By Christopher Zoukis The Court of Appeals for the Eighth Circuit reversed a district court’s ruling that held a jail detainee’s excessive force and assault and battery claims could not go forward. Henry M. Davis was arrested in Ferguson, Missouri for driving while intoxicated between 3 and 4 a.m. on September 20, 2009. During the…

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  A divided federal court of appeals has rejected a challenge to the three-drug execution protocol Ohio plans to use. The state had suspended executions for more than three years due to litigation attacking its three-drug lethal injection method, and to its inability to obtain barbiturates formerly used to anaesthetize death row prisoners before being…

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by Christopher Zoukis The Court of Appeals for the Third Circuit has resurrected a challenge to the constitutionality of 8 U.S.C. § 1226(c), the section of the Immigration and Nationality Act that requires mandatory detention of undocumented immigrants who have committed certain crimes. The challenge was brought in 2012 by plaintiffs Garfield Gayle, Neville Sukhu…

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By Christopher Zoukis On November 2, 2016, the Eleventh Circuit upheld a district court’s denial of death row prisoner Thomas D. Arthur’s challenge to the use of the drug midazolam in the lethal injection protocol used by the State of Alabama. Arthur challenged midazolam as the first in a series of three drugs administered during…

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By Christopher Zoukis The Seventh Circuit Court of Appeals held it was premature to file a request to revise conditions of supervised release 14 years before those conditions were to go into effect. The terse per curium ruling, issued on September 6, 2016, disallowed federal prisoner Andre Williams’ request to modify his conditions of supervised…

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By Christopher Zoukis In a brief, unsigned opinion handed down October 11, the U.S. Supreme Court has thrown out the death sentence an Oklahoma jury gave Shaun Michael Bosse after convicting him in 2010 of the first-degree murders of his former girlfriend and her two young children. Bosse fatally stabbed 25-year-old Katrina Griffin and her…

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