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BARBER v. GOVERNOR OF ALABAMA

No. 23-12242 Non-Argument Calendar.

73 F.4th 1306 (2023)

James Edward BARBER, Plaintiff-Appellant, v. GOVERNOR OF the State of ALABAMA, Commissioner, Alabama Department of Corrections, Warden, Holman Correctional Facility, Attorney General, State of Alabama, John Doe 1, John Doe 2, John Doe 3, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: July 19, 2023.

Attorney(s) appearing for the Case

Paula W. Hinton , Winston & Strawn LLP, Houston, TX, Benjamin R. Brunner , Kelly J. Huggins , Mara Klebaner , Stephen Spector , Sidley Austin, LLP, Chicago, IL, Joshua J. Fougere , Jeffrey T. Green , Sidley Austin, LLP, Washington, DC, for Plaintiff-Appellant.

Richard Anderson , Henry M. Johnson , Lauren Ashley Simpson , Alabama Attorney General's Office, Montgomery, AL, for Defendants-Appellees.

Before Jill Pryor, Branch, and Luck, Circuit Judges.

James Edward Barber is an Alabama death row inmate scheduled to be executed by lethal injection on July 20, 2023. On May 25, 2023, Barber filed a 42 U.S.C. § 1983 complaint asserting that the manner in which Alabama executes its lethal injection protocol violates the Eighth Amendment's prohibition against cruel and unusual...

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