Christopher Lee Pricev.Commissioner, Alabama Department Of Corrections, Et Al.
Christopher Lee Price, an Alabama death-row prisoner, sought an emergency stay of execution and preliminary relief challenging Alabama’s planned use of nitrogen hypoxia. He argued that the method violated the Eighth Amendment and that Alabama’s execution procedures denied equal protection. The district court denied his original and renewed preliminary-injunction motions and his cross-motion for summary judgment. The Eleventh Circuit affirmed. The court held that Price had not shown a substantial likelihood of success on either claim. The record and the Supreme Court’s contemporaneous decision in Bucklew did not establish that nitrogen hypoxia would significantly reduce a substantial risk of severe pain compared with lethal injection. Because Price failed to satisfy the preliminary-relief standard, the court also denied the emergency stay. The expedited published decision addressed method-of-execution challenges, the evidentiary burden for emergency relief, and the limits of appellate intervention on the eve of an execution.
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