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JOHNSON v. HUTCHINSON

No. 21-1965.

44 F.4th 1116 (2022)

Stacey Eugene JOHNSON, Plaintiff-Appellant, Bruce Earl Ward, Plaintiff-Appellant, Don William Davis; Terrick Terrell Nooner, Plaintiffs-Appellants, Justin Anderson; Ray Dansby; Gregory DeCay; Kenneth Isom; Alvin Bernal Jackson; LaTavious Johnson; Timothy Wayne Kemp; Brandon E. Lacy; Zachariah Marcyniuk; Roderick Leshun Rankin; Andrew Sasser; Thomas Springs; Mickey Thomas, Intervenor Plaintiffs-Appellants, v. Asa HUTCHINSON, Governor of the State of Arkansas, in his official capacity; Dexter Payne, Director, Arkansas Division of Correction, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the appellants' brief was Kenton W. Freeman, Jr. , of Washington, DC. The following attorneys appeared on the appellant brief; John Charles Williams , AFPD, of Little Rock, AR., and Joseph Warden , of Wilmington, DE.

Counsel who presented argument on behalf of the appellees and appeared on the appellees' brief was Dylan L. Jacobs , Assistant Solicitor General, of Little Rock, AR. The following attorneys appeared on the appellee brief; Jennifer L. Merritt , Senior AAG, of Little Rock, AR., and Nicholas J. Bronni , Arkansas Solicitor General, of Little Rock, AR.

Before COLLOTON, KELLY, and KOBES, Circuit Judges.

Stacey Johnson and other death-row prisoners in Arkansas sued the governor and a corrections official, arguing that Arkansas's three-drug execution protocol violates the Eighth Amendment. After a bench trial, the district court* found that the prisoners failed to establish a violation, and denied...

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