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WEST v. SCHOFIELD

No. M2011-00791-COA-R3-CV.

380 S.W.3d 105 (2012)

Stephen Michael WEST, et al. v. Derrick SCHOFIELD, in his official capacity, et al.

Court of Appeals of Tennessee, at Nashville.

April 11, 2012.

Application for Permission to Appeal Denied by Supreme Court August 17, 2012.

Attorney(s) appearing for the Case

Stephen M. Kissinger and Stephen A. Ferrell , Knoxville, Tennessee, and Roger W. Dickson , Chattanooga, Tennessee, for the appellant, Stephen M. West.

C. Eugene Shiles, Jr. , and Howell G. Clements , Chattanooga, Tennessee, for the appellant, Billy Ray Irick.

Robert E. Cooper, Jr. , Attorney General and Reporter, William E. Young , Solicitor General, and Mark A. Hudson , Senior Counsel, for the appellee, Derrick Schofield, in his official capacity.

OPINION

DAVID R. FARMER, J., delivered the opinion of the Court, in which HOLLY M. KIRBY, J., and J. STEVEN STAFFORD, J., joined.

Plaintiffs filed an action for declaratory judgment and injunctive relief, asserting the lethal injection protocol used to carry-out the death penalty in Tennessee violated constitutional prohibitions against cruel and unusual punishment. The trial court entered judgment in favor of Plaintiffs. While the matter was pending in...

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