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MIDDLEBROOKS v. PARKER

No. 20-5419.

15 F.4th 784 (2021)

Donald Ray MIDDLEBROOKS, Plaintiff-Appellant, v. Tony PARKER, in his official capacity as Tennessee's Commissioner of Correction; Tony Mays, in his official capacity as Warden of Riverbend Maximum Security Institution, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 15, 2021.

Attorney(s) appearing for the Case

ARGUED: Richard Lewis Tennent , OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, Nashville, Tennessee, for Appellant. Miranda Jones , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee. ON BRIEF: Richard Lewis Tennent , Kelley J. Henry , James O. Martin, III , Amy D. Harwell , Katherine Dix , OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE MIDDLE DISTRICT OF TENNESSEE, Nashville, Tennessee, for Appellant. Miranda Jones , Scott Sutherland , Rob Mitchell , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee.

Before: MOORE, CLAY, and WHITE, Circuit Judges.

OPINION

Donald Ray Middlebrooks appeals the district court's order dismissing, as barred by res judicata, his 42 U.S.C. § 1983 action asserting facial and as-applied challenges to the constitutionality of Tennessee's lethal-injection protocol. We AFFIRM IN

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