, of Lincoln, NE. The following attorney(s) appeared on the appellant brief; Ryan Post, AAG, of Lincoln, NE.

Counsel who presented argument on behalf of the appellee was Quinn Robert Eaton , of Omaha, NE. The following attorney(s) appeared on the appellee brief; Marnie Jensen , of Lincoln, NE., Quinn Robert Eaton, of Omaha, NE.

The following attorney(s) appeared on the amicus brief of States of Missouri, Alabama, Arkansas, Georgia, Idaho, Indiana, Louisiana, Oklahoma, South Carolina, Texas, and Utah; Dean John Sauer , AAG, of Jefferson City, MO., Gregory Michael Goodwin , AAG, of Jefferson City, MO.

Before KELLY, ERICKSON, and STRAS, Circuit Judges.


Appellees are Arkansas prisoners who are or were on death row for capital murder convictions. They commenced a lawsuit in the Eastern District of Arkansas alleging, among other claims, that Arkansas's method of execution violated the Eighth Amendment.1 In order to obtain support for their claim...

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