McGEHEE v. NEBRASKA DEPT. OF CORRECTIONAL SERVICES

No. 19-1770.

987 F.3d 785 (2021)

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; State of Arizona; State of Kansas; State of Kentucky; State of Mississippi; State of Ohio; State of South Dakota, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: February 10, 2021.


Attorney(s) appearing for the Case

Marnie Jensen , Husch & Blackwell, Lincoln, NE, Michael T. Raupp , Husch & Blackwell, Kansas City, MO, for Plaintiffs-Appellees.

Jason Farrell McGehee, Varner Correctional Facility, Grady, AR, Pro Se.

Stacey Eugene Johnson, Arkansas Department of Corrections-Varner, Grady, AR, Pro Se.

Bruce Earl Ward, Arkansas Department of Corrections-Varner, Grady, AR, Pro Se.

Terrick Terrell Nooner, Arkansas Department of Corrections-Varner, Grady, AR, Pro Se.

Don William Davis, Arkansas Department of Corrections-Varner, Grady, AR, Pro Se.

Ryan Post , Assistant Attorney General, Attorney General's Office, Lincoln, NE, for Defendant-Appellant.

Gregory Michael Goodwin , Assistant Attorney General, Dean John Sauer , Attorney General's Office, Jefferson City, MO, for Amici on Behalf of State of Alabama, State of Arkansas, 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.

Gregory Michael Goodwin , Assistant Attorney General, Jefferson City, MO, for Amici on Behalf of State of Arizona, State of Kansas, State of Kentucky, State of Mississippi, State of Ohio, State of South Dakota.

Dean John Sauer , Attorney General's Office, Jefferson City, MO, for Amicus on Behalf of State of Georgia.

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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